Marriage results in conditional residence unless it is more than 2 years old at time of granting the immigration status. Two-year period is measured from the time residency is granted.
Petitioner and beneficiary may file a joint petition to remove conditions. Joint petition must be filed within 90 days of 2nd anniversary of grant of conditional residence status. The parites must establish that: (1) the marriage was legal where it took place; (2) the mariage was not been terminated; (3) the marriage was not entered into for the purpose of procuring residency; and (4) no fee (other than attorney’s fee) was paid.
If parties cannot file jointly, the noncitizen may file a waiver of the joint filing requirement on Form I-751. I-751 waviers may be filed before, during, or after the 90-day filing window that applies to jointly filed petitions.