If you received a two-year conditional green card, you may need to take additional steps to remove the conditions on your permanent residence. Gagliano Law, PLLC helps conditional residents navigate the removal-of-conditions process, whether they are still married and filing jointly or need to file independently based on their individual circumstances.
Understanding removal of conditions
Depending on your circumstances, you may be able to seek removal of conditions through different filing options, including:
- Joint filing with your spouse. When the marriage continues and both spouses are filing together
- Filing individually after divorce. When the marriage was entered into in good faith but later ended
- Abuse or extreme cruelty waiver. When the conditional resident experienced qualifying abuse or extreme cruelty
- Other qualifying waiver circumstances. Certain other circumstances may permit an individual filing without the participation of the spouse
Evidence for removal of conditions
Evidence may include:
- Joint bank accounts and credit cards
- Joint tax returns
- Joint leases or mortgages
- Utility bills
- Health, life, and auto insurance
- Joint memberships
- Travel records
- Photographs together
- Text messages and communications
- Evidence of shared household responsibilities
- Birth certificates of children, if applicable
- Statements from family and friends
- Evidence supporting a divorce or waiver, when applicable
How we handle your case
- Case review. We review your marriage, immigration history, conditional residence, and current circumstances
- Determine the appropriate filing. We determine whether your circumstances call for a joint filing or an individual waiver-based filing
- Evidence preparation. We identify and organize the evidence needed to support your petition
- USCIS filing and follow-up. We prepare the filing and help you respond to USCIS requests for additional evidence or other notices when necessary
Frequently asked questions
Can I file if I am still married?
Yes. If you remain married and meet the requirements, you may generally file jointly with your spouse.
Can I file by myself if I am divorced?
Potentially. If your marriage was entered into in good faith but later ended, you may be eligible to request a waiver of the joint-filing requirement.
What if my spouse refuses to file with me?
Depending on your circumstances, you may qualify for an individual waiver.
What if I experienced abuse or extreme cruelty?
There may be a waiver available that allows you to file without your spouse’s participation. Your individual circumstances and evidence must be carefully evaluated.
What if I do not have much evidence?
We can review the evidence you have, identify gaps, and help determine what additional documentation may be available.
Get help removing the conditions on your green card
Whether you are filing jointly with your spouse or independently, the correct filing strategy and evidence matter. Gagliano Law, PLLC can help you understand your options and prepare your case based on your individual circumstances.
Your conditional residence is an important step toward permanent residence. Make sure your case is prepared properly. Contact Gagliano Law to discuss your removal-of-conditions case.
