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Proving the Validity of a Marriage to Remove Conditions of a Conditional or 2-year Green Card – September 2013

by Desmond P. FitzGerald

Dear friends,

Virtually all holders of a conditional (or 2-year green card) are required to apply to remove the conditional status of their green card and obtain a 10-year Permanent Resident Green card (without any conditions). Most of these applications require the applicant to file documentary evidence in support of his or her application showing that the underlying marital relationship was entered into in good faith, rather than for immigration purposes only. An applicant who has stronger and more persuasive evidence has a greater likelihood of success on his or her application. Evidence should demonstrate that the marital couple has:

  1. Resided at the same location (copy of lease in both names, etc.).
  2. Shared financial resources and liabilities (for example, bills in both names, joint bank account in which each person directly deposits their paycheck, joint tax returns, joint insurance policies, and state licenses or identifications reflecting the same address)

Individuals should monitor all records that are filed with any public or governmental agency (schools, hospitals, banks, employers, etc.) to make sure that all records accurately reflect their residence and marital status.

Under certain circumstances, an applicant may file an application to remove the conditional status of his Green Card on his own (without their spouse). Notably, even if this is the route the applicant takes, this type of evidence will generally play an important role in the success of the application.

If you or anyone you know would like to petition for a permanent visa, please call our office for an appointment: 617-303-2600

Important news: the priority dates which were current for Family based green cards for the F2A category (for spouses and minor children of legal permanent residents) will retrogress a month in October 2013 and it is possible that this trend may continue. This is a reminder that this window of opportunity may not last long and any legal permanent resident that has an approved I-130 for a spouse or minor child should apply for the green card as soon as possible. For more information about priority dates read our last newsletter

Please forward to whoever you think may find this useful.

Sincerely,

Desmond P. FitzGerald and
The FitzGerald & Company team

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