If a foreign national obtains permanent resident status through marriage, and they have not been married for at least two years at the time they obtained permeant resident status, the permanent residence is conditional for two years. Conditional permanent residents have the same rights to live and work in the United States as other permanent residents.

Within the 90-day period prior to the two-year anniversary of obtaining conditional permanent residence, a conditional permanent resident must file a petition to remove the conditional basis of the permanent residence. Failure to timely file this petition will lead to the permanent residence being terminated and could result in the initiation of removal proceedings. Late filings may be accepted by U.S. Citizenship and Immigration Services (“USCIS”), if the alien is able to establish “good cause and extenuating circumstances” for failure to timely file the petition.

In a typical case, the petition must be jointly filed by the conditional permanent resident and their spouse. In order for the petition to be approved, USCIS must find evidence that the marriage was not entered into for the sole purpose of the alien procuring permanent resident status, but instead was entered into in good faith. Evidence of a good faith marriage may include, but is not limited to:

• Birth certificates for children of the relationship;
• Joint tax returns;
• Evidence of joint bank accounts or credit cards;
• Joint leases or mortgages;
• Joint utility bills;
• Life/health insurance naming the other spouse as a beneficiary/covered person; and
• Affidavits from friends, family members, and neighbors.