LIFTING OF CONDITIONAL STATUS
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Section 7.0...LIFTING OF CONDITIONAL STATUS
If you have been married more than 2 years when your Adjustment application is approved (I-551 stamp in the passport), you probably will become a permanent resident with no conditional period. If so, the information in this section will not apply to you.
7.1)...Please explain "Conditional Permanent Residency"?
A..A two year Conditional Residency is granted to those who apply for Adjustment of Status based on marriage to a US Citizen. This two year period helps to deter visa fraud and marriages of convenience. During the "conditional" period, you still have all the rights of a Permanent Resident. Your status as a permanent resident expires at the end of this two year period unless you file for lifting of the conditional status.
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7.2)..When do I become a Permanent Resident (conditional status removed)?
A..You become a permanent resident (conditional status removed) after approval of the I-751 "Petition to Remove the Conditions on Residence".
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7.3) ..When do I file the I-751 to lift conditional status?
A..When your passport is stamped with the I-551 at the adjustment of status interview, the stamp has the AOS approval date written on it. Your 2 year conditional period begins with that date.
Ninety (90) days prior to the end of the conditional period, you and your US Citizen spouse will apply together for a removal of the "conditional" status by filing form I-751 together as a married couple.
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7.4) ..How do we file for lifting of conditions for my K2 child?
A..If your K2 achieved permanent resident status at the same time as the K1, or within 90 days afterwards, then include them on the joint petition. If the K2 achieved permanent resident status more than 90 days after the K1, or if the parents are NOT filing a joint petition (due to termination of the marriage), the K2 will file their own I-751.
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7.5) ..Where should I send the application package?
A..You will send the application package to the BCIS (INS) Service Center in which district you are currently residing.
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7.6) ..Why is filing 90 days before the expiration of my 2 year green card so important?
A..You need to file the I-751 petition at the earliest possible opportunity, because when your two-year green card expires you no longer have status as a permanent resident, you are not authorized to work, and technically, you are deportable. You must allow yourself and the BCIS (INS) the maximum amount of time to get the petition approved.
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7.7) ..Is there another interview required to lift my conditional status?
A..It is not required to have another interview. If the BCIS (INS) is overwhelmed with evidence that your marriage is based on an honest relationship entered in good faith, and you are still married with all sorts of everyday evidence of your married relationship there will be no interview. This should not be a problem for any K1 couple because collecting evidence is something you are somewhat used to by now.
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7.8) ..What "evidence" should I submit in order to avoid an interview?
A..The list is endless, and you can send whatever evidence you want to overwhelm the BCIS (INS) in support of your petition.
Your list might include:
- You *must* include a copy of your I-551 green card as initial evidence.
- The I-797 approval notice from the original I-129F petition.
- Copies of the passport with the K1 visa and the I-551 approval stamp.
- Bank statements showing both names.
- Insurance policies showing the spouse as beneficiary.
- Tax returns filed jointly.
- Loan payment papers showing both names.
- Utility bills addressed to both of you.
- Copies of tickets, boarding passes showing you traveled together (if you traveled).
- Birth certificates of any children born to you.
- Affidavits from people who know you and can attest to your marriage (like it or not, this is major evidence).
- Any other sort of common, ordinary correspondence addressed to either or both of you at the same address.
You should include a cover letter listing all the evidence so that the inspecting officer can quickly see what is in the package. This will help BCIS (INS) to determine if all the evidence which they require has been included without having to wade through many pages.
BCIS (INS) may ask for additional evidence after the petition has been filed, or they may schedule an interview for you some weeks or months into the future. Since your goal is to avoid an interview, gather as much information as you can and send it in. It is not required, for example, that both of you need to be listed on a mortgage statement or a car loan. There are probably a multitude of small things you can show instead.
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7.8.1) ..So what does BCIS (INS) want to see in the affidavit from people we know??
A..I did the I-751 in 1997, and it was approved without an interview. I asked the BCIS (INS) the very same question. I did exactly what they told me to do for the affidavits.
- Choose 2 friends who know you well *as a married couple*
- Have EACH friend write a letter
- Letter format:
- Must include the person's name, date of birth, SSN, address, and phone.
- Must be dated.
- Must state how the person came to know you [and list each of you by name).
- When and for how long they have known you.
