A person who obtains residency or “green card” through marriage when they were married less than 2 years, the residency is conditional. To remove the condition and obtain permanent residency, both spouses must submit a “removal of conditions” application during the 90-day period before the conditional green card expires.
There are occasions when spouses cannot file a joint application, for example:
- the marriage ended due to divorce or annulment, even though they entered into the marriage in good faith;
- the conditional resident and/or children have been victims of spousal abuse or domestic violence;
- death of the spouse.
In these circumstances the conditional resident may apply for a waiver or “forgiveness” of the joint filing requirement. This is a complex and difficult process. Consult with an experienced attorney BEFORE you submit any application.
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