When you have a fiance visa you also receive a conditional green card if the approval of the marriage is less than two years. Conditional green cards can also be granted to job-creation investors and spouses holding K3 visas.

Conditional Green Card

A conditional green card can be obtained by K1 holders if the I-485 approval was less than two years ago. This means that the spouse's permanent resident status was granted on the condition that they genuinely marry a citizen of the United States. This type of green card was created to prevent marriage fraud. Conditional green cards are only valid for two years and expire when conditions are not removed from the card. Non-citizen spouses lose their resident status when the green card expires and face deportation. Green cards are valid for ten years and even though the card expires; the status does not.

When granted a conditional green card when your marriage is closer to the two-year mark, you are required to still wait two years before you can remove the conditions on the green card. This means that if you have been married for a year and a half you cannot remove the conditions on the green card after half a year. You have to wait two more years, meaning you can remove the conditions on your residency once you have been married for three and a half years.

Removing the conditions

 The foreign and citizen spouses must file Form I-751 together if they are currently married within ninety days before the expiration of the conditional green card.  If you fail to file this form then the permanent resident status is lost upon expiration of your green card. Once this happens you can be deported. If you are late to file you have to show that the delay was caused by something outside of your control and the delay was reasonable given the situation.

There are times that a foreign national can file to have the joint filing requirement waived. If your spouse has passed away, you entered the marriage believing you were meant to be and things did not work out the way you expected and you are working on divorce or annulment, you entered the marriage believing everything would work out and were the victim of abuse, or if you terminate your status it will result in extreme hardship. When you file to waive the requirement to file together because of the reasons previously mentioned, you can file the petition at any point following the conditional green card before being removed.

There are many things to consider when moving from adjusting status from a K1 visa to permanent residence. Consulting with an attorney may be your best bet of ensuring that everything is done correctly.