6. What Happens if the Foreign National is No Longer Married to the U.S. Citizen Spouse and/or If He or She Has Been Battered or Abused by the Spouse?
If the foreign national spouse is no longer married to the U.S. citizen spouse, and/or has been battered or abused by the spouse, he or she can apply to waive the joint filing requirement. In such cases, the foreign national spouse may apply to remove the conditions on his or her permanent residence any time after he or she become a conditional resident, but before the foreign national spouse is removed from the country.
7. Can a Dependent Child be Included in the Parent’s Petition?
If the child of the foreign national (conditional resident) received conditional residence status within 90 days of when his or her parent did, then the child should be included in his or her parent’s (conditional resident) application to remove the conditions on permanent residence.
8. When is the Dependent Child of Foreign National Parent (Conditional Resident) Required to File a Separate Petition?
The dependent child of the foreign national must file a separate I-751 application if he or she received conditional resident status more than 90 days after his or her parent did or if the foreign national parent has died.
9. What Happens if Petition to Remove the Conditions on Residence if filed late?
If Form I-751 is not filed within the 90-day period before the second anniversary as a conditional resident:
- The foreign national spouse’s conditional resident status will automatically be terminated and USCIS may begin removal proceedings against him or her;
- The foreign national spouse will receive a notice from USCIS telling that he or she has failed to remove the conditions;
- The foreign national spouse may receive a Notice to Appear at a hearing. At the hearing the foreign national spouse may review and rebut the evidence against him or her;
The Form I-751 can be filed after the 90-day period if the foreign national spouse can prove in writing to the director of the appropriate Service Center that there was good cause for failing to file the petition on time. The director has the discretion to approve the petition and restore permanent resident status.