Remove conditions on a 2-year green card: Form I-751 joint petitions and divorce waivers, 90-day window, 48-month extension. (305) 315-3425.
Attorney Ekaterina Fitenko represents conditional permanent residents throughout Florida and nationwide who must file Form I-751 (Petition to Remove Conditions on Residence) to obtain their permanent 10-year green card. Under Section 216 of the Immigration and Nationality Act (INA), green cards granted based on a marriage less than two years old at the time of approval are temporary and conditional. To prevent automatic termination of your legal resident status and initiation of removal proceedings, you must file Form I-751 during the strict 90-day window before your two-year card expires. With 20+ years in the legal field and admission to The Florida Bar (#1064536), Attorney Fitenko personally prepares joint petitions and complex individual waiver filings, conducting thorough interview rehearsals via Google Meet. Our firm provides bilingual English and Russian representation, transparent fees, and rigorous documentary support.
To evaluate your filing strategy—whether filing jointly or requesting a waiver following marital separation—contact our office at (305) 315-3425 or email fitenkolaw@gmail.com to schedule a comprehensive 30-minute legal consultation for $200.
Federal law strictly enforces the timing of Form I-751 submissions. Filing outside the statutory timeframe carries severe procedural consequences:
While the standard petition is filed jointly by both spouses, federal regulations authorize individual waiver filings when a joint filing is no longer feasible:
When the marriage remains intact and both spouses cooperate, Form I-751 is filed jointly. Both partners sign the petition and submit comprehensive documentation establishing that they have continued to co-mingle their lives, assets, and liabilities throughout the two-year conditional residence period.
Under 8 CFR § 216.5(a)(1)(ii), if the marriage was entered into in good faith but has been legally terminated through divorce or annulment, the foreign spouse can apply for an individual waiver without the former spouse's signature. The applicant must prove that the marriage was genuine at its inception and submit a final, certified civil divorce decree. If divorce proceedings are ongoing but not finalized when the 90-day window arrives, special procedural bridging steps must be taken.
Under 8 CFR § 216.5(a)(1)(iii), if the foreign spouse or their conditional resident child was subjected to battery or extreme physical or mental cruelty by the U.S. citizen or permanent resident spouse during the marriage, the applicant can file an individual waiver without spousal knowledge or cooperation. A legal divorce is not required under this waiver ground.
Under 8 CFR § 216.5(a)(1)(i), a waiver can be requested if the termination of resident status and removal from the United States would result in extreme hardship. The hardship must have arisen strictly during the period of conditional residence.
USCIS examines Form I-751 petitions to confirm that the marriage was real not just at the wedding, but throughout the entire two-year conditional period. Submitting the same documents used for the initial green card is insufficient; USCIS requires fresh evidence documenting the subsequent 24 months:
Review our comprehensive walkthrough in our complete I-751 removing conditions guide.
While many joint Form I-751 petitions with robust evidence are approved without an interview, USCIS frequently schedules in-person interviews at local field offices—particularly for waiver cases, couples with limited joint assets, or cases with prior Requests for Evidence.
In Florida, cases are adjudicated at field offices assigned by residential ZIP code, including Miami, Oakland Park, Kendall, Hialeah, West Palm Beach, Tampa, Orlando, Fort Myers, and Jacksonville. Our remote preparation methodology includes:
Due to lengthy Form I-751 processing times, many conditional residents reach their three-year permanent residence anniversary while their I-751 petition remains pending. Under Section 319(a) of the INA, a permanent resident who has been married to and living in marital union with a U.S. citizen for at least three years can apply for naturalization.
You do not need to wait for Form I-751 to be approved before submitting Form N-400. Once the three-year mark arrives, our office can file your naturalization application, which typically consolidates both files and prompts a joint interview at your local field office. Our legal fee for standard Form N-400 naturalization representation is $2,000. Learn more on our citizenship lawyer Florida page.
Removal of conditions involves strict evidentiary thresholds where errors can lead to revocation of permanent residence:
Fitenko Law provides clear, transparent flat fees in writing for every engagement:
| Immigration Service | Attorney Legal Fee | USCIS filing fees (see G-1055) |
|---|---|---|
| Form I-751 Joint Petition or Individual Waiver | Exact legal fee is determined following your consultation | Check current fees: USCIS Form G-1055 |
| Concurrent Marriage Green Card (I-130 + I-485) | $4,000 | Check current fees: USCIS Form G-1055 |
| Standalone Family Petition (Form I-130) | $2,000 | Check current fees: USCIS Form G-1055 |
| Naturalization / Citizenship (Form N-400) | $2,000 (standard cases) | Check current fees: USCIS Form G-1055 |
Note: Processing times vary according to agency workload and service center assignment. View current official timeframes at USCIS Processing Times.
Securing your permanent 10-year green card requires meticulous documentation and proactive legal strategy:
Discover our nationwide practice on our Russian-speaking immigration lawyer page and review our marriage-based green card lawyer Florida page.
Attorney Ekaterina Fitenko is licensed in Florida (Florida Bar #1064536). Immigration law is federal: we represent clients before USCIS and the U.S. Department of State nationwide, remotely by secure video. We do not have an office outside Florida and do not advise on other states' state law.
Yes. If your spouse refuses to sign or if you have separated or divorced, you can apply for an individual waiver under 8 CFR § 216.5. You must establish that the marriage was entered into in good faith and submit a final divorce decree. You do not need your former spouse's consent or cooperation.
Yes. When USCIS accepts your Form I-751 filing, they issue an official Form I-797 receipt notice extending your green card validity for up to 48 months. You can present this extension notice together with your expired two-year green card to employers for Form I-9 verification and to airline personnel when traveling internationally.
If you fail to file Form I-751 within the 90 days before your card expires, your permanent resident status terminates automatically, and USCIS may issue a Notice to Appear (NTA) placing you in removal proceedings. However, USCIS may excuse a late filing if you submit written evidence establishing good cause and extenuating circumstances for the delay.
Yes. If you have been a lawful permanent resident for three years and have been living in marital union with your U.S. citizen spouse for the entire three-year period, you can file Form N-400 naturalization even if Form I-751 has not yet been adjudicated. USCIS will typically adjudicate both petitions during a combined interview.
Not necessarily. USCIS waives the interview requirement for many joint filings with strong, unambiguous co-mingling of financial and personal assets. However, interviews are routinely required for waiver filings, cases involving marital separation, or files where initial documentary evidence was insufficient.
Our initial strategy consultation is $200 for 30 minutes, conducted via Google Meet and paid by credit card via a secure link sent by the firm. Attorney Fitenko reviews your marriage documentation, evaluates waiver eligibility, and formulates a clear action plan. The $200 fee is credited in full toward your legal fee when you engage our firm.
Processing times for Form I-751 depend on USCIS workload and change over time. Because they can be long, the USCIS receipt notice extends your card for 48 months. Current estimated processing schedules are available on the official USCIS Processing Times page.
Speak directly with Florida immigration attorney Ekaterina Fitenko. Receive a personalized legal plan for removing conditions on your green card in English or Russian via a secure Google Meet video session.
Consultation Fee: $200 for 30 minutes (credited toward your legal fee upon retention, paid by credit card via link sent by the firm).
Call our office at (305) 315-3425 or email fitenkolaw@gmail.com.
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