How to Renew a Conditional Green Card Based on Marriage

Renewing a conditional green card that was granted through marriage to a U.S. citizen or permanent resident is a crucial step for maintaining lawful permanent residency in the United States. If you are a conditional permanent resident (CPR), your green card is valid for two years, after which you must apply to remove the conditions on your residency. Failing to renew or remove these conditions in time can jeopardize your immigration status and may lead to loss of permanent residency. This guide provides a detailed overview of how to renew a conditional green card based on marriage, what documents you’ll need, and how to handle special cases such as divorce or abuse.

Understanding Conditional Green Cards

When you receive a green card through marriage and your marriage is less than two years old at the time of approval, U.S. Citizenship and Immigration Services (USCIS) issues you a conditional permanent resident card, valid for two years. The purpose of the condition is to ensure that the marriage is bona fide (genuine) and not solely for immigration benefits.

Conditional status applies to:

• Foreign nationals married to U.S. citizens or lawful permanent residents (green card holders).
• Certain dependent children of conditional residents.

To remove the conditions and become a full permanent resident, you must file Form I-751 (Petition to Remove Conditions on Residence) within a specific time frame before your conditional green card expires.

When to Renew a Conditional Green Card

You cannot renew a conditional green card in the traditional sense — instead, you must remove the conditions by filing Form I-751. This petition should be submitted within the 90-day window before your conditional green card expires.

Example Timeline

If your conditional green card expires on December 31, 2025, you can file Form I-751 anytime between October 2, 2025, and December 31, 2025. Filing before or after this window can cause delays or even lead to denial unless you have a valid reason (such as exceptional circumstances).

If approved, USCIS will issue you a 10-year permanent green card without conditions.

What Happens if You Miss the Filing Deadline

If you fail to file Form I-751 before your card expires, your conditional resident status automatically terminates. You could be placed in removal (deportation) proceedings. However, USCIS may still accept a late filing if you can show “good cause and extenuating circumstances.”

Examples of acceptable reasons include:

• Serious illness or hospitalization.
• Death or incapacitation of a spouse.
• Natural disasters or other unforeseen events.

You must include a written explanation and evidence supporting your reason for late filing.

How to File Form I-751

Filing Form I-751 correctly and with strong supporting documentation is the key to successfully renewing your conditional green card.

Step 1: Determine the Filing Type

You can file:

1. Jointly with your spouse (the most common case).
2. Individually (waiver request) — if you are divorced, widowed, abused, or if your spouse refuses to cooperate.

Step 2: Complete the Form

You can file Form I-751 either online through your USCIS account or by mail. The form requires personal details, biographic information, marriage history, and immigration status information for both you and your spouse.

Step 3: Gather Supporting Evidence

Strong documentation is essential to prove that your marriage was entered in good faith. USCIS will deny your petition if it suspects the marriage was fraudulent.

Documents may include:

• Joint bank account statements.
• Mortgage or lease agreements showing both names.
• Joint insurance policies (health, car, or life).
• Utility bills addressed to both spouses.
• Birth certificates of children born during the marriage.
• Photos together at family events, holidays, or vacations.
• Affidavits from friends or family confirming your genuine relationship.

Include copies, not originals, unless otherwise requested by USCIS.

Step 4: Pay the Filing Fee

As of 2025, the filing fee for Form I-751 is $595, plus a $85 biometric services fee (total $680). Payment can be made via check, money order, or credit card (Form G-1450).

Step 5: Submit the Application

Mail your completed packet to the USCIS lockbox corresponding to your residence state. You can find the correct address on the USCIS I-751 direct filing page.

If you file online, upload digital copies of all documents and make electronic payment.

After Filing Form I-751

Once your application is submitted, USCIS will send several notifications:

1. Form I-797C, Notice of Action (Receipt Notice): Confirms USCIS has received your petition and automatically extends your conditional green card for 48 months beyond the expiration date. This notice serves as proof of your continued lawful status and can be used for employment and travel.
2. Biometrics Appointment Notice: You’ll be required to attend a fingerprinting appointment at your local Application Support Center (ASC).
3. Request for Evidence (RFE): If USCIS needs additional documentation, they will issue an RFE. Respond promptly to avoid delays.
4. Interview (if required): In some cases, USCIS will schedule an interview to verify the authenticity of your marriage.

After review, USCIS will issue a decision. If approved, you’ll receive a 10-year permanent resident card in the mail.

How Long the Process Takes

Processing times vary based on USCIS workload and location, but most Form I-751 petitions take 12–24 months to process. You can check current estimates on the USCIS Processing Times page.

Because of the automatic 48-month extension, your status remains valid while USCIS reviews your case.

Traveling While Your I-751 Is Pending

Conditional residents can travel internationally while Form I-751 is pending, provided they have:

• Their expired green card, and
• The I-797C receipt notice extending status.

