Form I-751: Petition to Remove Conditions on Residence – Complete Guide

Form I-751, Petition to Remove Conditions on Residence, is a required application for conditional permanent residents who received a 2-year Green Card through marriage. If you do not file Form I-751 on time, you may lose your lawful permanent resident status and could be placed in removal (deportation) proceedings.

Filing Form I-751 correctly and within the required timeframe is essential to maintaining your immigration status and continuing to live and work legally in the United States.

This guide explains who must file Form I-751, when and how to file, filing fees, processing timelines, what happens after filing, and common mistakes to avoid—all in simple, easy-to-understand language.

Quick Facts: Form I-751

• Form I-751 is mandatory for conditional Green Card holders who received a 2-year Green Card through marriage.
• You must file within 90 days before your Green Card expires to avoid losing lawful status.
• Most applicants file jointly with their spouse, but waiver options are available for divorce, abuse, death of spouse, or extreme hardship.
• Filing Form I-751 on time automatically extends your Green Card, allowing you to work and travel while your case is pending.
• USCIS may request additional evidence (RFE) or schedule an interview, especially in waiver cases.
• Approval of Form I-751 leads to a 10-year permanent Green Card and is required before U.S. citizenship is granted.

What Is Form I-751?

Form I-751 is filed with U.S. Citizenship and Immigration Services (USCIS) to remove the conditions on a conditional Green Card and obtain a 10-year permanent Green Card.

If you became a permanent resident through marriage and your marriage was less than two years old on the day your Green Card was approved, USCIS issues a conditional Green Card. This status is temporary and expires after two years.

To remain in the U.S. lawfully, you must file Form I-751 before your card expires.

Who Must File Form I-751?

You must file Form I-751 if you are a conditional permanent resident who received a 2-year Green Card through marriage and want to remove the conditions on your residence.

USCIS grants conditional residence when a marriage is less than two years old at the time a Green Card is approved. This conditional status expires after two years, making Form I-751 mandatory to remain a lawful permanent resident.

You Must File Form I-751 If:

• You received a 2-year conditional Green Card through marriage
• Your Green Card is about to expire
• You are filing with your spouse (joint filing) or requesting a waiver
• You want to keep your lawful permanent resident status in the U.S.

Failing to file Form I-751 may result in the termination of conditional resident status and possible removal proceedings.

Joint Filing vs. Waiver Filing

• Joint filing applies if you are still married and both spouses sign the petition.
• Waiver filing applies if you file without your spouse due to divorce, death, abuse, or extreme hardship.

USCIS evaluates whether the marriage was entered into in good faith, even if it later ended.

Children Included in Form I-751

• Children who received conditional permanent residence at the same time as a parent can usually be included on the same Form I-751.
• In some situations, children may need to file a separate Form I-751, depending on timing and circumstances.

Carefully review USCIS instructions when children are involved.

Who Does NOT Need to File Form I-751?

You do not need to file Form I-751 if:

• You already have a 10-year permanent Green Card
• You obtained permanent residence through employment, asylum, refugee status, or other non-marriage categories
• You are renewing a 10-year Green Card using Form I-90

When to File Form I-751

Filing Form I-751 at the correct time is critical. Filing too early, too late, or incorrectly can lead to delays, denial, or removal proceedings. The correct filing window depends on how you are filing.

If You Are Still Married and Filing Jointly

If you are filing jointly with your U.S. citizen or permanent resident spouse, you must file Form I-751 within the 90-day period before your conditional Green Card expires.

• You cannot file earlier than 90 days
• You must file before the expiration date on your Green Card

Example:

If your conditional Green Card expires on April 1, you may file:

• No earlier than: January 1
• No later than: April 1

Filing within this window helps ensure your status is extended while USCIS processes your application.

If You Are Filing Form I-751 by Yourself (Waiver Filing)

If you are filing without your spouse, you are requesting a waiver of the joint filing requirement. In these cases, the filing timeline is more flexible.

You may file Form I-751 at any time after you receive conditional permanent resident status if:

• Your marriage ended in divorce or annulment
• Your spouse passed away
• You or your child experienced battery or extreme cruelty
• Removing conditions would cause extreme hardship

There is no 90-day filing window for waiver cases. However, filing as soon as you qualify is strongly recommended to avoid complications.

