The filing that converts two-year conditional residence into full permanent residence.
Joint filing versus waiver categories
Most conditional residents file jointly with their spouse, presenting continued evidence of the marriage. Where that is not possible, several waiver categories allow an individual filing without the other spouse's participation.
- Joint filing: both spouses file together, generally the standard route for marriages that remain intact.
- Divorce waiver: available when the marriage ended in divorce or annulment, requiring evidence the marriage was entered into in good faith.
- Death waiver: available when the citizen or resident spouse has died.
- Hardship or abuse waivers: available in defined circumstances involving extreme hardship or battery or extreme cruelty by the spouse.
Evidence for the filing
The filing should demonstrate continuity: that the relationship the original petition described has continued to exist, or, in a waiver case, that the marriage was genuine when entered into regardless of how it later ended.
- Updated joint financial records covering the conditional period, not just the original filing period.
- Evidence of continued shared residence, or an explanation supported by documentation if living arrangements changed.
- Birth certificates of children born during the marriage, where applicable.
- For waiver cases, evidence addressing the specific ground claimed, such as divorce decrees, a death certificate, or documentation supporting a hardship or abuse claim.
Filing when a divorce is in progress
A pending, not-yet-final divorce complicates a joint filing, since the joint category generally requires that the marriage remain legally intact at filing. Depending on timing, the case may need to proceed under the divorce waiver category once the divorce is final, or the filing strategy may need to be adjusted, which is worth reviewing individually.
After filing
Conditional status is generally extended automatically for a period while the filing is pending. Some cases are approved without an interview based on the paper record; others are scheduled for an interview, particularly where the file raises questions or involves a waiver category.
Answers
Frequently asked questions
- Can I file without my spouse if we are separated but not divorced?
- A joint filing generally requires the marriage to still be legally intact, so separation alone does not necessarily prevent a joint filing, but the case should be reviewed to determine whether a waiver category is more appropriate given the circumstances.
- Will I lose my status if my divorce finalizes while this filing is pending?
- A finalized divorce during a pending joint filing typically requires converting the case to the divorce waiver category rather than causing an automatic loss of status, though this should be addressed promptly with updated evidence once the divorce is final.
- Do I need to prove the marriage is still happy, or just that it is real?
- The standard concerns whether the marriage was and generally remains, genuine, not whether it meets any particular standard of happiness or conventional structure. Evidence should reflect the couple's actual life together.
- What happens if this filing is denied?
- A denial of a petition to remove conditions generally results in termination of status and can lead to removal proceedings, where the matter can still be reviewed before an immigration judge. This underscores why the filing should be prepared carefully the first time.
Official sources
Consult the official sources above for current rules and procedures.