US Immigration News

What to Do If Your Conditional Green Card Status Is About to Expire As a Sponsored Spouse

2 minute read
"Immigrating to the United States can be an especially long process for foreign nationals coming to the US to get married to a US citizen. Spouses of US citizens are issued a conditional Green Card that is valid for 2 years."
Written by My Visa Source Team
Published on:  May 11, 2021
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Author info:

Immigrating to the United States can be an especially long process for foreign nationals coming to the US to get married to a US citizen. Spouses of US citizens are issued a conditional Green Card that is valid for 2 years.

The US Citizenship and Immigration Services (USCIS) places certain limits and restrictions on your conditional Green Card (officially known as a Permanent Resident Card) to protect US citizens from fraud from foreigners. These limitations can be removed at the end of the 2 years. 

What Is the Process of Removing Conditions from Your Green Card?

The conditional Green Card is valid for 2 years. As the expiration date nears, you must take steps to adjust your status in the US. You are required to submit Form I-175 with your spouse 90 days before your conditional Green Card is set to expire. 

If you fail to submit Form I-175, then the USCIS can start the process to remove you from the country. You are eligible to adjust your status if you meet the following requirements:

  • You are still married to your spouse at the end of the 2 years
  • Your marriage was in good faith, but your spouse passed away
  • Your marriage was in good faith but ended in divorce or annulment due to no fault of your own
  • You faced abuse and endangerment by your US citizen spouse after receiving your conditional Green Card

If you are under any of the last 3 conditions mentioned above, then you are exempt from the requirement to file Form I-175 with your spouse. 

In these cases, you do not need to wait for the 2 years to end to apply for adjustment of status if it can be demonstrated how deportation will be a hardship for you. You will be required to attach necessary documents such as the death certificate, divorce paperwork or evidence that you have faced abuse from your spouse. 

What Is the Outcome of this Process?

After submitting Form I-175 with the necessary documents, you will be summoned for an interview with an immigration official. This official will interrogate you regarding your marriage and other personal relationships to determine if you gained permanent residency through the due legal process without misrepresentation. If this interview is successful, then you will receive your Green Card shortly afterwards.

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