If you marry a U.S. citizen or lawful permanent resident and move to the United States, you may receive what is called a “conditional green card. This isn’t the same as a regular green card, which lasts 10 years. Instead, it’s a temporary one that only lasts for two years. Why is this? The U.S. government wants to make sure your marriage is real and not just a way to get immigration benefits. This article will explain what a conditional green card is, why it exists, how the two-year rule works, and what you need to do to continue living in the U.S. legally after the two years are up. We’ll keep it simple, clear, and useful for anyone going through this process.
What is a conditional green card?
A conditional green card is a type of permanent residency given to people who obtain it through marriage. If you’ve been married to your U.S. citizen or permanent resident spouse for less than two years when your green card is approved, you’ll get this conditional version. It’s officially called “conditional permanent residency,” and it comes with a green card that expires after two years. For example, if you received your green card on April 1, 2023, it would expire on April 1, 2025.
During those two years, you have almost all the same rights as someone with a full 10-year green card. You can live in the U.S., work without needing a separate permit, travel in and out of the country, and even start counting time toward becoming a U.S. citizen later. The big difference is that after two years, you have to prove your marriage is real to keep your status.
Why the two-year rule exists
The U.S. government created the two-year rule in 1986 with a law called the Immigration Marriage Fraud Amendments. At the time, they were concerned that some people were getting married just to get a green card, not because they really wanted to build a life together. They thought that one in three marriages between U.S. citizens and foreigners might be fake. To prevent that, they decided that if your marriage is less than two years old when you get your green card, you’ll start with a conditional one. After two years, the government gets a second chance to verify that your marriage is real.
Think of it as a probationary period. U.S. Citizenship and Immigration Services (USCIS) uses this time to make sure you and your spouse are really together and not just pretending. It’s not about doubting every couple – it’s about catching the rare cases where someone might be trying to cheat the system.
How the two-year rule works
Let’s say you married your U.S. spouse in January 2023 and received your conditional green card in June 2023. Your marriage was only six months old when you became a permanent resident, so your green card is conditional. It’s valid until June 2025 – exactly two years from the date you received it. The expiration date is printed right on the card.
During these two years, life goes on as usual. You can get a job, rent a house, or travel. But as the two-year mark approaches, you’ll need to take action. If you don’t, your status could end and you may have to leave the U.S. The key is something called Form I-751, which we’ll talk about next.
What happens after two years?
Your conditional green card doesn’t automatically become permanent. You must petition to “remove the conditions” on your residency. This means proving to USCIS that your marriage is real and that you’re still building a life with your spouse. You do this by filing Form I-751, Petition to Remove Conditions on Residence.
Here’s the important part: you must file this form during the 90 days before your green card expires. So if your card expires on June 1, 2025, you can file Form I-751 any time between March 3, 2025 and June 1, 2025. If you file too early (before March 3), USCIS may reject it. If you file too late (after June 1), you could lose your status and face deportation. Timing is everything!
Filing Form I-751: the basics
Normally, you and your spouse file Form I-751 together – this is called “filing jointly”. You’ll need to send it to USCIS with a filing fee, which will be $750 as of March 14, 2025 (this includes a biometric fee for fingerprints and photographs). You will also need to include proof that your marriage is real. This could be things like
- Copies of joint bank statements.
- Lease or mortgage documents showing that you live together.
- Bills in both your names (such as utility or phone bills).
- Photos of the two of you together during the two years.
- Letters from friends or family saying they’ve seen you as a couple.
The more proof you can send, the better. USCIS wants to see that you’ve been living together as a married couple, not just as roommates or strangers.
Once you file Form I-751, USCIS will send you a Notice of Receipt (Form I-797C) within 4 to 6 weeks. This notice is super important-it extends the validity of your green card for 48 months while they process your case. So if your card expires in June 2025, this receipt will keep you covered until June 2029. Keep it with your expired green card as proof that you’re still legally in the U.S.
What if your marriage ends?
