Conditional / Temporary Residents MUST File to Remove Condition

After the historic 2013 decision by the Supreme Court of the United States in US v. Windsor (570 US ___ ), many same-sex couples got married. This enabled a US citizen to petition successfully for a foreign spouse and for that spouse to get Legal Permanent Resident status, the so-called “green card.” Our offices in Hollywood, Pasadena, and Palm Springs has handled many, many of these cases, all successfully.

To ensure that green cards are not obtained through false marriages, the Immigration Marriage Fraud Act (IMFA) requires a couple to file Form I-751 Petition to Remove Condition on Residence if the couple was married for less than two years on the day the green card was granted.

If you received your green card within the last two years based on marriage to a US citizen or green card holder, and if you wish check to see whether you are required to file the I-751, look at your green card. Under “Category,” if you see CR or CR-1 or CR-6 — if the two letters are CR, then you must file the I-751 before your green card expires. If you see CR-1 or CR-6 and your green card has already expired, seek legal assistance immediately.

Under “Category,” if you see IR-1 or IR-6, then you are not required to file the I-751.

Remember that if the I-751 is not filed on time, or if it is not accompanied with appropriate documents to demonstrate that the couple is living is a married life together, or if there has been a separation, divorce, or death, then USCIS may question or deny the case. Be sure to attach appropriate documentation to the I-751.

Recently, we have had lots of inquiries from Los Angeles and Riverside counties about removal of condition on residence, so if you would like to set up a time to chat about filing the documents, please feel free to contact us. –jcf