ImmiFree

No, your I-751, petition to remove conditions on residence will not automatically be denied. Even though you and your spouse both signed your application, you must still notify USCIS about your wife’s death. Below is a list of items you need to prepare to file with your request.

To apply for your 10-year green card, you need to provide evidence of your relationship from the time your 2-year conditional green card was approved through the time you apply for your 10-year green card. You need to submit the same categories of evidence, but you do not need to submit evidence that you previously submitted.

Whether you will receive a 2-year green card or a 10-year green card depends on how long you have been married at the time USCIS approves your application. If, at the time USCIS approves your green card application, you have been married less than 2 years, USCIS will issue you a 2-year conditional green card. 

If you have a two-year green card, you can file an application for a ten-year green card 90 days before your conditional green card expires. You must file Form I-751, “Petition to Remove Conditions.” You cannot file Form I-751 earlier than 90 days before your green card expires, and you also should not file this application late.

If you timely filed Form I-751 to apply for a 10-year green card, your resident status will automatically be extended for 24 months after your 2-year green card’s expiration date. You will receive a letter from USCIS confirming that your status is extended by 24 months. You can use your expired green card and the USCIS receipt letter to prove you are allowed to work in the U.S. and travel outside the U.S. for up to 24 months after your green card expires.