We all know we cannot control who we fall in love with. Love just happens. Unlike in love, where there are no rules, in the realm of United State immigration policies, rules are everywhere and everything. For those who are foreign nationals who fell in love and married a U.S. citizen, immigration policies follow you even after marriage.
U.S. citizens usually will petition for a fiancé visa (K-1), so that their foreign national fiancé can come to the United States for purposes of marriage. Subsequent to marriage, the foreign national usually files an Adjustment of Status in order to remain and work in the U.S. legally. However, what confuses many people is that the Adjustment of Status based spousal petition grants only a “conditional” permanent residence and not, contrary to many beliefs, a permanent residence/”green card.”
Within 90 days of the second anniversary of the marriage, the couple would have to file a “Removal of Conditional Residence” (Form I-751) in order to remove the 2 year condition or else the conditional lawful permanent resident alien’s status will automatically expire and the foreign national will be living in the U.S. illegally. In the “Removal of Conditional Residence” process, the alien must demonstrate that the marriage was valid and not a sham.
Now, with the divorce rate in this country skyrocketing, some marriages do not withstand the 2 year period. In that case, the foreign national may still seek removal of his conditional resident status if he can demonstrate that the marriage was entered into in good faith and not for the purpose of evading the immigration laws, if the beneficiary spouse or child was battered or subject to extreme cruelty (mental or physical), or if the deportation/removal of the alien would cause extreme hardship to a qualifying family member.
