You will get conditional permanent residence valid for 2 years if it is based on a marriage that was less than 2 years old on the day you were given permanent residence (on the day you were lawfully admitted to the US on an immigrant visa or received adjustment of status). The notation CR-1 in your passport stamp indicates that you are a conditional resident. You must prove that you did not get married to evade the immigration laws of the US.

A CR1 conditional resident has the same rights and responsibilities as a permanent resident. You can count your time as conditional resident towards the time for being eligible for US citizenship.

When you obtain conditional residence status, the USCIS will notify you of the conditional basis of your status, the requirements for removal of the conditions and what will happen if you fail to file a petition to remove the conditions. You will not get any other reminder when it is time to actually file the petition.

Usually, you and your spouse must apply together during the 90 days before your second anniversary as a conditional resident (not second marriage anniversary) to remove conditions on your residence. If you don't apply to remove the conditions in time, you could lose your conditional resident status and be put in removal proceedings.

If you file your application too soon, that is, earlier than 90 days before your conditional residence expires, application will be sent back to you. Remember that you need to file up to 90 days in advance, and 90 days is always not the same as 3 months. If you are late only by few days for few weeks, mail the application with a cover letter, explaining the delay.

If you are no longer married to your sponsor spouse, or if you have been battered or abused by your spouse, you can apply to waive the joint filing requirement. In such cases, you may apply to remove the conditions on your permanent residence any time after you become a conditional resident, but before you are removed from the US.

Your children may be included in your application if they got their conditional resident status at the same time that you did or within 90 days. Your child must file a separate application if your child received conditional resident status more than 90 days after you did.

If you file your USCIS Form I-751 on time, the USCIS will extend your conditional resident status for up to 12 months while your petition is under review.

The Form I-751 can be filed regardless of whether you are physically present in the US at the time you file. However, you must return to the US with your spouse and your children in order to comply with the interview requirement.

• Cover letter
  
  Sample letter
  
  
• Form I-751, Petition to Remove the Conditions on Residence
  
  Sample I751
  
  
• Copy of USCIS Form I-551 (Permanent Resident Card)
  You must include it for you and for any of your conditional resident children you are filing in your petition. Submit copies of both front and back sides of the card.
  
  
• 2 identical photographs
  
  
• Application fee must be sent with the application.
  There is no biometric fee.
  
  Fee details
  
  
• Evidence that you did not get married to evade the immigration laws of the US
  
  Bona fide marriage documentation
  
  The documents should cover the period from the date you received the conditional green card to the filing of this petition.
  
  You may also submit affidavits sworn to or affirmed by at least 2 people (who are either US citizen or lawful permanent resident) who have known both of you since your conditional residence was granted have personal knowledge of your marriage and relationship. (Such persons may be required to testify before an immigration officer as to the information contained in the affidavit.) The original affidavit must be submitted and also contain the following information regarding the person making the affidavit: his or her full name and address; date and place of birth; relationship to you and your spouse, if any; and full information and complete details explaining how the person acquired his or her knowledge. Signature must be notarized. Affidavits must be supported by other types of evidence listed above.
  
  Sample letters
  
  
• Circumstances specific
  • Filing a joint application with your spouse
    • Form I-751 must be signed by both you and your spouse
    
    
  • You are a widow(er)
    • Copy of your spouse's death certificate
      
      
  • Your marriage was terminated other than by the death of your spouse
    • Evidence that you entered in the marriage in good faith
      
      
    • Copy of your divorce or annulment decree
      
      If you are in divorce proceedings, but not yet divorced, you may not apply for a waiver of the requirement to file a joint petition, based on the "good faith" exception.
      
      
    • Evidence that you were not at fault in failing to file the petition on time, if applicable.
    
    
  • You or your child were battered or subjected to extreme mental cruelty by your spouse
    • Evidence that you entered in the marriage in good faith
      
      
    • Expert testimony proving that you or your child were battered or subjected to extreme mental cruelty. Examples of such testimony includes, but is not limited to:
      • Evidence of the physical abuse, such as copies of reports or official records issued by police, judges, medical personnel, school officials and representatives of social service agencies, and original affidavits as described above; or
        
        
      • Evidence of the abuse, such as copies of reports or official records issued by police, courts, medical personnel, school officials, clergy, social workers and other social service agency personnel. You may also submit any legal documents relating to an order of protection against the abuser or relating to any legal steps you may have taken to end the abuse. You may also submit evidence that you sought safe haven in a battered women's shelter or similar refuge, as well photographs evidencing your injuries.
        
        
      • Copy of your divorce decree if your marriage was terminated because of physical abuse or mental cruelty.
        
        
    • Evidence that you were not at fault in failing to file the petition on time, if applicable.
      
