About Form I751, Petition to Remove the Conditions of Residence
An individual who obtained a Green Card through marriage and came to the U.S. on a K1 visa, probably received a Conditional Permanent Resident card that is valid for two (2) years. When this two-year conditional period ends, the permanent residence status automatically expires and the applicant may be subject to deportation and removal. To avoid this, 90 days or less before the conditional residence expires, the applicant must file Form I751, Petition to Remove the Conditions of Residence. Once approved, the conditional status will be removed and the applicant will receive their new Permanent Resident card that is valid for 10 years.
When to file Form I751
It is important to file Form I751 within 90 days before your conditional green card expires. And when you do submit your petition package to remove your conditional status, it may be wise to file it at the early end of the 90-day period.
NOTE: Do not to file Form I751 before the 90-day window because if you file too early, the USCIS will return your I751 application.
Who May File Form I751
If you are still married, file Form I751 jointly with your U.S. citizen or permanent resident spouse through whom you obtained your conditional permanent status. 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 their names and A-numbers in Part 5 of your petition form. If the children obtained their conditional status 90 days after you obtained or adjusted your status or if the conditional permanent parent dies, they have to file Form I751 separately in order to remove their conditional status.
In case you, the conditional permanent resident, do not file jointly, you may apply for a waiver if:
- You can show that you entered the marriage with honesty and good intentions, but your spouse subsequently died;
- You can show that you entered the marriage in good faith, but the marriage ended because of divorce or annulment;
- You can show that you entered the marriage in good faith and have remained married, but have been battered or subjected to extreme cruelty by your U.S. citizen or permanent resident spouse; or
- The termination of your status and removal would result in extreme hardship.
In cases when you are asking for a waiver, proof to support your request will be very important. For example, a copy of you divorce decree or police, court or medical proof that you were abused or a death certificate showing that you spouse died.
What Should You Include in Your Application to Remove the Conditions of Residence?
A complete application package is important to ensure approval of your petition form I751 by the USCIS.
The following should be included in your package:
- A completed and signed Form I751
- 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 a bonafide one 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 to the marriage, lease or mortgage contracts showing joint occupancy, financial records showing joint ownership of assets, sworn statements from at least two people who have known both of you since your conditional residence was granted and have personal knowledge of your marriage and relationship.
- Include the Filing Fee.
Once the application is received by the USCIS, permanent residence is extended for 1-year intervals until the request to remove conditions is approved or denied.
