What Is Conditional Residence?
If a couple filing for Permanent Residence based on marriage has been married for less than two (2) years at the time the foreign citizen spouse enters the U.S. on an immigrant visa or obtains permanent residence through Adjustment of Status, the permanent resident status is considered “conditional.” The permanent residence status, and immigrant visa, in the case of consular processing, is “conditional” in nature and is only granted for two years. The couple is then required to take the additional step of applying together to the U.S. Citizenship and Immigration Services (US CIS) to remove the “conditions” within the 90-day window preceding the second year anniversary of the date on which the foreign spouse obtained conditional permanent resident status. The two (2) year anniversary date from which this 90-day window is calculated is indicated as the expiration date on the temporary Green Card.
