Conditional permanent residence

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Old May 11th 2009, 4:27 pm
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Default Conditional permanent residence

Hello chaps,

A mate has forwarded an email he got from a law firm regarding various changes in US immigration procedures etc. - one particular paragraph caught my eye, I was wondering if anyone could confirm its veracity and, if so, whether or not it would apply to me (I am in the US having married my wife following receiving a K-1 visa, currently awaiting AOS):

Conditional Green Card

If your marriage was less than two years old at the time you obtained permanent residence through marriage to a US citizen, he or she will be granted “Conditional Permanent Residence,” meaning that permanent residence is granted for two years. Prior to the end of the two years (within 90 days of the expiration of conditional residence), the spouse must submit an application to USCIS to remove conditional status. The applicant and the U.S. citizen must jointly file a petition to remove conditional residence. If applicant is divorced at the time of filing, applicant may submit a waiver application to USCIS for removal of the conditional status. The USCIS may call in applicant for a second interview to verify that the marriage was bona fide at the time it was contracted. Removing conditional status is an extremely important step, because if a spouse fails to submit this application, his or her permanent residence is automatically terminated, and will be removable from the U.S.
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Old May 11th 2009, 4:31 pm
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Default Re: Conditional permanent residence

Originally Posted by twazzler
Hello chaps,

A mate has forwarded an email he got from a law firm regarding various changes in US immigration procedures etc. - one particular paragraph caught my eye, I was wondering if anyone could confirm its veracity and, if so, whether or not it would apply to me (I am in the US having married my wife following receiving a K-1 visa, currently awaiting AOS):
t'is true.
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Old May 11th 2009, 4:35 pm
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Default Re: Conditional permanent residence

Originally Posted by twazzler
Hello chaps,

A mate has forwarded an email he got from a law firm regarding various changes in US immigration procedures etc. - one particular paragraph caught my eye, I was wondering if anyone could confirm its veracity and, if so, whether or not it would apply to me (I am in the US having married my wife following receiving a K-1 visa, currently awaiting AOS):
Originally Posted by Manc
t'is true.
And it does apply to you.

Regards, JEff
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Old May 11th 2009, 4:48 pm
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Default Re: Conditional permanent residence

Here is some useful reading-

http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD
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Old May 11th 2009, 4:50 pm
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Default Re: Conditional permanent residence

Yes, all that is true, it applies to you, and it's nothing new.

Rene
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Old May 11th 2009, 6:43 pm
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Default Re: Conditional permanent residence

Thanks once again for all your replies, very helpful indeed.

I'm glad I caught this now, just imagine getting kicked out after two years for not filling in another sodding form!
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Old May 11th 2009, 7:10 pm
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Default Re: Conditional permanent residence

Originally Posted by twazzler
Thanks once again for all your replies, very helpful indeed.

I'm glad I caught this now, just imagine getting kicked out after two years for not filling in another sodding form!
They usually remind you of this at the AOS interview, we received written instructions at that time to keep in our file at home. Also, recently, we've been seeing official USCIS notices going out when it's time to remove conditions.

But good that you know ahead of time! Keep collecting your evidence for the removal of conditions!

Rene
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Old May 11th 2009, 7:15 pm
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Default Re: Conditional permanent residence

Originally Posted by twazzler
Thanks once again for all your replies, very helpful indeed.

I'm glad I caught this now, just imagine getting kicked out after two years for not filling in another sodding form!
It will be obvious when you get your green card, since it will expire in two years. You'd probably notice and think 'hey, I need to do something about this!'.

Do keep saving documents throughout your immigration, read a few of the I-751 posts here to see what sorts of things people send in.

And while we're on the topic, after you get your green card in hand, go back to Social Security pretty sharpish and get a new SS card. It will NOT have the 'with DHS authorization' legend on the front, which has a couple of advantages.
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Old May 11th 2009, 7:17 pm
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Default Re: Conditional permanent residence

Where's the changes? This is old news and has been this way since forever. If you are interviewed successfully for adjustment of status before your second wedding anniversary you are a conditional permanent resident and have to file within 90 days of the expiration of the 2 yr green card for removal of conditions via form I-751 and yes, it might well apply to you.
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Old May 11th 2009, 7:19 pm
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Default Re: Conditional permanent residence

Originally Posted by twazzler
Thanks once again for all your replies, very helpful indeed.

I'm glad I caught this now, just imagine getting kicked out after two years for not filling in another sodding form!

Yup, imagine that. Like all the rest of us who have had to leave ourselves reminders to mail in the I-751 at the correct time, you will have to leave yourself reminders.
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Old May 11th 2009, 7:25 pm
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Default Re: Conditional permanent residence

It will apply to you ONLY if your approved prior to your 2 year marriage mark. I personally was interviewed 2 mths shy of my 2yr mark but due to being stuck in the FBI Namecheck for close 2yrs I was granted a 10yr card at time of approval.
Best of luck
Kat
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