Under U.S. immigration law, most people who qualify to immigrate follow a step-by-step progression: They go from having no status (or perhaps a temporary status based on a nonimmigrant visa) to permanent residence (a green card) to perhaps eventually earning the highest immigration status possible, namely U.S. citizenship.
Somewhere in the middle, however, is an unusual status given to only a few categories of people, called "conditional residence." It's much like permanent residence, except that it expires in two years, as an intended testing period. If all goes well, the conditions will be "removed" and the applicant will receive full lawful permanent residence (a U.S. green card).
Only Some Marriage-Based Applicants for Green Cards Receive Conditional Residence
There's only one category of family-based green card that requires this period of conditional residence: the spousal green card, and then only in cases where the marriage was less than two years old at the time of being granted U.S. residence.
As a practical matter, this often means that only spouses of U.S. citizens become conditional residents, because spouses of U.S. permanent residents often wait more than two years (sometimes up to five years) for a visa to become available. That's owing to annual limits on visas in this category. Spouses of permanent residents must wait for their "priority date" to become current according to the U.S. State Department's Visa Bulletin.
The mandated conditional period also applies to any children who were included in the immigrant spouse's application for a green card. Let's take a closer look here.
Why U.S. Law Requires a Period of Conditional Residence Only for Marriage-Based Green Card Applications
By the time the husbands or wives of U.S. citizens receive conditional residence in the United States, they have gone through much the same process as anyone else who applied for permanent residence based on family:
- To start, the U.S. citizen has submitted a petition on the would-be immigrant's behalf using USCIS's Form I-130.
- Then, the immigrant has followed up by submitting forms and documents to U.S. immigration authorities, as well as taken a medical exam and attended an interview at either a U.S. embassy or consulate abroad ("consular processing") or at an office of USCIS in the United States ("adjustment of status").
That's the end of the process for spouses who have already been married for a minimum of two years at the time that either their adjustment of status application gets approved or (after consular processing) they enter the United States with their new immigrant visa. They receive permanent, not conditional residence. Why is that?
Basically, when Congress passed the immigration law relating to foreign spouses, it was quite concerned about marriage fraud: that is, weddings held for the primary purpose of getting the foreign-born spouse a U.S. green card. Congress figured that, given the difficulties of maintaining a fake marriage (in which one is expected to live together, share finances, and basically act like a family unit), any couple who has made it to two years is of less concern. Congress decided that those couples whose marriages haven't hit that two-year mark when they first applied, however, needed to be given a second look. Thus, these immigrant spouses are granted only conditional residence at first.
In terms of day-to-day allowable activities, conditional residence isn't much different than permanent residence. The immigrant has the same rights to work and travel as a permanent resident does, and the two years will ultimately count toward eligibility for naturalized U.S. citizenship.
Why Some Immigrating Children Must Also Go Through Conditional Residence
If an immigrating spouse who receives conditional residence has minor, unmarried children whom the U.S. citizen also petitioned for (as stepchildren), then the children, too, would be given conditional residence.
The reason is fairly simple: It wouldn't make sense to refuse to grant immediate permanent U.S. residence to the primary immigrant but allow it to their children. Typically, the immigrant parent and children will, after their two years in the U.S. as conditional residents, file together to make their residence permanent.
There are, however, situations in which the child might need or want to apply separately from the immigrating parent; for example, if the parent decides not to go forward with this application or if the couple divorces. See a lawyer for help with complex situations like this.
How Conditional Residents Can Convert to Permanent Residents at the End of Two Years
Near the end of the two-year conditional residence period, the immigrant and spouse must submit a jointly signed Form I-751 to U.S. Citizenship and Immigration Services (USCIS), with supporting documents, to prove that the marriage is ongoing and bona fide.
Timing of Filing for U.S. Lawful Permanent Residence
Do not wait until a full two years have passed to take action on your conditional residence card's expiration date! Take a look at that date (it's on the card) and count back 90 days from when it expires. That's the beginning of the 90-day period during which you need to submit your application to "remove" the conditions on your residence to USCIS.
If you miss that deadline by a few days, go ahead and send the I-751 form in anyway, with a letter explaining what happened. Ideally, you will want to describe something beyond your control, such as an unexpected medical emergency (in which case adding a doctor's letter would help) or a natural disaster affecting your area. It would be best to consult with an attorney for any longer delays, although exceptions are possible.
Where to Get USCIS Form I-751
The main application form, which you and your U.S. spouse will (ideally) need to submit together, is USCIS Form I-751. It's available as a free download from the USCIS website.
You will, however, need to pay a fee to submit it (with the exception of applicants seeking an abuse-based waiver). Check USCIS's fee schedule for the latest fee amount. Payment can be made by either credit card or bank transfer. (Paying by check or money order is no longer an option.)
