Individuals who obtain a green card through marriage are granted conditional permanent resident status if married less than two years at the time of green card issuance. Conditional residents and their spouses must file a joint petition to remove conditions within 90 days of the second anniversary of obtaining conditional resident status. However, if the marriage ends prior to the two-year anniversary or the sponsoring spouse is unwilling to sign the petition, the conditional resident may seek a waiver of the joint filing requirement in the following situations:

  • If the marriage has ended by divorce or death of the spouse, the applicant must demonstrate that the marriage was entered into in good faith.
  • The conditional resident suffered abuse or battery from his or her spouse
  • The conditional resident will suffer extreme hardship if forced to return to their country of origin