Generally, if you are married to a United States citizen and you have been married for less than two years at the time your green card was issued, you must have been issued a temporary green card for two years. In that event, you are required to apply for removal of the condition on your green card about 90 days before the expiration of your green card. If you are still married to your spouse through whom you obtained the green card, you must file Form I-751, Petition to Remove Condition on Residence. In the event you are no longer married to your United States citizen spouse, you still have to file for removal of condition but this subject is much more complicated and will be discussed in a separate post.
If you and your children also received green card through your United States citizen spouse, your children can also apply for removal of condition on permanent residence on the same application.
With respect to the joint petition for removal of condition, you and your spouse have to sign the petition. In addition to the joint signature, you have to prove that you and your United States citizen spouse are living together as husband and wife and are acting and carrying on as husband and wife. To meet your burden, you have to provide the following:
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Joint lease with both names and signatures or both names deed or mortgage document
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Joint Tax returns for three years; it is preferable to present joint tax returns as opposed to tax returns showing “married filing separate returns” or “head of household”
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Bank statement showing joint account
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Cancelled checks from the joint account
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Utility bills in both names and same address
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ID Cards or driving license with the same address
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Birth certificate for any children born between the time of initial interview for green card and petition for removal of condition
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Receipt for any property acquired between the initial interview for green card and petition for removal of condition – these receipts should show the both names and the same address
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Automobile registration or title showing both names and same address
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Car insurance card(s) on the same policy
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Health insurance card and documents for the entire family on same insurance policy
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As much family photographs as possible, showing the family on different occasions
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Recent affidavits from family of both couples and friends on both sides of the family attesting to the fact that they couple live together and acting as husband and wife
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Joint affidavit from the couple attesting to their life as husband and wife
If the petition is properly packaged together, the United States Citizenship & Immigration Services may approve the petition without interview.