Sometimes things don’t work out. If your marriage ends before the two years are up – perhaps because of divorce, annulment, or the death of your spouse – you can still file Form I-751 on your own. This is called requesting a “waiver” of the joint filing requirement. You have to show that your marriage was real when it started, even if it didn’t last. Here’s how it works for different situations:
- Divorce or annulment: File Form I-751 any time after the marriage ends, with proof it was real (like joint bills or photos) and your divorce papers.
- Spouse’s Death: File any time before your green card expires, with a death certificate and proof of your life together.
- Abuse: If your spouse was abusive, you can file alone with proof of the abuse (such as police reports or medical records) and evidence that the marriage was real.
USCIS will look closely at these cases, so having strong evidence is key. If approved, you’ll get a 10-year green card without the help of your spouse.
The process after filing
After you file Form I-751, here’s what happens:
- Biometrics Appointment: USCIS will ask you to come in for fingerprints and a photograph, usually a few months after filing. This helps them verify your identity and background.
- Waiting time: Processing can take a long time – sometimes 14 to 29 months as of early 2025. That’s why the 48-month extension is so helpful.
- Interview (Maybe): USCIS may call you and your spouse for an interview to ask about your marriage. They don’t always do this – if your evidence is strong, they may skip it. If you get an interview, be honest and bring more evidence.
- Decision: If approved, you’ll get a 10-year green card in the mail. If denied, USCIS will explain why, and you may have to go to immigration court to fight deportation.
Tips for success
- File on Time: Mark your calendar for this 90-day window. Missing it can cause big problems.
- Gather evidence early: Start saving documents like bank statements or photos from the day you get your green card.
- Be honest: USCIS can detect fake marriages. Only file if your marriage is genuine.
- Get help if you need it: An immigration attorney can guide you, especially if your case is complicated (like a divorce or abuse situation).
What happens if you don’t file?
If you don’t file Form I-751 before your green card expires, your conditional residency will automatically end. USCIS will send you a notice saying you failed to remove the conditions, and they’ll start removal proceedings – meaning they’ll try to deport you. You would have to go to court and explain why you didn’t file. It’s a stressful situation, so don’t let it happen!
Special situations
- Travel: If you must leave the U.S. for more than one year while your Form I-751 is pending, apply for a re-entry permit (Form I-131) before you leave.
- Citizenship: You can apply for U.S. citizenship while your Form I-751 is pending, as long as you’ve been married to a U.S. citizen for three years and meet other requirements. This may even allow you to skip the 10-year green card step.
Why it matters
The two-year rule may feel like a hassle, but it’s there to protect the immigration system. For most couples, it’s just a step on the way to a full 10-year green card and maybe even citizenship down the road. As of March 14, 2025, USCIS is working hard to process these cases, but delays are common. That’s why they’ve extended green card validity to 48 months for people waiting on Form I-751 – to give you some breathing room.
A conditional green card is your ticket to live in the U.S., but it comes with a catch: you’ll have to prove your marriage is real after two years. By filing Form I-751 on time with good evidence, you can turn that two-year card into a 10-year card and continue building your life here. It’s a process that takes patience and planning, but thousands of spouses do it every year. If you’re one of them, stay organized, keep records, and don’t be afraid to ask for help when you need it. Your future in the USA is worth it!
Sources
- USCIS Conditional Permanent Residence – https://www.uscis.gov/green-card/after-we-grant-your-green-card/conditional-permanent-residence
- U.S. Code, Title 8, Section 1186b – https://www.law.cornell.edu/uscode/text/8/1186b
- Form I-751, Petition to Remove Conditions on Residence – https://www.uscis.gov/i-751
- USCIS Filing Fees – https://www.uscis.gov/forms/filing-fees
- USCIS I-751 Processing Updates – https://www.uscis.gov/newsroom/alerts
- USCIS Processing Times – https://egov.uscis.gov/processing-times/
- Code of Federal Regulations, 8 CFR 216.4 – https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-216/section-216.4
- Form I-131, Application for Travel Document – https://www.uscis.gov/i-131
- USCIS Citizenship Eligibility – https://www.uscis.gov/citizenship/learn-about-citizenship
