You may be able to retain your resident status (Greencard) if you entered the marriage in good faith and were not at fault in failing to file a joint petition to remove the conditions on your residence. You and your spouse are required to file a joint petition to remove the 2 year condition on your residence card 90 days before the two year anniversary of receiving your residence. There are generally three exemptions to this requirement as follows:
- Where you entered the marriage in good faith, but the marriage has been terminated, and you were not at fault in failing to file a joint petition to remove the conditions on your residence.
- Where you entered the marriage in good faith but you have been battered or subjected to extreme cruelty, and you were not at fault in failing to file a joint petition to remove the conditions on your residence.
- You would suffer extreme hardship if you are deported.
