When a U.S. citizen or permanent resident marries a foreign national, the spouse may be eligible for a Green Card (lawful permanent residence) through a process called a spousal petition. However, not all Green Cards are created equal. Depending on how long the couple has been married when the Green Card is issued, the foreign national spouse will receive either a 2-year Green Card or a 10-year Green Card. While both grant permanent resident status, there are important differences between them.

2-Year Green Card (Conditional Residence)

A 2-year Green Card is typically issued to foreign nationals who have been married for less than two years at the time their Green Card is approved. This card is considered “conditional” because the U.S. government wants to ensure that the marriage is genuine and not entered solely for immigration purposes. The foreign national spouse is given conditional resident status for two years, during which time the couple must prove their marriage is legitimate.

Before the 2-year card expires, the couple must file a petition to "remove the conditions" of the Green Card. This is done by submitting Form I-751, along with supporting evidence showing that the marriage is still valid. If the petition is approved, the conditions are removed, and the foreign national spouse will be granted a 10-year Green Card. Failure to remove the conditions could result in the spouse losing their Green Card and facing deportation.

10-Year Green Card (Unconditional Residence)

On the other hand, if the couple has been married for more than two years when the Green Card is issued, the foreign national spouse will receive a 10-year Green Card. This card is unconditional, meaning there are no restrictions or conditions that need to be removed. The 10-year Green Card holder has the same rights as any other permanent resident and does not need to prove the authenticity of their marriage.

In either case, after holding a Green Card for three years, a spouse of a U.S. citizen can apply for U.S. citizenship. However, a 2-year Green Card holder will need to go through the process of removing conditions before being eligible to apply. Understanding the difference between a 2-year and a 10-year Green Card is essential for planning your immigration journey and ensuring a smooth path to permanent residency and citizenship. Do you want to learn more about these two types of Green Cards, call our office at (915) 314-2363 to schedule a consultation today!