Conditional Permanent Resident

Charlotte Immigration Attorney

If you have been married for less than two years, you will be admitted as a conditional permanent resident. During the 90 days prior to the second year of your admission as a conditional permanent resident, you and your spouse must file jointly to remove the condition. When you file to remove the condition, you and your spouse must prove that the marriage was bona fide. Basically, you must show that the marriage was not entered into merely for the purpose of obtaining an immigration benefit.

Once the condition is removed, you will be a lawful permanent resident. In some cases, the U.S. citizen spouse is unwilling or unable to join in the filing to remove the conditional residency. So long as the marriage was entered into in good faith, the alien spouse may file to waive the joint petition requirement if the spouse has died, the marriage has terminated, or the conditional resident has been the victim of domestic violence by the citizen spouse.