The conditional status exists to ensure that marriages are genuine and not solely for immigration purposes. To remove these conditions, you must file a petition proving the legitimacy of your marriage.

As a permanent resident, your green card serves as proof of your right to live and work anywhere in the United States without needing additional authorization.

If you apply to remove the conditions on your green card before it expires, USCIS will extend your conditional resident status until a final decision is made. You will receive a notice confirming this extension, which can be used as proof of your legal status even if your green card expires during the process. This notice can be presented to verify your residency if required.

You may apply if:

• You are still married to the same spouse after two (2) years (children can be included if they received conditional status at the same time).

• You are a child and cannot be included in your parent’s application.

• You entered the marriage in good faith but your spouse died.

• Your marriage ended in divorce or annulment, but it was entered into in good faith.

• You or your child experienced abuse or hardship from the U.S. spouse.

• Facing removal would cause extreme hardship.

If the marriage ends or you are a victim of abuse, you can request to waive the joint filing requirement. In such cases, you can apply anytime before removal from the U.S. without notifying your spouse.

If you are still married but legally separated or in the process of divorce or annulment and have submitted a waiver request, USCIS will send a Request for Evidence (RFE) asking for a copy of the final divorce decree or annulment, if applicable.

If you initially filed to remove conditions jointly with your spouse but are now separated or divorced, USCIS will issue an RFE requesting the final divorce decree or annulment. You will also need to provide a statement requesting that your joint petition be converted to a waiver application.

Generally, the application must be filed within 90 days before the green card expires. If you fail to file in time, your conditional status may be terminated, and removal proceedings may begin.​

​If you miss the deadline, you may still apply if you can show a valid reason for the delay. USCIS has the discretion to reinstate your status.

This interview, if required, will closely mirror the original interview that you and your spouse went through to obtain the marriage-based green card. Officer(s) will ask questions about your relationship and may address divorce or separation. It’s very important to answer truthfully, as fraud can lead to denial and removal.