Marriage fraud is a major problem in US immigration.  There is no shortage of people who are willing to pay someone to pretend to be a spouse so that the first person can obtain US resident status.  There are significant penalties for marriage fraud — ranging from denial of all benefits under immigration law, fines and jail time.  However, unfortunately, people do it regularly.

I see cases in the court records about people who were determined by the USCIS to have committed marriage fraud.  I have had potential clients come to me whom I had to turn away because there is no legal way to help them; they paid someone to marry them in the past and now they are legitimately married and cannot legally file for a green card.  I have had people come to me who have been accused by the USCIS of faking marriage in order to get a green card.

Concerned about this issue, many years ago Congress created “conditional residence”.   Conditional residence is really regular lawful permanent residence, but it is only valid for two years.  Every person who is immigrating as a spouse receives conditional residence if they get their green card less than two years after the date of their marriage.  If they get their green card on or after the second anniversary of their marriage, they get regular lawful permanent residence and get a green card which is valid for ten years.  But if they get their green card in those first two years, they only get a two year card.

I keep saying “get their green card”.   Technically, the deciding date is when they enter the US on an immigrant visa or when they get approved for adjustment of status.  It is that date which determines whether or not their lawful permanent residence is conditional.   At the consulate, after the interview, an immigrant only gets an immigrant visa.   He doesn’t get residence status until he enters the US with the immigrant visa.   An immigrant going through adjustment of status here in the US obtains permanent resident status when the application is approved — which could be with or without an interview.  In either case, the green card (regular or conditional) then comes in the mail.

If a person gets a conditional green card, in the 90 days before the card expires, he has to file a special petition with the USCIS requesting them to approve the removal of the conditions.    To make it simple, I tell people that they are filing for their ten-year card.  But in actuality, they are requesting the removal of the conditions on their permanent residence.   The ten year card is issued as a result of the removal of the conditions.

I hope this is interesting and helpful.   Remember that this is not legal advice.  It is just a summary of certain aspects of immigration law which may or may not apply to your situation.   I encourage you to consult an attorney if you think any of this may apply to your situation.

Gunnar Armstrong