Anyone married for less than two years at the time of the marriage based green card approval will get a conditional green card. The applicant must file jointly or apply for a waiver (if no longer married) to remove the condition and lengthen the time to 10 years.The USCIS will give officers broader discretion to waive an I-751 removal of conditions interview. The Policy Memorandum dated November 30, 2018 instructs officers to look at each individual application to determine whether they can waive the interview. Such a discretionary waiver will be based on all of the following factors as listed on the USCIS website:
- There is sufficient evidence to show a bona fide marriage and that the marriage was not for the purpose of evading the immigration laws;
- For Form I-751 cases received on/after December 10, 2018, USCIS has previously interviewed the I-751 principal petitioner (for example, for a Form I-485 or Form I-130);
- There is no indication of fraud or misrepresentation in the Form I-751 or the supporting documentation; and
- There are no complex facts or issues that require an interview to resolve questions or concerns.
The great news is that the officer can waive the interview in I-751 joint filings and I-751 waiver applications (where the marriage did not work out but the applicant is requesting removal of conditions despite the separation from the U.S. or permanent resident spouse).
NOTE: As always if in doubt contact an immigration attorney to assist with your I-751 application.