Understanding the I-751 Petition to Remove Conditions on Residence

If you obtained lawful permanent resident status based on a marriage that was less than two years old when you were granted your green card, whether you applied within the U.S. or abroad through the consulate in your home country, you must complete an additional step to remove the condition attached to your permanent residency. This blog discusses this process.

What Exactly is the Form I-751 Petition to Remove Conditions on Residence?

The I-751 is a way for U.S. Citizenship and Immigration Services (USCIS) to ensure that your marriage was entered into in good faith and not solely to obtain an immigration benefit. By filing this petition, you and your spouse ask USCIS to remove the "conditional" label from your green card, granting you permanent resident status.

Who Needs to File the I-751?

If you obtained your lawful permanent resident status through a marriage that was less than two years old when you were granted your green card, you will receive a conditional green card. This card will expire two years from the date of issuance.

Therefore, you must file Form I-751 if:

You are a conditional permanent resident;
Your status is based on your marriage to a U.S. citizen or lawful permanent resident; and
You remain married to the same U.S. citizen or lawful permanent resident through whom you obtained your conditional status status.

When Do You Need to File Form I-751? The Critical Timeline

Timing is crucial for the I-751. You must submit your petition within the 90-day period immediately preceding the expiration of your conditional green card. To ensure a timely filing, check your green card's expiration date and count back 90 days. Submit your petition before this 90-day window closes and your green card expires.

What is the Process Like? A Step-by-Step Overview

The I-751 process generally involves the following steps:

Gathering Documentation: This is a critical stage. You need to collect evidence demonstrating that your marriage was entered into in good faith and is ongoing (unless you qualify for a waiver, which we'll touch on later). This evidence can include:
- Joint bank account statements
- Joint lease or mortgage agreements
- Utility bills in both your names
- Joint tax returns
- Insurance policies listing both spouses
- Affidavits from friends and family who know your relationship
- Photos of you and your spouse together throughout your marriage
- Birth certificates of children born to the marriage
- Travel itineraries showing joint travel
- Any other documentation that demonstrates the legitimacy and continuation of your marital relationship.
Completing and Filing Form I-751: Ensure you complete the I-751 form accurately. It's essential to answer all questions truthfully and provide all required information. You will then mail the completed form, supporting documentation, and filing fee to the correct USCIS lockbox facility.
Receiving Your Receipt Notice (Form I-797): Once USCIS receives your petition, it will send you a receipt notice (Form I-797). Keep this notice in a safe place! It serves as temporary proof of your continued lawful permanent resident status for a specific period, usually while your I-751 is pending. This often allows you to continue working and traveling.
Biometrics Appointment: USCIS will likely schedule you for a biometrics appointment at an Application Support Center (ASC). At this appointment, they will take your fingerprints, photograph, and signature for background checks.
Interview (Potentially): USCIS may schedule an interview at a local field office. The purpose of the interview is to assess your marriage's legitimacy further. Both you and your spouse will typically be required to attend. Be prepared to answer questions about your relationship.
Decision: After reviewing your petition, supporting documentation, biometrics, and potentially conducting an interview, USCIS will decide on your case. If approved, you will receive a new Permanent Resident Card (green card) valid for ten years.

How Much Does it Cost? The Filing Fee

As of the date of this blog post, the filing fee for Form I-751 is $750. Please note that these fees are subject to change by USCIS, so it's always best to check the official USCIS website (www.uscis.gov) for the most up-to-date fee information before filing.

What if we are Separated or Divorced before Filing the I-751?

If you entered into your marriage in good faith but are now separated or divorced, or if you experienced battery or extreme cruelty from your U.S. citizen or lawful permanent resident spouse, you may be eligible for a waiver of the joint filing requirement. It's crucial to seek legal counsel immediately if you find yourself in this situation.

Navigating the I-751 process can feel overwhelming, but understanding the requirements and timeline is the first step towards successfully removing the conditions on your permanent residence.

It is advisable to seek legal counsel to ensure your petition is prepared accurately and that you comprehend your rights and options. An experienced U.S. immigration attorney can guarantee that your petition is prepared accurately and that you understand your rights and options. This becomes particularly vital if you face a complex situation. For more information, please contact us.

This article has been prepared for general information purposes only. The information presented is not legal advice, is not to be acted on as such, may not be current, and is subject to change. Readers should contact their attorneys to obtain advice concerning any particular legal matter.