If an alien received a two year conditional permanent resident card because his or her marriage to the U.S. citizen spouse occurred within two years of the date the alien was granted permanent resident status, the alien and his or her spouse must file a jointly signed I-751 Petition to Remove the Conditions of Residence with the United States Citizenship and Immigration Services (USCIS). If granted, the alien will receive a ten year permanent resident card.
If the petition will be filed jointly by both spouses, then it must be filed within 90 days of the two year anniversary date the alien was granted conditional permanent resident status.
If the alien and US citizen spouse separate or divorce, the alien can apply for a waiver of the joint filing requirement. If the waiver is granted, the alien will receive the 10 year permanent resident card.
If you have a two year conditional resident card and need assistance with filing the I-751 Petition jointly or requesting a waiver of the joint filing requirement, contact the Law Offices of Raul Ray at (408) 279-5793.