If you became a conditional resident through marriage to a US Citizen or a Green Card holder, it is mandatory for you to file form I-751, which is a petition for the Removal of Conditions. This form is filed with the aim of proving the authenticity of your marriage and to indicate that it wasn't a marriage of convenience aimed at bypassing immigration laws. It is crucial to file this form within 90 days preceding the expiration of your conditional residency. If the procedure is ignored or mishandled, it could lead to removal or deportation, so it should be undertaken with utmost seriousness.
Once you have successfully filed form I-751, you will promptly receive a USCIS Notice of Action. This essential document serves as an official confirmation from USCIS, and it extends your conditional residency status for another 48 months.
In addition, you can apply for US citizenship once you have reached the third year of your permanent residency, regardless of the status of Removal of Conditions (ROC) petition.
It is important to understand that this entire process is closely monitored by the USCIS, who may require you to attend biometrics appointments or request additional evidence of your bona fide marriage. This could even include a face-to-face field office interview to further verify your marriage claims.
Upon granting, the 10-year Green Card will authorize you to work and travel internationally while serving as your official identification in the United States.
Importantly, if any legal issues arise - such as if you have been arrested or detained by law enforcement officers for any reason or if your marriage has been terminated through divorce or annulment - contact a licensed immigration attorney immediately. You will need professional legal advice to determine your eligibility for ROC and to understand if there are any supplementary steps you need to undertake to maintain your legal status within the US.
Remember, securing your residency and maintaining lawful status is a complex and nuanced process, so it's worth seeking professional counsel to navigate it successfully.
Last Update: March 2024
Reunited Visa, LLC.
Roseanne Moss I DBA: Reunited Visa, LLC I Bond: 283923R I Authorized Immigration Consultant by the California Secretary of State
We are not associated or affiliated with any government agencies. Our assistance includes a thorough guide to help you with your visa and/or permanent residence application. We want to make it clear that we cannot guarantee a successful outcome. It's important to understand that we are not a law firm, and therefore, we do not offer legal advice specific to your situation.
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