For many foreign fiance(e)s, permanent residence status is conditional if it is based on a marriage that was less than 2 years old on the day you were given permanent residence. You are given conditional resident status on the day you are lawfully admitted to the United States on an immigrant visa or adjustment of your status to permanent residence.
The foreign fiance(e)’s status is conditional, because you must prove that you did not get married to evade the immigration laws of the United States. To remove these conditions you must file a petition to remove the conditional status placed on your permanent resident status.
Eligibility Criteria
Generally, you may apply to remove your conditions on permanent residence if:
- You are still married to the same U.S. citizen or permanent resident after 2 years (your children may be included in your application if they received their conditional resident status at the same time that you did or within 90 days)
- You are a child and cannot be included in the application of your parents for a valid reason
- You are a widow or widower of a marriage that was entered into in good faith
- You entered into a marriage in good faith, but the marriage was ended through divorce or annulment
- You entered into a marriage in good faith, but either you or your child were battered or subjected to extreme hardship by your U.S. citizen or permanent resident spouse
- The termination of your conditional resident status would cause extreme hardship to you
