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Removing conditions from marriage-based permanent resident status 

On Behalf of | Jun 20, 2025 | Immigration Law

If you immigrate to the United States, one way to become a permanent resident is to get married to someone who is a U.S. citizen. This can be a path toward getting a green card, as your marriage indicates that you will likely want to stay in the United States long-term. Your initial visa may only have been good for a short period of time.

However, even if you get permanent resident status through a marriage, it’s important to know that this is a conditional status. It remains that way for the next two years. At that point, you can file the proper paperwork to petition to have the conditions removed.

Are you still married to the same person?

When looking at the eligibility criteria, the main thing to consider is whether you are still married to the same citizen that you married originally. If the marriage has lasted for two years, then you can file Form I-751.

In some cases, children may also be permanent residents based on their parents’ marriage. They can likewise use Form I-751 if their parents are still married.

What if the marriage ended?

Even if the marriage ended in the last two years, you still may be able to ask for the conditions to be lifted. For instance, perhaps your marriage was annulled or ended through a legitimate divorce. Perhaps the permanent resident that you married passed away.

The main thing that the government is looking for is that you got married in good faith. For instance, if you were subjected to abuse or cruelty in your marriage, then you may not lose your permanent resident status just because your relationship has ended. You can show that you did get married in good faith, but had to end the relationship after the fact.

These steps can be complicated, and your future hangs in the balance, so be sure you know what legal options you have.