The entire process of getting a green card for most people puts them off at first look, especially if the basis of applying for one is marriage. One such example could be a CR-6 conditional green card. This page will cover the entire CR-6 conditional green card, what it is for, how to apply, eligibility criteria, and the process of getting its conditions removed.
What is a CR-6 Conditional Green Card?
The CR-6 is a conditional green card issued to individuals who received their marriage-based green card. At the time of their marriage, they had been married to a U.S. citizen for less than two years. The cardholder is eligible for conditional permanent resident status. After two years, the condition must be raised, and a green card should be obtained. The main purpose of the card is to avoid fake marriages, which are purely done to serve immigration advantages.
Eligibility Criteria for a CR-6 Conditional Green Card
The eligibility for a CR-6 conditional green card will be based on whether:
- One is married to a US citizen or an LPR (lawful permanent resident).
- Marriage is not yet at the two-year mark. At the issuance of a green card
- one can prove the validity of one’s marriage — it shows that the marriage bond was not made for immigration purposes.
Application Process
A normal application procedure for a conditional CR-6 green card normally follows this cycle:
- Submission of Petition: For the process to begin, one needs to have a spouse who is a U.S. citizen already. Or should they be the lawful permanent resident? Then, the files Form I-130, petition for Alien Relative, with respect to their foreign spouse, should be done.
- Filing Visa: After the petition has been approved, a request for a visa for immigrant application will be made for the foreign spouse, next either through consular processing or through an adjustment of status if in the country of the United States must be given.
- Biometrics Appointment: The applicant will be scheduled for a biometrics appointment, where the applicant will provide six fingerprints, photographs, and a signature.
- Interview: The petitioner and applicant both must attend an interview at a U.S. embassy. Next, they have to consulate in a foreign country (if otherwise consular processing) or at a USCIS office in the U.S. If the applicant is otherwise processing the application for adjustment of status within the U.S. During the interview, the couple will need to demonstrate that the couple is in a real, bona fide marriage and not into any fake relationship for a green card.
Evidence of a Bona-Fide Marriage
You’d like to show that your marriage is real by presenting some of the following evidence:
- Evidence of financial commingling, which could entail bank statements and credit card bills.
- Cohabitation evidence of mortgage or lease agreements.
- Utility bills, correspondence with both husband and wife’s names.
- Pictures of the husband and wife with relatives or friends.
- Affidavits by individuals having first-hand knowledge and a close personal relationship with the couple attesting to its bonafide
Form I-751 Filing Process: How to File Form I-751?
- Complete the Form: I-751 to be completed jointly by both spouses and signed.
- Evidence: One must provide evidence to prove that their marriage has remained intact and valid.
- Filing: The filled form, accompanied by the evidence, must be forwarded to the respective USCIS service centre.
- Biometrics Appointment: Another appointment for biometrics will be scheduled.
- Interview: Though not applicable in all cases, the USCIS may request an interview. This interview, if scheduled, would be so as to confirm the genuineness of the marriage.
Waivers
However, if you no longer have been married to your U. S. citizen spouse, you still can apply for the removal of the labour conditions by applying for a waiver. You can request a waiver if:
- It was for this reason that you people got married healthily. But later on, your better half did not accept you. And he, on his part, divorced or annulled the marriage.
- Another situation can be your U. S. citizen spouse has died, but you are a widow or a widower of the said spouse.
- Or else both of you entered into the marriage in good faith, and you are either battered by or suffered extreme cruelty by/or from your spouse, who is a U. S. citizen.
- Otherwise, you would face extreme hardship if ever you get expelled from this country. Your deportation back to the United States of America would be difficult.
Consequences of Failing to Remove Conditions
Failing to file Form I-751 in the 90 days before your CR-6 conditional green card’s expiration results in the loss of your permanent resident status. And consequently, deportation. Be regular with the schedule and submit all the documents to the HRC and other related offices on time.
Transition to an Unconditional Green Card
- When your Form I-751 is approved, the conditions on your residence will be removed.
- Next, you are going to be issued a 10-year marriage green card.
- Further, this unconditional green card can be renewed indefinitely as long as you maintain your permanent resident status.
Conclusion
CR-6 is just a transition type of card for the start of getting the status of a permanent resident while at the same time scrutinising the genuineness of the marriage. It is only through understanding the application process and adhering to strict deadlines that one can keep the right documentation. Hence, ensuring that an applicant moves smoothly through the problems associated with all the changes. The first few processes would be the petition itself, then data acquisition through biometrics. And finally, the interview process that is going to test the genuineness or validity of your marriage. Evidence to substantiate your case should be concreted with up-to-date documents, such as financial documents showing joint interests, pictures, and affidavits.
Successfully transitioning from a CR-6 conditional green card to an unconditional green card can be done by actively planning and finalising all specifics. The most critical time element in this process is a window of approximately 90 days before the conditional green card expires for filing Form I-751 to Remove Conditions on Residence. The form is supported by additional evidence. Further, it is presented only after the two-year honeymoon period has passed. Waivers are available in cases where a marriage has ended, or other reasons have arisen. After following these guidelines, applicants can confidently go through the U.S. immigration process. Led on to proceed smoothly to receive an unconditional marriage green card before obtaining permanent resident status in the United States.
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