After You Receive your Conditional Resident Card - The Road Ahead
What to Expect After You Receive Your Conditional Resident Card - The Road Ahead
After clients receive their two-year conditional green card they are often celebrating the newfound joy of freedom. This is especially true since 99.5% of our marriage-based Adjustment of Status cases for Green Cards have had their interviews waived due to meticulous preparation.
Although these numbers represent a great victory for our clients, we are committed to preparing them for their road ahead. Since many interviews were waived, it stands to reason that the removal of conditions process will hold more scrutiny than years before. It is all the more reason to make sure that our clients continue to capture the details of their relationship so that they can have an anxiety-free removal of conditions process ahead.
Even though we have to remain diligent for the road ahead, it doesn’t mean we should not revel in the freedom that comes with finally attaining legal permanent resident status. Some clients have been slugging away working for an H-1B employer for years and they love that they can finally break out of “H-1B hell.” Other clients have been living in the US without legal status for years after overstaying their visitor visa, and can now travel abroad and visit relatives that they haven't seen for many years. The end of this journey brings clarity and for some people, a new lease on life based on possibilities.
After the initial excitement of being a Green Card holder subsides, the conditional resident looks at their two-year green card and wonders what will they have to do when faced with the expiration of the green card. Being in the unknown again can bring about the familiar anxiety that they were faced with when their initial application for the green card was pending. This article will lead you through the type of preparation you should be making while in your conditional resident status. You don’t want two years to go by and then be in a situation where you are within the 90-day window before expiration and you realize that you have not been keeping any paperwork to document your relationship.
Couples in this situation often ask “But I've already had my marriage interview, I already submitted so many documents, why do I have to go through all of this again?” The reason you were issued a 2-year green card was that you were married for less than 2 years at the time that your immigrant petition was adjudicated.
When you received your initial conditional resident card, it’s as if USCIS is saying “We are giving you the benefit of the doubt that your marriage is real and based on an intent to live as a married couple and it’s not a marriage entered into for immigration benefits. You were married for a very short period before you applied for your green card case and received your green card. Therefore, we just need to see if you are doing what you said you were going to do. In other words, have you lived as a married couple since you received your green card?”
Now that you’ve received your Conditional Resident Card here are some important things that you need to keep in mind:
Since USCIS has been waiving many interviews for marriage-based adjustment of status cases that have been very well documented during the past year or so (at least since before 2023), it is likely that greater scrutiny will fall on the Removal Of Conditions process than usual. This is because USCIS usually only waives interviews for the following adjustment of status cases pursuant to Policy Manual, Volume 7 - Adjustment of Status - Part A - Adjustment of Status Policies and Procedures:
Unmarried children (under 21 years of age) of U.S. citizens if they filed a Form I-485 on their own (or filed a Form I-485 together with their family’s adjustment applications and every applicant in that family is eligible for an interview waiver);
Parents of U.S. citizens; and
Unmarried children (under 14 years of age) of lawful permanent residents if they filed a Form I-485 on their own (or filed a Form I-485 together with their family’s adjustment applications and every applicant in that family is eligible for an interview waiver).
Why ask for more evidence of marriage documents?
USCIS needs to see documentary proof of your married life in terms of the intermingling of your resources, responsibilities and liabilities, in order to make sure you are still living as a married couple as represented to USCIS at the time of your adjustment of status.. We call this the sequel to the marriage-based green card (mini-marriage case)
Question: If USCIS still needs so much information about my spouse and I, what exactly is it that I have in terms of the Conditional Resident card? I thought I became a legal permanent resident of the US when my adjustment of status was approved.
What is a Conditional Residence Card?
It is evidence of your Legal Permanent Residence (LPR) status.
You have full rights and privileges of a Permanent Resident but the card is just limited in duration. It is only valid for two years.
A Conditional Resident card is unlike a driver’s license. When your driver’s license expires you cannot drive any longer because your right to drive expires. Contrast this with the Conditional Residence card - the CR card is only evidence of your Permanent Resident status. When it expires, it doesn’t mean your status expires. However, if you don’t renew by filing for Removal of Conditions, it will eventually lead to a notice to appear (NTA) before an immigration judge and you could be put into deportation proceedings.
You need to keep your address updated as USCIS does mail you a reminder 90 days before expiration.
What type of documents should I keep from now until I have to file for removal of conditions to renew my green card two years from now?
Taxes:
You should file taxes as “married filing jointly” for the year that you got married.
Question: What if I want to file taxes as “married filing separately” to make sure I continue to keep my tax situation favorable for me? What should I do to make sure this doesn’t cause any problems? Answer: accountant's letter explaining the reason.
Examples of reasons:
One spouse has loans
One spouse had a business
Better for tax refund
Question: What can happen if I don’t file jointly and have no accountant letter. Answer: Extra scrutiny on your case that could lead to denial of your removal of conditions case.
Continue to gather as many docs in joint names. Examples:
Lease/Deed
Utilities
Cell phone/cable bill
Bank account/Credit cards
Insurance Policies (health, auto, renter’s, homeowner’s) policies listing both spouses.
Birth Certificates of Children, listing both parents.
Photos and Travel Itineraries, i.e. Photographs of you together over the years, including wedding and family gatherings; and Joint travel itineraries, tickets, or reservations.
Joint Membership in clubs, organizations, or religious institutions.
Mail or correspondence addressed to both spouses at the same address.
Joint Loans or Mortgages
Copies of wills, trusts, or beneficiary designations naming each other as beneficiaries.
Joint vehicle registrations.
Social Media and Communication Evidence
If you plan to apply for U.S. Citizenship on the 3-year anniversary of your Green Card, ensure you meet these criteria:
Continuous residence in the U.S. as a Lawful Permanent Resident (LPR) for at least 3 years
Living in a marital union with the U.S. citizen spouse for at least 3 years
Physical presence in the U.S. for at least 18 months out of the 3 years
Living within the state or USCIS district with jurisdiction over your residence for at least 3 months
Demonstrating good moral character and an understanding of English and U.S. civics
How does the timing of the 3-year Citizenship work? Can I apply before I get my Removal of Conditions decision?
Yes–In fact, it speeds up the process. It takes a minimum of 2 years to receive the removal of conditions decision. You can file N400 90 days before the 3 year anniversary of your green card. Here is an example of how it works:
Green Card valid from 01/01/2023 to 01/01/2025.
Removal of Conditions filed on 10/01/2024
Decision likely to arrive no earlier than 10/01/2026
Eligible to file for N400 on 10/01/2025
N400 interview scheduled for on or about Feb, March or April of 2026 - which is before Removal of Conditions decision.
What happens at N400 interview: First Removal of Conditions is adjudicated then the naturalization application is adjudicated.
Challenge: files are in different USCIS service centers or field offices as the I-751 and N-400 are filed in different offices. The attorney coordinates with USCIS to make sure both are there.
Should you or your loved one have any questions or need representation, please do not hesitate to call us, email us at info@khunkhunlaw.com or review other options to get in touch with us for an immigration consultation. We have represented many clients with successful results even with the most difficult set of facts.