- Must state that they have seen you a certain amount of time ['frequently'
works] since you have been married and that you appear to be a married
couple.
- Must be signed, but does not have to be notarized.
The above poster then described the format used for her letters:
David Smith
Address
City, State zip
(telephone number)
Date
To whom It may concern:
I am writing this letter to support the I-751 petition by Jane and
John Doe. I have known Jane and John since (date), when we met while
John and I were co-workers. I served as best man at their wedding.
Since their marriage, I have seen Jane and John together as a couple
many times and in a variety of situations, both at my house and
theirs, as well as in public. They appear to be a legitimately
married couple.
The most recent time that I saw them as a couple was at Jane's
surprise birthday party hosted by John.
If you have any questions, I may be reached at the phone number or the
address above.
sincerely,
David Smith
(social security number)
(date of birth)
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7.8.2) ..Does the BCIS (INS) do any background checks for conditional residents such as FBI and CIA checks?
A..There is no new check but you do have to answer questions about your criminal history since becoming a permanent resident (and obviously, if you lie, this is grounds for deportation either now or at a later date). If you later apply for naturalization there will be a further FBI check.
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7.9) ..How will I be notified by BCIS (INS)? What is my status before I get a new green card?
A..When the BCIS (INS) accepts your petition, they will send a filing receipt. This receipt is usually an I-797C Notice of Action which states "Your alien card is extended one year - employment and travel authorized." Keep the receipt with your green card.
If a K2 is also listed on the petition, they will receive their own "duplicate notice" (which is a letter, not an actual I-797C) from BCIS (INS) which will state they have been included on the petition as a dependent, and that they also have work and travel authorization, and that the letter serves as proof.
When the petition is approved, you will get a letter from BCIS (INS) notifying you of the decision. Your new permanent status will be IF1, or "Immigrant Fiance(e) 1". If there is a K2 involved, they will get a separate letter from BCIS (INS) notifying them of their status, which will be a IF2, or "Immigrant Fiance(e) 2".
(...begin quote...)
File Number: alien number
Date of Decision: 03/08/2000
New Classification
Symbol: IF1
Admission Date: 01/29/1988
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7.9.1) ..So I have to go back to the local BCIS (INS) office even after I have received unconditional permanent resident status?
A..Yes. Your approval letter will have the address of your local office listed at the bottom. You won't need a scheduled appointment, but you will take your Approval Notice letter, your conditional greencard and your passport and go to the local office for two reasons.
- First, you will be processed for a new greencard.
For this you will bring 2 photos (or maybe 3 photos, read the approval letter for specifics) similar to the photos on your conditional greencard. You will have a fingerprint taken as well. There will be no fee charged for this processing. The local BCIS (INS) office will likely take your conditional greencard, so unless you think of an inventive method of keeping it, you won't have it for your scrapbook.
- Second, you will get an I-551 "stamp in the passport".
This will be similar to the stamp you got when you were approved for Adjustment of Status, and it will be good for one year. It continues your work authorization. Unfortunately, it also means your passport is your only "proof of status" until your new greencard arrives. If your new greencard should take longer than one year to arrive, you will need to go back to the local office and get another stamp (this is very unlikely to happen).
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7.10) ..The green card is only good for 10 years!!
A..Your new permanent resident green card is good for 10 years, your permanent resident status does NOT expire after 10 years. You should apply for a replacement card, however, otherwise you won't have anything in your purse or wallet to prove your status regarding work authorization or reentering the US after travel abroad.
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7.11) ..My marriage fell apart and we are divorced. Can I still get the conditional status lifted?
A..The I-751 is normally filed by a married couple, but if you have divorced, or your US Citizen spouse has died, you may file the petition on your own. The I-751 form itself contains provisions for a waiver of the requirement to file jointly with the US Citizen spouse. You may file the I-751 immediately upon divorce or the death of your spouse, and you will be required to provide evidence that you married in good faith, rather than to just get a green card by marrying a US Citizen. You will be required to submit a copy of the divorce decree or death certificate.
The I-751 also makes provisions for a waiver for filing jointly with your spouse, if you are still married, but "battered or subject to extreme mental cruelty". If you are in this unfortunate situation, you need the help of an experienced immigration attorney.
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Updated February 22
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