Conditional residence and removal of conditions

What conditional residence is

If you receive a green card based on a marriage that was less than 2 years old at the time of approval, or based on an EB-5 investor petition, your permanent residence is conditional. The conditional green card is valid for 2 years.

Before the 2-year conditional period expires, you must file to remove the conditions. If you do not file on time, you may lose your permanent resident status.

Marriage-based: Form I-751

Form I-751, Petition to Remove Conditions on Residence, is used by conditional residents who received their status through marriage.

Key rules:

• File within the 90-day window before the conditional green card expires
• File jointly with the spouse who petitioned for you, unless you qualify for a waiver of the joint-filing requirement
• Include evidence that the marriage is genuine and ongoing (joint bank accounts, lease or mortgage, children's records, affidavits, etc.)

Waiver of joint filing is available if the marriage ended in divorce, was entered in good faith, or involved abuse.

Investor-based: Form I-829

Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status, is used by conditional residents who received their status through an EB-5 investment.

Key rules:

• File within the 90-day window before the conditional green card expires
• Demonstrate that the qualifying investment was sustained and the job-creation requirements were met
• Evidence requirements differ significantly from marriage-based removal of conditions

Do not confuse I-751 and I-829 requirements. The evidence standards are entirely different.

What happens after filing

After filing I-751 or I-829:

• USCIS extends your conditional resident status while the petition is pending (you should receive a receipt notice that serves as evidence of continued status)
• USCIS may schedule an interview, though not all cases require one
• If approved, you receive a new permanent resident card without conditions

Processing times vary. Check current USCIS processing times for your form and filing location.

Dynamic items: verify with official sources

What can vary by case, post, or month

These notes come from the research module behind this guide. Use them as flags; verify official instructions for your case before relying on general guidance.

Clearly required

• timely I-751 or I-829 filing under the official USCIS rules

Conditional

• joint filing versus waiver in I-751 cases; separate derivative filings in some I-829 scenarios

Dynamic (may change)

• extension notices, filing addresses, and current edition dates

Unresolved

• do not merge marriage-based and investor-based condition-removal evidence standards