Removal of Conditions Application
If you were married for under two years at the time of filing your green card application, you received Conditional Permanent Residency, and a green card that was issued for two years. You will need to “remove the conditions” in order to extend and remain in Permanent Resident status.
Ninety-days prior to the expiration of the card, you must both file a joint I-751 Removal of Conditions Application with USCIS to establish that you have a bona fide marriage. Evidence to establish that the marriage was real and not for immigration purposes include but is not limited to:
Evidence of cohabitation, such as copies of lease agreements showing that you and your spouse lived in the same place;
Copies of documents proving that that you and your spouse owned property together;
Proof of joint assets, joint bank accounts, joint insurances, joint loans, etc
Photographs of you and your spouse together and with family and friends throughout the course of your relationship
Proof of travel together (hotel reservations, flight confirmations)
Proof of continuous communication (emails, text messages, phone records)
Copies of birth certificates of your children
If the marriage has dissolved within the two years, but was bona fide when you entered the marriage, there are waivers to the joint filing of the I-751 application. Reasoning for a waiver to the joint I-751 filing include:
Death of US Citizen Spouse
Death certificate
Divorce
Divorce Decree
Battered or Subject to Extreme Cruelty by US Citizen Spouse
Copies of police and medical records detailing evidence of physical abuse;
Evaluations by clinical social workers and psychologists showing evidence of mental cruelty; and
Copy of your divorce decree if your marriage was terminated because of physical abuse or mental cruelty.
Extreme Hardship
Evidence that your deportation would cause greater hardship than the hardships created when other aliens are removed from the U.S.