Together, these documents allow re-entry to the United States. However, if you are in the middle of a complicated case (such as divorce or abuse), it’s best to consult an immigration attorney before traveling.

Filing Form I-751 After Divorce or Separation

If your marriage ends before you file Form I-751, you can still apply individually by requesting a waiver of the joint filing requirement. You must show that your marriage was genuine but ended for reasons beyond your control.

You can apply for one of the following waivers:

1. Divorce waiver — You were married in good faith, but the marriage ended in divorce or annulment.
2. Death of spouse waiver — Your spouse passed away during the conditional period.
3. Battery or extreme cruelty waiver — You were abused or subjected to cruelty by your U.S. spouse.
4. Extreme hardship waiver — You would suffer extreme hardship if removed from the U.S.

Each waiver type requires supporting evidence. For instance, a divorce waiver should include the final divorce decree, while an abuse waiver should include police reports, medical records, or affidavits from counselors or friends.

Conditional Green Card Renewal After Spouse’s Death

If your U.S. citizen or permanent resident spouse passes away before the conditions are removed, you may still file Form I-751 on your own. You’ll need to provide:

• Your spouse’s death certificate.
• Evidence of a genuine marriage.
• Proof that you lived together before your spouse’s death.

USCIS generally grants leniency in such cases if the marriage was legitimate.

Handling Abuse or Domestic Violence Cases

If you experienced abuse or extreme cruelty, you can apply for a waiver without your spouse’s involvement. This allows victims to protect their immigration status independently.

Supporting documents might include:

• Protective orders.
• Police or medical reports.
• Testimony from social workers or counselors.
• Affidavits from friends or relatives who witnessed the abuse.

Applicants in these situations may also qualify for protection under the Violence Against Women Act (VAWA), which provides additional immigration relief for abused spouses.

USCIS Interview Process

USCIS may schedule an interview to verify the authenticity of your marriage and assess the legitimacy of your I-751 petition. Interviews are not always required — many cases are approved based solely on documents.

If you are called for an interview:

• Both spouses should attend if filing jointly.
• Bring originals of all submitted documents.
• Expect questions about your relationship history, living arrangements, and daily routines.

For waiver cases (divorce, abuse, or death), the interview is usually conducted individually.

Common Reasons for I-751 Denial

Form I-751 can be denied for several reasons:

• Insufficient evidence of a genuine marriage.
• Failure to attend biometrics or interviews.
• Missing documents or incomplete form.
• Suspected marriage fraud.
• Late filing without valid reason.

If denied, your conditional resident status is terminated, and you may be placed in removal proceedings. However, you will have the opportunity to present your case before an immigration judge.

Appealing or Refiling After Denial

If your Form I-751 is denied, you cannot directly appeal, but you can request a motion to reopen or reconsider using Form I-290B. Alternatively, you can refile with stronger evidence if permitted.

During removal proceedings, you can ask the immigration judge to review your petition independently, especially if you have solid proof of a genuine marriage.

Renewing the 10-Year Green Card After I-751 Approval

Once USCIS approves your I-751 petition, you’ll receive a 10-year permanent green card. This card can be renewed every decade using Form I-90 (Application to Replace Permanent Resident Card). The renewal process for a 10-year green card is straightforward compared to the conditional removal stage.

Maintaining Permanent Residency After Removing Conditions

After your conditional status is removed, you have the same rights and responsibilities as any permanent resident. To maintain your green card:

• Do not remain outside the U.S. for more than 6–12 months continuously.
• File U.S. taxes as a resident.
• Carry your green card at all times.
• Renew it before it expires.
• Avoid criminal offenses that could lead to deportation.

After maintaining permanent residency for three years (if married to a U.S. citizen) or five years (if not), you can apply for U.S. citizenship through naturalization using Form N-400.

Tips for a Successful Conditional Green Card Renewal

1. File within the correct window. Missing deadlines is the most common cause of problems.
2. Submit extensive evidence. The more documentation proving your genuine marriage, the better.
3. Keep copies of everything. Retain duplicates of your entire application package.
4. Track your case online. Use your USCIS receipt number to monitor progress.
5. Respond quickly to RFEs. Delays in responding can result in denial.
6. Consult an attorney for complex cases. If you’re divorced, widowed, or facing allegations of fraud, professional help is essential.

Conclusion

Renewing your conditional green card based on marriage is not merely a procedural step — it’s proof of your ongoing commitment and eligibility for permanent residency in the United States. By filing Form I-751 correctly, on time, and with ample documentation, you can smoothly transition from conditional to permanent resident status and continue your journey toward U.S. citizenship.

Always rely on official information from the USCIS I-751 page for the latest updates on filing fees, forms, and processing times. If your situation involves divorce, abuse, or complex evidence requirements, consulting a qualified immigration attorney can make the difference between approval and denial.