What Effect Does the Length of the Marriage Have?

Q: Does the length of time a couple is married have any effect on the process?

A: Yes. If the couple is married for less than two years at the time of the interview, and the case is approved, only Conditional Permanent Residence will be granted, not full permanent residence.

Q: What does Conditional Permanent Residence mean, and how does it differ from normal permanent residence?

A: Conditional Permanent Residence accords the same rights to remain in the U.S., work, and travel as unrestricted ("normal") permanent residence does, but only for a two-year period.

Approximately 90 days before the expiration of the Conditional Permanent Residence period, a petition must be filed to remove the conditions. This will normally result in an interview at the local USCIS District Office; if this interview confirms to the officer that the marriage was entered into in good faith, then the conditions on permanent residence are removed.

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The above is presented for informational purposes only, and does not constitute legal advice or create an attorney-client relationship with our firm. The information provided should not be used as guidance in pursuing an immigration matter absent consultation with a qualified immigration attorney.