If Your Conditional Green Card Has Already Expired

USCIS may accept a late Form I-751 filing in limited situations, but approval is not guaranteed.

You must:

• File the I-751 as soon as possible
• Include a written explanation explaining why you filed late
• Show that the delay was due to extraordinary circumstances beyond your control
• Prove that the delay was reasonable

Examples may include:

• Serious illness or hospitalization
• Domestic violence situations
• Divorce proceedings that took longer than expected
• USCIS errors or mail issues

If USCIS does not accept your explanation, your application may be denied and you could be placed in removal proceedings.

How to Fill Out Form I-751 (Step-by-Step Guide)

Filling out Form I-751, Petition to Remove Conditions on Residence, correctly is essential to avoid delays or requests for more information from USCIS. Below is a practical, easy-to-follow walkthrough of the major parts of the form so you can complete it with confidence.

Step 1: Prepare Your Information Before You Start

Before filling the form, gather key documents and details so you can complete the form accurately:

• Your conditional Green Card
• Personal identification details (A-Number, date of birth, etc.)
• Your spouse’s information (if filing jointly)
• Children’s information (if applicable)
• Contact details and current address
• Any legal documents needed for waivers (divorce decree, death certificate, etc.)

Step 2: Part 1 — Information About You

What to fill:

• Full legal name (family name, given name, middle name) – Enter your name exactly as it appears on your Green Card
• Date and place of birth
• Country of birth and country of citizenship
• Alien Registration Number (A-Number) which is on your Green Card

Step 3: Part 2 — Biographic Information

This section asks for details about your physical characteristics and background:

• Ethnicity and race
• Height, weight, eye color, hair color
• Residential addresses since becoming a conditional resident

Step 4: Part 3 — Basis for Your Petition

Here you tell USCIS why you are filing:

• Check the box for joint filing with spouse if you are filing together
• If filing without your spouse, indicate why you need a waiver of the joint filing requirement (e.g., divorce, abuse, death of spouse)

Be sure to attach evidence for any waiver claim you make.

Step 5: Part 4 — Information About Your Spouse or Former Spouse

Complete this even if you are filing a waiver:

• Spouse’s full name
• Date of birth and country of birth
• A-Number (if available)

If your spouse is deceased, this section helps USCIS understand your situation.

Step 6: Part 5 — Information About Your Children

List any children who:

• Are applying with you to remove conditions, or
• Were listed on your original conditional Green Card

For each child, include:

• Full legal name
• Date of birth
• Country of birth

If a child is not applying with you, but is listed for reference, indicate that clearly.

Step 7: Part 6 — Accommodations for Disabilities or Impairments

If you need special help (like an interpreter or accommodation during an interview), check the appropriate box and describe your needs.

Step 8: Part 7 — Applicant’s Statement and Signature

This part is critical:

• Read the statement carefully
• Provide your contact information
• Sign and date the form

Your signature certifies that all information is truthful and correct.

Step 9: Part 8 — Spouse’s Statement (Joint Filings)

If filing jointly:

• Your spouse must fill out Part 8
• Provide their contact information
• Spouse signs and dates the form

Both signatures are required for joint petitions.

Step 10: Parts 9 & 10 — Interpreter & Preparer Information

If someone helped you fill the form:

• An interpreter who translated for you fills Part 9
• A preparer (like an attorney or assistant) fills Part 10

Include names, contact information, and signatures where required.

I-751 Documents Checklist (Overview)

When you submit Form I-751, USCIS requires supporting documents to confirm that your marriage was entered into in good faith and that you continue to qualify for permanent residence.

The exact documents you need depend on:

• Whether you are filing jointly with your spouse
• Whether you are requesting a waiver
• Whether you are filing late or under special circumstances

Submitting clear, relevant evidence is essential to avoid delays or a Request for Evidence (RFE).

Basic Documents Most Applicants Must Include

In general, USCIS expects applicants to submit:

• Copies of Green Cards
  Front and back copies of your conditional Green Card, and copies for any children included in the petition.
• Proof of a Bona Fide Marriage
  Documents showing your marriage was real and not solely for immigration purposes. This may include evidence of:
  • Shared residence
  • Joint finances
  • Children born during the marriage
  • Family life together

USCIS prefers copies, not original documents, unless specifically requested.

