If you are a conditional resident, you need to file Form I-751, Petition to Remove Conditions of Residence, to get a permanent resident card. File Form I-751 when there are 90 days or less remaining for your conditional card to expire.
The marriage-based conditional green card is valid only for two years. So, removal of conditions is necessary to get a green card which is valid for 10 years.
A marriage-based conditional green card is issued as a means to check marriage fraud. When you file the petition to remove conditions, the information you need to provide is to help determine if yours is a genuine marriage or one of convenience, just to get a green card.
If your marriage has ended by the time you have to file to remove conditions on your green card, you can still do so. You will have to prove that your marriage was genuine and entered into in good faith.
If you are still married at the time of petitioning for the removal of conditions, you need to file Form I-751 along with your spouse.
If you and your child received conditional residence at the same time or within 90 days of each other, then you can include your child in your I-751 petition.
File the petition with the USCIS along with a filing fee of $595 and the biometric fee of $85 per person for each person included in the petition.
Once the USCIS accepts your petition for processing, you will receive an application receipt notice. This receipt notice, also called Form I-797, can be used as proof of your permanent residence even if your conditional green card expires while your application is being processed. Form I-797 automatically extends your status for 24 months. The receipt notice and your green card need to be produced together whenever proof is required that you are a conditional resident. If your application is still pending after 24 months, you can contact USCIS to request a further extension.
You will receive a notice about your biometric appointment, including the time, date, and location.
The USCIS may request you to appear for an interview. If so, they will send you an appointment notice for the same with all the details.
The processing time of Form I-751 varies depending on where you file your petition. You can check the USCIS website to find out the current processing times.
If your application is approved, you will receive a 10-year green card. You are now a permanent resident and your status will not expire.
You can renew your green card every 10 years or you can apply for citizenship when you meet the eligibility requirements.
If the USCIS denies your petition, you will receive the explanation for the denial through the mail. The USCIS may also send you a Notice to Appear (NTA), and you will have to appear before an immigration judge for removal proceedings. At the appearance, you can request the immigration judge to review your petition.
In case the judge puts you in removal proceedings, you have 30 days to appeal the decision.