For some families, one of the first priorities after getting married is obtaining permanent residence for the foreign national spouse. This is understandable because in the U.S. today all kinds of things are tied to immigration status, including driver’s licenses, health insurance, mortgages, and more. The government has chosen to be a little more vigilant over newlywed immigration cases, however. If a couple has been married for less than two years on the date when the foreign national spouse becomes a Lawful Permanent Resident, the government reserves the right to take another look at the family two years later to make sure it is a good faith relationship. They do this by first issuing a Permanent Resident Card that is valid for just two years, rather than the normal ten-year card. During the 90-day period before the two-year card expires, the couple should file a petition together to remove the two-year condition. The joint petition requires much documentation.
The joint petition may not be required in cases where the couple has divorced, where abuse has occurred, or where the applicant would suffer extreme hardship if conditions are not removed. The timing and documentation needed for those cases are different.