I am married to a U.S. citizen and have a temporary green card. What must I do to get a permanent one?
Answer:
Your permanent residence status is conditional if based on a marriage that was less than two years old on the day you were given permanent residence. You are given conditional resident status on the day you are admitted to the United States on an immigrant visa or you received adjustment of status.
Your resident status is still conditional because you must give evidence that you did not marry to evade the immigration laws of the United States.
All permanent resident who received the stamp during the interview will have to file for the I-751 to remove your conditional status from a "1 or 2 year" green card to a "10 year" green card. You must file 90 days before your green card expires (the 2 year conditional begins when you get your I-551 stamp).
You have received the 1 year I-551 stamp at your Adjustment of Status interview. The stamp shows the 1 year approval date. The two year conditional period begins with that date. The couple must apply together by filing the I-751 form. Be sure to apply 90 days before your second anniversary or you could lose your conditional resident status and be removed from the country. Your application forms goes to the INS Service Center that covers the state where you are currently residing.
The removal based on marriage should show proof of relationship. Thus, you will need:
* Cover letter stating the contents of your package
* INS Form I-751 - signed by both
* INS Form I-551 - copy (Permanent Resident Card)
* I-797 - approval notice fromthe original I-129 petition
* Mortgage, utility bills, airline tickets, hotels bills, etc
* Birth certficate of your child (if any)
* Passport with the K-1 visa and I-551 stamp
* 3 years income tax returns
* Bank statements, bonds, 401K, car titles/insurance, credit cards
* Letters from friends that knows you
* Life insurance or any kind of benefits showing both your names
* any letters (junk mails) address to both of you at same address
Give them all the proofs that you can provide. Whatever documents you sent the INS, always keep a copy for yourself. Then send your application to the INS Service Center that covers your state "certified with return receipt".
You can check out the INS website at http://www.uscis.gov/ for procedures & forms.
Good luck!
Wait one year and 9 months then apply to the INS.
They start deportation proceedings at 2 years so DO NOT wait the full 2 years!
Make sure that you have bank accounts, leases and electric / phone bills in both names. Kids with both names on the birth certificate is good too. That 2 year interview can be a doozy.
You will need to remove the conditions on your green card before your conditional status expires. You will need to file the I-751 to remove the conditions and will need to show that you and your spouse are still married along with supporting proof, such as jointly filed tax returns, lease, etc.
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