CONDITIONAL STATUS FOR SPOUSES AND STEP-CHILDREN OF U.S. CITIZENS OR LPRS

Conditional Status for Spouses and Step-children of U.S. Citizens or LPRs

If the U.S. citizen or LPR spouse has not been married to the alien spouse for 2 years at the time the alien spouse or step-child receives permanent residence, the alien spouse/step-child will be granted conditional permanent resident status valid for two years from the date the status is granted.

An alien spouse who was granted conditional resident status upon marriage to a U.S. citizen or LPR must file Form I-751, Petition to Remove Conditions on Residence. Generally, the petition is filed jointly by the alien spouse and the US citizen spouse during the 90-day period immediately before the second anniversary of the date the alien spouse was granted conditional resident status. If Form I-751 is filed on time, the alien spouse’s conditional resident status is extended until a decision is made on the application. On the other hand, if the petition is not filed within the 90-day period, the alien spouse automatically loses permanent residence status as of that second anniversary date and the Service may begin removal proceedings against him/her.

Dependent children who acquired conditional residence concurrently with the alien spouse and who entered the United States within 90 days of the alien spouse’s arrival may petition to remove conditions in the same Form I-751 of the alien spouse. However, if dependent children acquired their conditional resident status after 90 days from the date of alien spouse’s adjustment of status, or if the conditional resident parent is deceased, the dependent children will need to file a separate Form I-751.