Under what condition is a spouse's residency status considered "conditional"?

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The residency status of a spouse is considered "conditional" when the couple has been married for less than two years at the time of the adjustment of the spouse's immigration status. This condition is put in place to prevent potential immigration fraud and to ensure that marriages are genuine and not solely for the purpose of obtaining immigration benefits.

When a spouse is granted a conditional residency status, they must later apply to remove the conditions on their residency, usually by demonstrating that the marriage is bona fide and has not been entered into for fraudulent purposes. This application typically occurs within the 90 days immediately preceding the two-year anniversary of the grant of conditional residency.

The other options do not relate to the definition of conditional residency under immigration laws. For example, arranged marriages or the age at the time of marriage do not inherently affect the classification of residency status as conditional. Similarly, divorce after one year does not change the original status that the spouse held prior to the divorce; it is the duration of the marriage at the time of the residency application that is significant.

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