This guide describes the process of obtaining a permanent Green Card for foreign spouses whose two year conditional Green Card expires. Usually, foreign spouses of U.S. citizens or U.S. lawful permanent residents and their children first become “conditional” permanent residents. “Conditional” permanent residents have the same rights and responsibilities as other U.S. lawful permanent residents. However, the Green Card that they receive is valid only for two years. A foreign spouse who has already been married to a U.S. citizen or U.S. lawful permanent resident for two years before he or she became a permanent resident is not subject to “conditional” permanent resident status and the Green Card issued to him or her is valid for 10 years. In order to obtain a permanent Green Card, “conditional” permanent residents have to petition to remove conditions on their residence. Generally, this petition has to be filed by both spouses (joint filing). However, the joint filing requirement can be waived and the foreign spouse can file the petition by herself or himself if:

The spouses are divorced and the marriage was entered in good faith
The U.S. spouse is deceased
The foreign spouse or his or her children will suffer extreme hardship if their petition is denied
The foreign spouse or his or her children have been abused or battered by the U.S. spouse

To learn how to obtain a permanent Green Card for a foreign spouse and his or her children whose conditional Green Card expires, use our step-by-step guide. Our guide provides a detailed explanation about the process of obtaining a permanent Green Card for spouses who are still married and for those who are no longer together. Our guide includes special instructions on how to waive the joint filing requirement and gather all the necessary documentation to support your petition. It is important to file your petition accompanied by the correct documentation within 90 days of the expiration date of your conditional Green Card. “Conditional” permanent residents whose conditional Green Card has already expired may become subject to removal or deportation.