Marriage does not always mean a house with a white picket fence. Trying to build a life together is even more difficult when one spouse’s immigration status depends on the marital union, as it builds extra pressure and may even be used as a leverage by a US citizen spouse.

When a permanent resident status (LPR) is granted based on the marriage to a US citizen, and the marriage was less that two years old at that time, the LPR status will be conditional – valid for only two years, and a petition for removal of the conditions must be filed jointly by spouses. There are, however, exceptions to the joint filing requirement. If a foreign national spouse is able to establish to the satisfaction of the adjudicating officer that the marriage was entered into in good faith, or if the foreign national spouse suffered abuse (physical or emotional), or if the US citizen spouse passed away, it may still be possible to get the permanent greencard. You will need an experienced immigration attorney to assist you with your waiver, and I will be happy to help you!