Spouses of U.S. Citizens who were married less than two years when their first green card was approved are given a two-year green card instead of a ten-year green card. These two-year green cards are also called “Conditional Residency.”

At the end of the conditional residency period, the spouses are required to jointly file Form I-751, Petition to Remove Conditions on Permanent Residence. This process is implemented by USCIS to screen for possible marriage fraud. The purpose of the I-751 process is to establish with immigration that the marriage is legitimate and in good faith, or “bona fide.” If the marriage has since ended, some people may still be able to get their I-751 Petition approved with certain waivers.

It can be very helpful for couples to consult with an experienced attorney when they reach the I-751 stage, because the timing of filing is important and so is the type and amount of evidence submitted to immigration. Some couples may have to appear at an interview with USCIS. Immigration interviews can be a stressful experience, but having an attorney help you can alleviate a lot of that stress.

If you need to file an I-751 petition after the termination of a marriage, you should plan to speak with an experienced attorney to make sure your rights are protected.