Additional Documents Based on Your Situation

Some applicants must submit extra documentation, depending on how they are filing:

• If you are not filing jointly, USCIS requires evidence explaining why, such as proof of divorce, death of a spouse, abuse, or extreme hardship.
• If you are filing late, you must include a written explanation showing good cause for the delay.
• If you have a criminal history, USCIS may require certified court records.
• If filing from overseas due to military or government service, additional identity and service-related documents may be required.

The type and amount of evidence can significantly affect how USCIS processes your case.

How USCIS Reviews Your Documents

USCIS officers review your documents to determine whether:

• Your marriage was genuine
• The information matches your Form I-751
• An interview or additional evidence is needed

Well-organized, clearly labeled evidence can reduce processing delays and improve your chances of approval.

I-751 Filing Fees

The Form I-751 filing fee is $750, which includes the biometrics fee. This fee must be paid when you submit your petition to USCIS.

Accepted Payment Methods

You can pay the filing fee using:

• Money order
• Personal check
• Cashier’s check
• Credit card (by filing Form G-1450 with your application)

Make checks payable to “U.S. Department of Homeland Security.” Do not use abbreviations like “USDHS” or “DHS.” For a full breakdown of current USCIS filing fees, payment methods, and fee waiver eligibility, see our complete USCIS filing fees guide.

Fee Waiver Option

You may be eligible for a fee waiver if you can show:

• Low household income
• Receipt of means-tested public benefits
• Financial hardship

To request a waiver, file Form I-912 with supporting financial documents.

Tip: USCIS will reject your application if the payment is incorrect or missing, which can cause serious delays.

I-751 Filing Address

The mailing address for Form I-751 depends on where you live and whether you are using U.S. Postal Service (USPS) or a courier service like FedEx or UPS.

Because USCIS frequently updates filing addresses, you should always:

• Check the official Form I-751 instructions
• Verify the correct Lockbox address on the USCIS website before mailing

Sending your petition to the wrong address can result in rejection or long delays.

Best practice: Double-check the address on the same day you mail your application.

What Happens After You File Form I-751?

After submitting Form I-751, your case goes through several stages. Here’s what to expect:

1. Receipt Notice (Form I-797)

USCIS will mail you a receipt notice confirming your petition was received. This notice extends your conditional green card validity beyond the expiration date.

You must carry:

• Your expired or expiring green card
• Your I-751 receipt notice

Together, they prove your lawful permanent resident status.

2. Processing Wait Time

Form I-751 processing times vary by USCIS service center and can take many months or even years.

If your receipt extension expires before a decision is made:

• Your status does NOT expire
• You can request an I-551 stamp in your passport for proof of status

You may continue to:

• Live in the U.S.
• Work legally
• Travel internationally (avoid trips longer than one year)

3. USCIS Review & Request for Evidence (RFE)

USCIS reviews your application and supporting documents. If something is missing or unclear, they may issue a Request for Evidence (RFE).

An RFE will:

• Delay your case
• Require additional proof within a strict deadline

Submitting a complete and well-organized petition helps avoid RFEs.

4. Biometrics Appointment

Most applicants are scheduled for a biometrics appointment, where USCIS collects:

• Fingerprints
• Photograph
• Signature

Missing this appointment can cause delays or denial.

5. Interview (If Required)

USCIS may require an in-person interview to confirm the marriage is genuine.

While interviews were once commonly waived, many applicants are now interviewed, especially if:

• Evidence is limited
• A waiver was requested
• There are inconsistencies in the application

6. Approval & 10-Year Green Card

If your petition is approved:

• USCIS will mail an approval notice
• You will receive a 10-year permanent green card

You must renew this green card before it expires, but you will no longer need Form I-751 again.

Form I-751 Processing Times

The processing time for Form I-751 varies widely and depends on:

• The USCIS service center handling your case
• Application volume
• Whether additional evidence or an interview is required

While processing times have increased, your conditional residency is automatically extended while your case is pending.

You can:

• Track your case status online
• Check average processing times by service center
• Contact USCIS if your case goes far beyond normal timeframes

For a detailed breakdown by service center and real timelines, see our full guide on Form I-751 Processing Times.

FAQs on Form I-751