Conditional Green Cards and Form I-751
If you obtained a Green Card through marriage and came to the U.S. on a K-1 visa, you probably received a Conditional Permanent Resident Card that is valid for two years. When this two-year conditional period ends, your permanent residence status automatically expires and yout may be subject to deportation. To avoid this you must file Form I-751, Petition to Remove the Conditions of Residence, within 90 days of your green card's expiration date. Once approved, the conditional status will be removed and you will receive your new Green Card that is valid for 10 years.
You should try to file your I-751 as close to 90 days out from your expiration date as you can. If you submit your form before the 90 day window, your application will be returned. If you submit it too late, you risk missing your expiration date entirely.
USCIS requires the following items to supplement your Form I-751:
- A copy, front and back, of your Conditional Green Card
- Two passport-style photos for you and any children applying with you
- Two completed fingerprint cards (Form FD-258) for you and any children applying with you
- Evidence showing that the marriage is legitimate and that it was entered in honesty and in "good faith." This can include, but is not limited to, the following: birth certificates of children born during the marriage, lease or mortgage contracts showing joint occupancy, financial records showing joint ownership of assets, or sworn statements from at least two people who have known both you and your spouse since your conditional residence was granted and have personal knowledge of your marriage and relationship
Who May File Form I-751
If you are still married, file Form I-751 jointly with your U.S. citizen or permanent resident spouse. If you have dependent children on a K-2 visa who obtained their conditional permanent status when you did and they entered the United States within 90 days of your arrival, then you can include them on your form as well. If your children obtained their conditional status within 90 days of you or if the conditional permanent parent passes away, the children must file Form I-751 separately in order to remove their conditional status.
You may apply for a waiver to the joint filing if:
- You can show that you entered the marriage with honesty and good intentions, but your spouse subsequently passed away
- The termination of your status and removal would result in extreme hardship