Of the many ways through which a person can obtain a green card, marriage
to a US citizen is one. In short if you had obtained your conditional
resident status through marriage to a US citizen you will then need to
apply to the USCIS to remove the conditions attached to your green card
with the I 751 immigration forms. Green card issued based on a
marriage to a US citizen is conditional in nature for a period of two
years. This immigrant visa category is called as Conditional Resident.
With the expiry of the schedule two years the conditional resident period
is automatically over and you will be subject to deportation or removal.
To avoid this you need to fill out the I 751 immigration form 90 days or
less before the permanent residence expires.
Once you have filed the I 751 immigration form with the USCIS, they
extend your permanent residence for 1 year until the request to remove
the conditions is either approved or denied. It is important to note that
the onus lies on the applicant to prove that the marriage was not a sham
to obtain a green card. If you have dependent children who have
acquired conditional resident status concurrently with you and have
entered the United States within 90 days of your arrival, then you must
include their names and A-Numbers of these children in part 5 of the I
751 immigration form to have their conditional resident status removed.
If you have dependent children who acquired their conditional resident
status after 90 days from the date of your adjustment or if the
conditional parent is deceased, then those children must file the form I
751 separately. The timing of filing the I 751 immigration form is
important. If you are filing this form jointly with your wife, then
you must file it during the 90 days immediately before the second
anniversary of the date you were given conditional resident status. For
all practical purpose this is the date on which your conditional resident
status expires. You should file the I 751 FORMS to prove that your
marriage was not a sham. To prove this you can attach as many documents
that you wish to establish this fact. Your documents may include: a.
Birth certificate(s) of child(ren) born out of the marriage. b.
Mortgage or lease contract showing joint occupancy. c. Any other
documents as proof to establish that your marriage was not entered into
to evade the US Immigration laws. d. Affidavits sworn by at least
two persons. Once the application is accepted it will be checked for
its correctness. If you do not fill out the form completely you will not
establish a basis for eligibility and the USCIS may deny your
application. The decision of the USCIS will be notified to you in
writing. The filing fee associated with the I 751 immigration form
is $465 with an additional $80 as bio-metric fee. It is important
that the I 751 FORMS is filed within the proper window period of 90 days
before your second anniversary as it will help you stay in status and
also have your green card renewed further.
Related Articles -
US Visa Application, US Visa Extension, I 539 Forms, I 751 Forms,
Imigration, Renew Green Card, Replacement Certificate of Naturalization,
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