Who has a conditional green card?

Anyone who obtained lawful permanent resident status through a marriage that was less than two years old on the day they were admitted or adjusted. Under INA section 216, that status is conditional and the green card is valid for two years instead of ten. It applies to the spouse and can include children who received conditional residence at the same time or within 90 days. The conditions remain until USCIS approves Form I-751 to remove them.

When must I file Form I-751?

A joint petition must be filed in the 90-day window immediately before the second anniversary of the day you obtained conditional permanent residence. Filing before that window opens usually results in rejection as premature. Under 8 CFR 216.4, the deadline applies regardless of how much physical presence you have accumulated. A waiver-based petition is the exception: it is not tied to the 90-day window and may be filed anytime before a final removal order.

What happens if I miss the deadline?

Failing to file the joint I-751 within the 90-day period causes the automatic termination of your conditional permanent resident status and the start of removal proceedings, unless you file late and establish good cause in writing for the delay to the satisfaction of USCIS. In those proceedings, the burden is on you to show you complied with the filing requirement. This is why the deadline is so heavily emphasized: unlike many immigration timelines, missing it does not simply delay your case — it ends your status by operation of law and puts you in front of an immigration judge.

Can I remove conditions if I am divorced?

Yes, through a waiver of the joint-filing requirement under INA section 216(c)(4). If you entered the marriage in good faith but it ended in divorce or annulment, you may file Form I-751 with a divorce waiver. Unlike a joint petition, the divorce waiver is not restricted to the 90-day window and may be filed at any time before a final removal order. You must prove the marriage was genuine when it began; the divorce itself does not disqualify you.

What are the other waiver grounds?

Beyond divorce or annulment, section 216(c)(4) and 8 CFR 216.5 allow a waiver if removal would cause extreme hardship, or if you entered the marriage in good faith but were battered or subjected to extreme cruelty by your spouse or parent. If the petitioning spouse has died, the joint petition cannot be filed; the CPR still uses Form I-751 and follows USCIS's waiver instructions, but death should not be described as a standalone section 216.5 waiver ground. Each path still requires showing the marriage was bona fide at inception. The waiver removes the requirement to file jointly with your spouse; it does not remove the requirement that the marriage was real.

Does time as a conditional resident count toward citizenship?

Yes. Conditional permanent residence is still permanent residence, so the two years count toward the continuous residence you need to naturalize. Many people married to U.S. citizens naturalize on the three-year track, and the conditional period is part of that time. Removing the conditions with a timely, approved I-751 keeps that residence intact, which is why the two processes are closely linked in practice.

Removing Conditions on Residence: Form I-751 & INA 216

TL;DR

If you became a permanent resident through a marriage that was less than two years old on the day you were admitted or adjusted, your green card is conditional and valid for only two years. To keep permanent residence, you must file Form I-751, Petition to Remove Conditions on Residence, and the rules come from section 216 of the Immigration and Nationality Act (INA) and 8 CFR part 216. The core deadline is the one exam questions test most: a joint petition with your spouse must be filed in the 90-day window immediately before the second anniversary of the day you got conditional status. File before that window opens and USCIS may reject it; miss the window without an accepted late filing for good cause, and your status is automatically terminated and removal proceedings can begin. If you cannot file jointly — for example, because the marriage ended in divorce or annulment, the petitioning spouse died, the spouse refuses to join, you were battered or subjected to extreme cruelty, or removal would cause extreme hardship — you may instead pursue a waiver or other waiver-based I-751 treatment under the rules in 8 CFR part 216, and a waiver is not tied to the 90-day window. In every case, you must show the marriage was entered into in good faith, not to evade immigration law. This topic is a common source of naturalization complications, because time as a conditional resident still counts toward the residence you need to naturalize.

What conditional permanent residence is

When you gain lawful permanent resident status through a marriage that was less than two years old at the time you were admitted on an immigrant visa or adjusted status, the law grants that status on a conditional basis. Section 216 of the INA, implemented at 8 CFR 216.4, sets this up: the conditional permanent resident (CPR) receives a green card valid for two years rather than the standard ten. The purpose is to give the government a checkpoint to confirm the marriage was genuine and not entered into to obtain immigration benefits. Until the conditions are removed, the resident holds full permanent resident status with an expiration date attached.

The conditions do not come off automatically. The CPR must affirmatively petition to remove them by filing Form I-751, and the specific eligibility rules and procedures are found in the Code of Federal Regulations at 8 CFR part 216. Getting this step right matters well beyond the green card itself, because the years spent as a conditional resident still count toward the continuous residence a person needs to naturalize later. For how that residence requirement works, see our guide to continuous residence and physical presence.

The 90-day joint filing window

The central rule of section 216 is the timing of the joint petition. The CPR and the spouse who filed the original petition must file Form I-751 together within the 90-day period immediately preceding the second anniversary of the date the CPR obtained permanent residence. That window is fixed: under 8 CFR 216.4, the petition must be filed within this period regardless of how much physical presence the person has accumulated. If the petition is filed before the 90-day window opens, USCIS will generally reject it as premature, and you will need to refile once the window begins.

The consequence of missing the window is severe. Failure to properly file Form I-751 within the 90-day period preceding the second anniversary results in the automatic termination of the person's conditional permanent resident status and the initiation of proceedings to remove them from the United States. In those proceedings, the burden falls on the resident to establish that they did file the joint petition on time. Once a timely I-751 is filed, USCIS extends the validity of the existing green card while the petition is pending, so the receipt notice together with the expired card serves as proof of continued lawful status. Because the underlying marriage-based path started with Form I-130 and a green card application, this connects to our guide to the application process for immigration benefits.

