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Removal of Conditional Residency during Separation Where Citizen Spouse Will Cooperate: Joint Filing

Unless a Conditional Permanent Residence (CPR) is able to eligible to file a waiver of the joint filing requirement, he or she must file jointly with his or her U.S. citizen or lawful permanent resident (LPR) spouse.

The United States Citizenship and Immigration Services (USCIS) may approve an application to remove conditional residency (I-751) if the following requirements are met:

  1. The CPR and the petitioning spouse (the US Citizen or LPR spouse), unless deceased, jointly file the application to remove conditional residency within 90 days immediately before the two year anniversary of the date the CPR obtained permanent resident status;
  2. The CPR and petitioning spouse (unless deceased) appear for an interview, and USCIS determines the following facts are true:
    1. The marriage was legal where it took place;
    2. The marriage has not yet been terminated;
    3. The marriage was not entered into for the purpose of procuring permanent resident status; and
    4. No fee (other than to an attorney for filing assistance) was paid for the filing of the underlying I-130 or I-120F.

The statutes and laws on which the above requirements are drawn require the approval of an I-751 petition if all of the conditions are met. USCIS is not at liberty to deny a petition solely because the spouses are separated and/or have initiated divorce or annulment proceedings, but the marriage is not yet formally terminated.

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