[ Marriage- Conditional Residency ]

Conditional Resident

A Conditional Resident is an alien lawfully admitted for permanent residence based on a bona fide marriage which has been in existence for less than two (2) years at the time residency is granted. This residency is granted for twenty-four (24) months (Form I-130- Immigrant Relative Petition) (Appendix "J") also need I-485 or Immigrant Visa processing. Listed below are documents required to prove bona- fide marriage.

Ninety (90) days prior to second anniversary of the initial residency approval you can apply for Removal of Conditional Residency (Form I-751- Application to Remove Conditions on Residence) (Appendix "R"). Note: Once conditional residency is granted, should the beneficiary get divorced, there is a waiver of the requirement to filing jointly to remove the condition. For example, extreme hardship, good faith marriage, yet qualifying marriage terminated (divorce) or petitioner died, or battered spouse (beneficiary).

Marriage

If your application for permanent residence is based on a marriage, you will be granted conditional residence status, unless you have been married for over two (2) years at the time immigrant status is granted (If married for over two (2) years, you are granted permanent resident status) at initial interview.

As mentioned, to remove conditional resident status you must file a joint petition (Form I-751) within 90 days of the second anniversary of receipt of conditional residence.

At the time of the initial interview with the Immigration Service the following documents will be required from the Petitioner (U.S. Citizen or Lawful Permanent Relative) and the Beneficiary:

1. Evidence showing a bona fide marital relationship;
2. Originals and copies of documents listed below unless previously submitted;
3. Identification (preferably photo identification card such as driver’s license, or passport);
4. Petitioner’s birth certificate, passport, naturalization certificate, certificate of citizenship, green card or proof to establish citizenship, or lawful permanent resident status;
5. Beneficiary’s birth certificate;
6. Social Security cards for petitioner and beneficiary;
7. Beneficiary’s passport and Form I-94 (Arrival record of proof of entry into the United States);
8. Birth Certificate of all the children who are issues of this marriage;
9. Leases on all apartments that petitioner and beneficiary have occupied with rent receipts, purchase closing statement or deed mortgage;
10. Monthly statements of: joint accounts for banking, credit card charges, telephone bill for the last three months and any documents attesting to commingled assets;
11. Vouchers for past three(3) weeks and letters from employers of petitioner and beneficiary, on employer’s letterhead, signed by an official of the firm stating date employment began, position and amount of salary;
12. Copy of federal income tax returns (Form 1040) for three (3) years signed and dated, the Form W-2 or Form 1099 must be attached;
13. Assets and liabilities if no tax returns;
14. Marriage Certificate from the civil authorities;
15. Termination of prior marriages (certified copy of divorce decree);
16. Wedding pictures and any snapshot taken of petitioner and beneficiary prior to and since the marriage;
17. Insurance policies (health, dental, life, home/apartment/car); and
18. Original or Certified Copy of arrest record (police report) indicating exactly the charge and the original or certified copy of the disposition of the court. If arrested for narcotics, arrest record must contain amount or quantity of narcotics involved in the arrest.