Tips on Filling in Form I-751
Most of the information that Form I-751 asks for is straightforward. These tips refer to the version of the form that USCIS issued on 04/01/2024 (still in use in early 2026).
The immigrant fills out the first part of the form, with basic biographical information. Your "A-Number" is on your conditional resident card. If you don't have a "USCIS Online Account Number," don't worry about it. (You would only have one if you filed certain sorts of immigration applications in the past.)
If you don't check "married" under "Marital Status," then you cannot file this petition jointly with your spouse. You should, in that case, look into whether one of the waivers of the joint filing requirement (mentioned above) might allow you to remain in the United States. It would be best to get a lawyer's help with this.
Pay close attention to the "Additional Information About You" section, which also refers to the immigrant. If you have been placed into removal, deportation, or rescission proceedings in immigration court, see a lawyer; you still can (and should) file this form, but the process going forward could get complicated.
If you have been arrested or had other run-ins with law enforcement, definitely consult an immigration lawyer as well as a criminal lawyer; you could find yourself in deportation proceedings soon. And if you have gotten married to someone else than the person who helped you get conditional residence, this petition is not going to work. Again, see an attorney.
Part 3 describes the "Basis for Petition." We're going to assume you will check box 1.a, for a joint filing with a spouse.
Part 4 is mostly for information about the U.S. citizen half of the couple, though the first question asks about the immigrant's relationship to that person.
Part 5 is for listing ALL the immigrant's children, regardless of their immigration status in the United States. Children who received conditional residence along with the immigrant will not need to file separate Forms I-751 to become permanent residents; being named on the parent's form is enough (provided you check the box for "applying with you").
Part 7 is for the immigrant (here, called the "Petitioner") to fill out and sign.
Part 8 is for the U.S. citizen spouse (or stepparent) to fill out and sign.
If an interpreter helped you, they must fill out and sign Part 9. If a lawyer, paralegal, or other document preparer helped you, they must fill out and sign Part 10.
What Supporting Documents to Include With Form I-751
Along with your application form, you will need to submit for a joint petition with your U.S. spouse:
- a photocopy of the front and back sides of your conditional resident card, as well as of the cards of any children who received conditional residence at the same time
- evidence (photocopied is fine) that the marriage is ongoing and bona fide (not a fraud to get a green card), such as copies of birth certificates of any children born to the two of you, of your lease or home mortgage showing that you live in the same place, of joint bank accounts, credit card bills, jointly held medical, auto, or home insurance policies, other financial statements, and so on. Do not send things you already submitted; focus on new material from the two years since your approval for conditional residency.
Members of the military have slightly different document requirements; see USCIS's instructions for filling out the Form I-751.
Submitting Form I-751 to USCIS
You can submit either online or by mail. If submitting by mail, make a complete copy of all your forms and documents first, then mail it to USCIS at the address shown on its website. Choosing a service that offers tracking and/or a return receipt is safest.
What Happens After Submitting Form I-751 to USCIS
Once USCIS receives your I-751, it will review it for completeness and either send you a request for additional evidence or materials (such as fees) or send you a receipt notice saying your application is in processing.
Take good care of this receipt notice. It's your evidence of lawful status in the United States while you wait. The wait could be a long one (many months is common). Be sure to check your case status on the USCIS website, as well as compare your experience to the agency's average processing times. The good news is that the immigrant is considered to be lawfully within the United States in the meantime, while USCIS is making its decision.
USCIS might call you and your spouse in for an interview, but doesn't often do so. It will, however, schedule you for a biometrics appointment at some point during your wait.
Some Conditional Residents Can File Form I-751 Solo
If something goes wrong and the marriage ends, or the U.S. spouse won't cooperate in preparing and signing the I-751, there are some legal alternatives. The immigrant can submit a I-751 on their own, along with a request for a waiver of the joint filing requirement based on divorce (following a good faith marriage), abuse, the U.S. spouse's death, or some form of extreme hardship.
You don't need to worry about the 90-day period if you are requesting a waiver. You can submit your I-751 application early, or in some cases late. But if your waiver request is based on divorce, you are expected to until the divorce is final.
Also, in addition to or in place of some of the documents described above, anyone applying for a waiver needs to supply different sorts of documents proving that they qualify for it. If, for example, the waiver is based on a spouse's death, then a copy of the death certificate should be included. If it's based on abuse, you'll need to supply such proof as doctor's and police reports and a letter from any shelter you took refuge in.
Do You Need a Lawyer's Help With the I-751 Application?
Form I-751 is reasonably straightforward. It can be filled out without legal help if you are organized and understand what documents will best prove that your marriage is bona fide.
For any complicating circumstances, however; for example, if you are living apart, have been arrested, or have begun divorce proceedings or otherwise need a waiver of the joint filing requirement; it's wise to consult an experienced immigration attorney.