If alien has been married to a U.S. citizen for less than two years when his green card application is approved, the green card will be a conditional green card.  The card will be valid for only two years.  When that time is up, the alien must file an application to remove the condition and issue him a permanent green card.  If the alien is still married to the same U.S. citizen spouse, both spouse should file the application jointly.

However, if the marriage has ended or if the U.S. spouse is not willing to file the application, the alien must file the application to remove the condition by himself or herself.  In such case, the alien need to prove the following:

• The U.S. citizen spouse died and you entered into the marriage in good faith (Evidence of a  Bona Fide Marrage)
• You are divorced and you entered into the marriage in good faith;
• Your deportation will cause you extreme hardship, greater that that suffered by most people who are deported;
• You were battered or abused or subjected to extreme cruelty by the U.S. citizen spouse.

If you want to know the effect of Form I-130 Petitioner’s Death on Authority to Approve the Form I-130, click here.