Waivers of the joint-filing requirement

Not every conditional resident can file jointly, and section 216(c)(4) provides for waivers of the joint-filing requirement in defined situations. Under 8 CFR 216.5, a waiver is available if termination of status and removal would result in extreme hardship; if the CPR entered the marriage in good faith but it was terminated other than by death, with the CPR not at fault in failing to file on time; or if the CPR entered the marriage in good faith but the CPR or a child was battered or subjected to extreme cruelty by the U.S. citizen or permanent resident spouse or parent. The regulations separately recognize that the joint petition may be impossible if the petitioning spouse has died; in that situation, the CPR still uses Form I-751 and should follow USCIS's waiver instructions rather than treating death as a separate section 216.5 waiver ground. In each case, the marriage must have been bona fide at the time it was entered — the waiver forgives the joint-filing step, not the good-faith requirement.

A key practical difference is timing. Unlike the joint petition, a waiver-based I-751 is not confined to the 90-day window: it may be filed at any time after conditional residence is granted and before a final order of removal is issued. If a divorce is not yet final when the 90-day window arrives, many residents file jointly during the window and then ask USCIS to convert the petition to a divorce waiver once the divorce is finalized. Establishing the good-faith nature of the marriage is the heart of any waiver case, and the evidence overlaps with what USCIS weighs elsewhere in the immigration process. For related standards, see our guide to good moral character.

Frequently Asked Questions

Who has a conditional green card?: Anyone who obtained lawful permanent resident status through a marriage that was less than two years old on the day they were admitted or adjusted. Under INA section 216, that status is conditional and the green card is valid for two years instead of ten. It applies to the spouse and can include children who received conditional residence at the same time or within 90 days. The conditions remain until USCIS approves Form I-751 to remove them.
When must I file Form I-751?: A joint petition must be filed in the 90-day window immediately before the second anniversary of the day you obtained conditional permanent residence. Filing before that window opens usually results in rejection as premature. Under 8 CFR 216.4, the deadline applies regardless of how much physical presence you have accumulated. A waiver-based petition is the exception: it is not tied to the 90-day window and may be filed anytime before a final removal order.
What happens if I miss the deadline?: Failing to file the joint I-751 within the 90-day period causes the automatic termination of your conditional permanent resident status and the start of removal proceedings, unless you file late and establish good cause in writing for the delay to the satisfaction of USCIS. In those proceedings, the burden is on you to show you complied with the filing requirement. This is why the deadline is so heavily emphasized: unlike many immigration timelines, missing it does not simply delay your case — it ends your status by operation of law and puts you in front of an immigration judge.
Can I remove conditions if I am divorced?: Yes, through a waiver of the joint-filing requirement under INA section 216(c)(4). If you entered the marriage in good faith but it ended in divorce or annulment, you may file Form I-751 with a divorce waiver. Unlike a joint petition, the divorce waiver is not restricted to the 90-day window and may be filed at any time before a final removal order. You must prove the marriage was genuine when it began; the divorce itself does not disqualify you.
What are the other waiver grounds?: Beyond divorce or annulment, section 216(c)(4) and 8 CFR 216.5 allow a waiver if removal would cause extreme hardship, or if you entered the marriage in good faith but were battered or subjected to extreme cruelty by your spouse or parent. If the petitioning spouse has died, the joint petition cannot be filed; the CPR still uses Form I-751 and follows USCIS's waiver instructions, but death should not be described as a standalone section 216.5 waiver ground. Each path still requires showing the marriage was bona fide at inception. The waiver removes the requirement to file jointly with your spouse; it does not remove the requirement that the marriage was real.
Does time as a conditional resident count toward citizenship?: Yes. Conditional permanent residence is still permanent residence, so the two years count toward the continuous residence you need to naturalize. Many people married to U.S. citizens naturalize on the three-year track, and the conditional period is part of that time. Removing the conditions with a timely, approved I-751 keeps that residence intact, which is why the two processes are closely linked in practice.

Bottom Line

A green card obtained through a marriage under two years old is conditional and valid for two years, and section 216 of the INA requires the resident to file Form I-751 to remove those conditions. The central rule is the 90-day window: a joint petition with the spouse must be filed in the 90 days immediately before the second anniversary of obtaining conditional status, and under 8 CFR 216.4 that deadline applies regardless of physical presence. Filing early usually brings rejection; missing the window causes automatic termination of status and the start of removal proceedings, with the burden on the resident to prove timely filing. When joint filing is not possible — a good-faith marriage terminated other than by death, battery or extreme cruelty, or extreme hardship — a waiver under section 216(c)(4) is available and, unlike the joint petition, is not tied to the 90-day window; if the petitioning spouse has died, the CPR proceeds through the appropriate I-751 waiver process. Every path requires proving the marriage was entered in good faith. For related topics, see our guides to continuous residence, the three-year spouse track, and good moral character.

Source: Immigration and Nationality Act § 216 (Conditional permanent resident status for certain alien spouses and sons and daughters); 8 CFR 216.4. USCIS Policy Manual, Vol. 6, Pt. I, Ch. 3 (Petition to Remove Conditions) · 8 CFR § 216.4 (joint petition, Cornell LII) · USCIS Form I-751 (official page)