Why the card was conditional
Where a marriage was less than two years old when residence was granted, the green card is issued on a conditional basis. Conditional residence carries the same right to live and work, and it expires. Removing the conditions requires a separate petition.
The filing window matters
The petition is filed within the ninety day period immediately before the conditional card expires. Filing early can result in rejection, and filing late requires explaining the delay. Calendar it the day the card is issued.
Ordinarily you file together
The joint petition asks the couple to show the marriage was entered in good faith, with evidence covering the whole conditional period rather than the original filing. Leases, accounts, insurance, children, travel, and correspondence all count.
If the marriage has ended, or was abusive
Waivers exist. A petition can proceed without the spouse where the marriage was entered in good faith and ended, where the petitioner was battered or subjected to extreme cruelty, or where removal would cause extreme hardship. Divorce does not automatically end eligibility.
