How to remove conditions on your two year green card

This page is general information, not legal advice. If you are divorced, separated, abused, or have any arrest, talk to a lawyer or DOJ accredited representative before you file.

Why is my green card only for two years?

If you were married less than two years on the day you became a permanent resident, your status is conditional (USCIS). The card says it expires in two years. You are still a permanent resident. You can live and work here and travel with the card.

The condition is a check that the marriage was real. You remove it with Form I-751. Do not file Form I-90 to "renew" this card. USCIS says conditional residents cannot use the I-90 for that.

When do I file?

Filing together: during the 90 days right before your card expires. Filing earlier can get the packet rejected (USCIS I-751 page).

Filing alone with a waiver: any time before your status ends, and even after, until a final removal order. You do not have to wait for the 90 day window.

A child filing separately (for example, a child who got conditional status more than 90 days after the parent): any time before the card expires.

How do we file together?

You and your U.S. citizen or green card holder spouse sign one Form I-751. Include your children if they got their conditional cards at the same time as you or within 90 days of you. Otherwise each child files their own.

Send (USCIS I-751 page, checked October 21, 2026):

• Copies of the front and back of your green card, and of each child's card you include
• Proof your marriage is real (see below)
• Court papers for any arrest, charge or conviction
• A written explanation if you are filing late
• Certified English translations of any foreign language document

Sign the form. USCIS rejects unsigned forms. If you mail it, you can add Form G-1145 to get a text or email when it is accepted.

What proof shows our marriage is real?

The rule lists examples (8 CFR 216.4(a)(5), checked October 21, 2026):

• Joint property: deed, mortgage
• A shared home: lease with both names
• Mixed money: joint bank accounts, shared bills, joint tax returns, insurance naming each other
• Children born to the marriage: birth certificates
• Sworn letters from people who know you as a couple: friends, family, a pastor, neighbors, with their contact information and how they know you

USCIS asks for as many documents as you can, covering the whole time from your wedding to now. Spread proof across the two years, not just one month. Photos together over time can help as part of the mix.

Can I file without my spouse?

Yes. You can ask USCIS to waive the joint filing rule if (USCIS):

• You married in good faith, but the marriage ended in divorce or annulment.
• You married in good faith, but your spouse died.
• You married in good faith, but you or your child were battered or subjected to extreme cruelty by your spouse.
• Ending your status and removing you would cause extreme hardship.

A child can also file alone if the parent married in good faith and the child was abused by the parent or stepparent. You can ask for more than one waiver at once.

What changes is the proof. You still show the marriage was real. Then add:

• Divorce or annulment: the final decree, and evidence about how the relationship ended.
• Death: the death certificate.
• Abuse: evidence of the abuse. USCIS says it will consider any credible evidence. Police reports, restraining orders, medical records, letters from counselors or shelters, and your own detailed statement can all help.
• Extreme hardship: evidence of the hardship. See What extreme hardship means for an immigration waiver.

Separated or divorce still pending? USCIS says if you filed a waiver request, it will send a Request for Evidence asking for the final decree. If you filed jointly but are now separated, it will ask for the decree and a statement that you want the case treated as a waiver. Send the decree within the response time.

What if my spouse is abusive?

You do not need your abuser's signature. You can file alone, at any time, with no filing fee for an abuse waiver (USCIS fee schedule). You do not need a police report if you don't have one.

USCIS takes extra steps to protect people in abuse cases. Its Contact Center must verify your identity before sharing anything about an I-751 abuse waiver (USCIS Contact Center). Use a safe mailing address. See Will immigration share my abuse case with my abuser?

If you are in danger right now, call 911. For a safety plan and support, see Which helpline to call.

What happens after I file?

1. Receipt notice. Keep it with your green card. Together they prove your status and your right to work for 48 months past the card's date. If you still need proof after that, call the Contact Center (USCIS).
2. Appointments. Watch your mail for any appointment notice, such as for fingerprints and photos.
3. Interview, maybe. USCIS can approve without an interview if the papers are strong (8 CFR 216.4(b)). If you get an interview notice, it tells you who must come and when. Bring originals of everything you sent.
4. Decision. If approved, you get a 10 year green card. Track it on Case Status Online or your USCIS online account.

Moved? Report your new address to USCIS within 10 days (USCIS). See How to tell USCIS you moved.

What if I missed the window?

File as soon as you can, with a written explanation of why you are late. USCIS accepts a late joint filing only if you show good cause (8 CFR 216.4(a)(6)).

Be real about the risk. If you do not file in time, your conditional status ends automatically. USCIS sends a notice and starts removal proceedings with a Notice to Appear (USCIS). In court, you have to prove you met the requirements. Get a lawyer now.

What if USCIS denies it?

There is no appeal to USCIS. Your status ends as of the denial, and USCIS can send a Notice to Appear. You can ask the immigration judge to review the denial in court. There, the government must prove the denial was right (8 CFR 216.4(d); USCIS). If the judge orders removal, you have 30 days to appeal to the Board of Immigration Appeals. See What happens at your first immigration court hearing.

What mistakes cause trouble?

• Filing before the 90 day window opens.
• Filing an I-90 instead of an I-751.
• Sending proof from only one short period.
• Leaving out court papers for an arrest, even a dismissed one.
• Forgetting to sign.
• Using a payment form with the wrong amount.
• Letting a notario fill it out. See Warning signs of an immigration scam.

Questions people ask

Can I travel while my I-751 is pending? Your card plus the receipt notice are evidence of your status. Before a long trip, or any trip if you have a record, ask a lawyer.

Can I apply for citizenship while it's pending? Some people can. The rules depend on your case. See Can I become a US citizen? Check these warning signs first.

My spouse won't sign. What now? If you are still married and your spouse refuses, talk to a lawyer about which waiver fits. The hardship or abuse waivers may apply.

Can I include my child? Yes, if your child got conditional status at the same time as you or within 90 days of you.

Who can help?

Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• Community Legal Services in East Palo Alto (for low income San Mateo and Santa Clara county residents): (650) 326-6440
• Immigration Institute of the Bay Area, Redwood City office: (650) 587-1558 to book a free first consultation (appointments only)
• Legal Aid Society of San Mateo County: (650) 558-0915. Its LIBRE program at (650) 517-8936 offers limited help to some survivors, including with VAWA.
• Catholic Charities of San Mateo County: (650) 295-2160
• Tahirih Justice Center, Bay Area (for survivors of gender based violence): 650-270-2100
• For Santa Clara County residents: Office of Immigrant Relations partners
• Anywhere in California: the state's map of free immigration legal services, or call (916) 651-8017
• Anywhere in the U.S.: the Justice Department's list of free legal service providers

Is there a checklist I can print?