      
    If you are a victim of domestic abuse, you can find help through the National Domestic Violence Hotline at 800-799-7233 or 800-787-3224 (for hearing impaired). Help is available in Spanish and other languages.
    
    The Violence Against Women Act allows abused spouses and children of US citizens and LPRs to "self petition", or file their own petition to become a lawful permanent resident.
    
    
  • You are filing for a waiver of the joint filing requirement because the termination of your status and removal would result in "extreme hardship"
    • Evidence that the termination of your conditional resident status and your removal from the country will cause you extreme hardship, includes but is not limited to the following:
      • USCIS Form I-751 (Petition to Remove the Conditions on Residence)
        
        
      • Copy of USCIS Form I551 (Permanent Resident Card)
        
        
      • Evidence that your deportation would cause greater hardship than the hardships created when other aliens are removed from the United States.
        The evidence must be related only to those factors that arose since you became a conditional resident.
        
        
    However you should note that in evaluating the claim that your removal from the United States will cause you extreme hardship, the Service will only consider factors which arose after the date you obtained your conditional permanent residence.
    
    
  • You are a child filing separately from your parents
    • A written explanation of why you are filing separately from your parents, and any supporting documentation.
      
      

Application filing instructions

If you live in the US, file the application at appropriate USCIS service center.

If you or your spouse are currently serving with or employed by the US Government, either in a civilian or military capacity and assigned outside the US, mail your petition to the USCIS Service Center having jurisdiction over your residence of record in the US. Include a copy of the US Government orders assigning you and your spouse abroad.

Filing jointly. If you are filing this petition jointly with your spouse, you must file it during the 90 days immediately before the second anniversary of the date you were granted conditional resident status. This is the date your conditional residence expires.

However, if you and your spouse are outside the US on order of the US Government during the period in which the petition must be filed, you may file it within 90 days of your return to the US.

Filing with a request that the joint filing requirement be waived. You may file this petition at any time after you are granted conditional resident status and before you are removed.

Effect of not filing. If this petition is not filed, you will automatically lose your permanent resident status as of the second anniversary of the date on which you were granted conditional status. You will then become removable from the US. You will receive a notice from the USCIS telling you that you have failed to remove the conditions, and you will also receive a Notice to Appear at a hearing. At the hearing you may review and rebut the evidence against you. You are responsible for proving that you complied with the requirements. The USCIS is not responsible for proving that you did not comply with the requirements.

If your failure to file was through no fault of your own, you may file your petition late with a written explanation and request that USCIS excuse the late filing. Failure to file before the expiration date may be excused if you demonstrate when you submit the application that the delay was due to extraordinary circumstances beyond your control and that the length of the delay was reasonable. The director of the USCIS Service Center has the discretion to approve the petition and restore your permanent resident status.

Few weeks after USCIS receives your complete application, it will send you a receipt noticed called I-797C, Notice of Action. It is a very important document. It extends your residency for another 1 year while the application is pending. It is your only proof of legal status until the application gets approved and can be used for employment, travel and other purposes. You must also carry your expired green card at the same time as it has your photo on it.

Before you travel internationally, it is advisable to visit your local USCIS office and get I-551 stamp in your passport. Bring your unexpired passport, expired green card, and your receipt notice. USCIS will take your green card, and they will stamp I-551 in your passport. This stamp will serve as evidence of your status, and will be valid for another 1 year. If your receipt notice expires before your application gets approved, you can get I-551 stamp as well.

Director of the district office that serves the area where you live will review the petition to determine whether an interview is required. If the director is satisfied based on the written petition that your marriage was not entered into in order to obtain immigration benefits, he/she may waive the interview requirement and approve the petition. Otherwise, you and your spouse will be scheduled for an interview.

Fraud interview details

If your interview is waived, you will receive the approval notice in the mail. Take your approval notice to local USCIS office and get I-551 stamp in your passport for permanent residency.

If your interview is successful, you will get I-551 stamp in your passport for permanent residency.

Either way, actual plastic card will arrive in mail within next few months.

If your application is denied, you will be placed in removal proceedings unless you can obtain an alternate legal status. If you are place in removal proceedings, hire an attorney if you already haven't. Don't skip a court date. Failure to appear results in an automatic order of deportation and could permanently ruin your chances of immigrating. If the immigration judge decides to remove you from the country, you may appeal this decision within 33 days after that decision is made. After your appeal form and a required fee are processed, the appeal will be referred to the Board of Immigration Appeals in Washington, D.C.

If you are married to your US citizen spouse, and still living together, you will be eligible for naturalization if you you have established the 3 year residency requirement. If I-751 is still pending, USCIS will not approve your naturalization application until the I-751 is approved.