All lawful permanent residents who gain their residency through marriage to a U.S. are granted conditional lawful permanent residency. (*Unless you had been married for 2 years or more at the time you applied for residency.) The conditional residency expires after two years. Conditional lawful permanent residents must apply to remove the conditions on their residency during the 90 day period before their conditional residency expires. Failure to file a timely petition to remove the conditions on your residency can have dire consequences.

Under the Marriage Fraud Act, all persons whose petitions for lawful permanent residency are based on marriage to a U.S. Citizen must be issued conditional lawful permanent residency. The conditional residency that is issued is valid for a period of two years. Prior to expiration of the conditional green card the LPR and his or her spouse are required to filed a joint petition to remove the conditions on LPR's residency. The purpose of this process is to prevent or discourage fraudulent marriages that are entered into for the sole purpose of obtaining a green card.