If you marry a U.S. Citizen or Permanent Resident, you may get Resident Status based on that marriage. If your marriage is less than 2 years old, you get Conditional Resident Status instead of Permanent Resident Status. The Conditional Resident card is good for only 2 years (sometimes called a “two-year green card”). Conditional resident status is different than Permanent Resident status. Permanent Resident status doesn’t expire, even if the card expires. The Permanent Resident card is good for 10 years and can be renewed. Conditional Resident Status expires after 2 years and can only be continued by filing form I-751.
To change your Conditional Resident status to Permanent Resident status, file Form I‑751, Petition to Remove Conditions on Residence. Note: Conditional Residents should NOT file form I-90, which is used to renew and replace Permanent Resident cards. If you are still married, and your spouse is safe and willing, the 2 of you file form I-751 together. You need to do this in the 90-days before the expiration date on your Conditional Resident card.
But, if your spouse is abusive or emotionally cruel, or if the marriage has ended, you can file Form I-751 by yourself. If you are filing by yourself, you don’t need to wait until 90 days before the card expires. You can file much earlier. It is best to file before the card expires, but you might be able to file after your Conditional Resident card expires. Just remember, your status expires when the Conditional Resident card expires. So, if you don’t file the I-751 before your card expires, you could be placed in removal, or immigration court proceedings.
