Form I-751
What is
Form I-751
Form I-751 is used by conditional residents who obtained their status through marriage to petition to remove the conditions on their residence. A conditional green card is typically issued for two years. To remove these conditions and obtain a 10-year green card, conditional residents must file Form I-751 before their conditional residency expires.
Filing process
Completing the form
- Form I-751 : should be filled out completely and accurately.
- Include all required supporting documents: as detailed above.
- Translations: any document in a foreign language must be accompanied by a certified English translation.
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What happens after filing?
Processing times
- Typical processing times: can vary depending on the USCIS workload and the relationship category. Generally, it can take several months to over two years
- Check the USCIS website: for current processing times and updates specific to your case.
- USCIS is extending the validity of Permanent Resident Cards for petitioners who have properly and in a timely manner filed Form I-751 for 48 months beyond the card’s expiration date.
Interview requirements
- Circumstances: USCIS may require an interview to verify the legitimacy of the marriage and the evidence provided.
Supporting documents
Generally required documents
- Copy of Permanent Resident Card (Green Card)..
- Proof of the relationship between the petitioner and the beneficiary: birth certificates, marriage certificates, and evidence of legal name changes.
- Completed Form I-751
- Evidence of qualification for waiver (if applicable)
Evidence of a bona fide marriage
- Joint property ownership
- Joint bank accounts
- Joint leases
- Photos of the couple together
- Correspondence
- Affidavits from friends and family
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H-1B visa and the lottery system
H-1B visa cap exemptions
Premium processing for H-1B visa
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Eligibility criteria
Joint filing
Generally, the conditional resident and their U.S. citizen or lawful permanent resident (LPR) spouse must file Form I-751 jointly. This joint filing demonstrates that the marriage is bona fide and was not entered into solely for immigration benefits.
Waivers
In certain situations, the conditional resident may file Form I-751 without their spouse:
- Death of spouse: if the U.S. citizen or lawful permanent resident spouse has died, the conditional resident can apply for a waiver.
- Divorce or annulment: if the marriage has ended in divorce or annulment, a waiver can be requested by demonstrating that the marriage was entered into in good faith.
- Abuse or battery: conditional residents who have been abused or battered by their spouse can apply for a waiver.
- Extreme hardship: if the conditional resident would face extreme hardship if removed from the United States, they can apply for a waiver.
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