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FAMILY-BASED · 04

Marriage-Based Conditional Residence and Removal of Conditions (I-751)

Why a green card obtained when the marriage is less than two years old is “conditional,” when to file I-751, and what the card’s expiration means.

English translation of this site's original Chinese explainer · 2 official sources · read 2026-10-10 UTC · not legal advice

01

What Is a Conditional Permanent Resident?

If your permanent resident status is based on marriage and you have been married for less than 2 years on the day you obtain that status, you receive conditional permanent resident status, which may be obtained upon entry with an immigrant visa or through adjustment of status within the United States. A conditional green card is valid for two years and cannot be renewed.

Conditional status is not unique to marriage: EB-5 investors (for example, those under code RR6 on this website) also receive conditional permanent resident status, but they use I-829 rather than I-751 to remove conditions.

Sources for this section · 2

02

When to File I-751

When filing jointly with a U.S. citizen or permanent resident spouse (or stepparent), you must file I-751 within the 90 days before your green card expires. If your conditional resident children obtained status at the same time as you or within 90 days, they may be included in your petition; otherwise, they must file separately.

If you cannot file jointly, you may request a waiver of the joint filing requirement under the circumstances listed in official guidance (for example, a good-faith marriage in which you were abused by your spouse). A waiver petition may be filed before or after the 90-day window, up until a final order of removal is issued.

Sources for this section · 1

03

Card Expiration ≠ Automatic Termination of Status

What actually determines your status is whether I-751 is filed as required and approved, rather than the date on the card itself. Official guidance states that if you do not properly file within the 90-day window before expiration, your conditional resident status automatically terminates; you will also lose permanent resident status if the conditions are not removed.

Conversely, after you properly file I-751, the USCIS receipt notice extends the validity of your conditional green card (the official page specifies 48 months after the card’s expiration), serving as evidence of your status while you wait. The specific terms of the receipt notice control.

Sources for this section · 2

Frequently asked questions

Can a Conditional Green Card Be Renewed?

No. You must apply to remove conditions through I-751.

Can I Still Remove Conditions If I Am Divorced?

Official guidance allows a waiver of the joint filing requirement under certain circumstances. Refer to the USCIS page for the specific requirements.

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Related articles

All official sources

  • USCIS · Removing Conditions on Permanent Residence Based on MarriageSupports: A person who obtains status when the marriage is less than 2 years old is a conditional resident; joint-filing deadline; waiver circumstances; automatic termination for failure to file on time; the receipt extends the card's validity.Official update 2023-12-12 · read 2026-10-10 UTC
  • USCIS · Conditional Permanent ResidenceSupports: Conditional green cards are valid for two years; a petition must be filed within the 90 days before expiration; the card cannot be renewed; marriage-based I-751 and investment-based I-829.Official update 2025-04-24 · read 2026-10-10 UTC