January 12th, 2011 by Abby Keane
Any individual who is married to a US Citizen, on a K1 visa can obtain the Conditional Green Card through marriage. This Conditional Green Card is valid for two years. When the card expires, the card holder’s status becomes invalid and he or she can be deported. To avoid deportation, 90 days before the conditional permanent card expires, the card holder must petition to have the conditions removed.
To file for the removal of the conditions on the Green Card, the applicant must file Form I 751 (Petition to Remove the Conditions of Residence). This form must be filed with the United States Citizenship and Immigration Services (USCIS). The applicant must file the Form I 751 during the 90 days period prior to the card’s expiration date. If the application is filed before the required 90 days, the application might be rejected by the USCIS. If there is a delay in filing the application and it was not your fault, then an explanation should be provided as to why the application was not filed on time.
Who may file Form I 751 online?
The petition to remove conditions on Green Card can be filed online. Preparing Form I 751 online is an easy process that provides all the instructions you need to file your application. If you are a conditional resident still married to a US Citizen or permanent resident spouse, you may file the form jointly with your spouse. If you have children on K2 visa who obtained the conditional permanent resident status at the same time as you, you may then include your children in the application. If your children obtained the conditional permanent residence card after you or after your status was adjusted, then they must file a separate application to remove the conditions on their green card.
You may also still file Form I 751 online if you entered the marriage in good faith but your spouse subsequently died, or the marriage was later terminated due to divorce or annulment. The other criteria are that you remained married but you have been battered or subjected to extreme cruelty by U.S. citizen or permanent resident spouse, or if the termination of your status and removal would result in extreme hardship.
When you file Form I 751 based on the above mentioned reasons, you must provide few important documents such as divorce certificate, medical or police certificate or death certificate of your spouse if your spouse subsequently died.
The Form I 751 can be filed regardless of whether or not you are currently present in the United States at the time of petition. On the other hand, it is mandatory for you to be present in the United States along with your spouse and children, at the time of interview with an immigration official.
What happens after application?
Once USCIS receives your application, it will be checked for accuracy and make sure it is complete. Your permanent residence will be extended for 1 year till your petition gets approved or rejected. If your petition is approved, you will receive the new Permanent Resident Card at your mailing address. If your application is rejected, you will be sent a notification letter as to why your application was rejected.