Form I-751 Removal of Conditions of Residence Guide: Application Process, Timeline, Conditions, and More
A conditional green card is a provisional two-year green card issued to people who obtained permanent resident status within the first two years of marriage to a U.S. citizen/green card holder. Form I-751, the petition you file with USCIS to remove the residence conditions from your green card, is the application used by conditional green card holders to remove these conditions and obtain a full ten-year green card.
This guide will walk you through everything you need about Form I-751, including eligibility requirements, the filing window, step-by-step application instructions, the I 751 processing time and timeline, the I-751 documents checklist and necessary supporting documentation, and more.
While you might think this petition is like all other USCIS forms and applications, things are a bit different with this one. The I-751 application is not a complicated process per se, but it requires your full attention. So, let’s begin, shall we?
Understanding What Is Form I-751: Why Should You Remove Residence Conditions on Your Marriage-Based Green Card?
If you got a green card through marriage to a U.S. citizen or LPR, you might hold a conditional green card. This is different from a standard 10-year green card. Form I-751: Petition to Remove Conditions, is the key to transitioning your temporary green card to a permanent one.
Let’s break it down. A conditional green card, a CR-1 visa, is valid for only two years. This two-year period allows USCIS to assess the legitimacy of your marriage. Form I-751 is your chance to demonstrate that your marriage is bona fide (real) and not just a means to obtain a green card.
By filing this petition within the designated filing window, USCIS will review the information you provide to determine if the conditions on your residency can be removed. If your application is successful, you’ll be granted a standard ten-year green card, paving the way for eventual U.S. citizenship (if you choose to pursue that path).
Now you know what form I-751 is. Do you want to know why it is vital to all conditional green card holders?
Filing Form I-751 on Time is Crucial to Avoid Deportation Problems
For conditional green card holders, filing Form I-751 is essential. It’s not just a formality – it’s the key to securing your permanent residency status in the United States.
Failing to file Form I-751 can lead to severe consequences. If you miss the deadline and don’t have a valid reason, USCIS can initiate deportation proceedings. This could result in losing your green card and being removed from the U.S.
On the other hand, an approved I-751 petition grants you the peace of mind of a permanent green card. This means you can legally live and work in the United States without worrying about expiring residency status.
In short, filing Form I-751 on time with the necessary evidence is vital in solidifying your permanent residency in the United States. Don’t risk jeopardizing your future – follow the instructions and deadlines carefully!
IMPORTANT! Even if your marriage has ended since you received your conditional green card, you may still be eligible to remove the conditions. However, you’ll need to provide compelling evidence to USCIS that your initial marriage was genuine at the time. We’ll explore these scenarios and the required documentation in more detail throughout this guide.
Form I-751: Who Is the Petitioner?
This is where I 751 gets a little tricky. Most USCIS forms have one petitioner (the beneficiary of an immigration benefit). With removing green card conditions, Form I-751 is often a joint petition.
If you and your spouse are still married, there’s a specific way to remove the residence conditions on your green card. You’ll need to work together to file the I-751 with USCIS. By filing this form jointly with your spouse, you demonstrate to USCIS that your marriage is real and remains a valid basis for your permanent residency in the United States.
Exceptions to Jointly Filing Form I-751
While usually you’d file Form I-751 together with your U.S. citizen or green card holder spouse, there are situations where filing on your own is possible. Here are the exceptions that allow you to remove the conditions on your green card even without your spouse’s involvement:
- Death of your spouse: If you entered the marriage with genuine intentions (good faith) but sadly your spouse passed away, you can still file Form I-751 by yourself.
- Divorce or annulment: If your good faith marriage unfortunately ended in divorce or annulment, you can still petition to remove the conditions on your green card. You might want to hire a lawyer for this, though.
- Domestic abuse: If you entered the marriage with good faith but have experienced violence or severe emotional cruelty (battered or subjected to extreme cruelty) by your U.S. citizen or green card holder spouse, you may be eligible to file Form I-751 on your own.
- Child of an abused parent: If you are the child of a conditional resident parent who entered the marriage in good faith but has suffered abuse from their U.S. citizen or green card holder spouse (or even from your conditional resident parent themselves), you may be able to file Form I-751 on your own.
- Extreme hardship: In some exceptional cases, if removing your conditional resident status and deporting you from the United States would cause extreme hardship, you may be able to file Form I-751 on your own and request a waiver of the joint filing requirement. This hardship could be due to reasons like having a severe illness in the U.S. that you can’t get proper treatment for elsewhere or having minor U.S. citizen children who would face extreme hardship if separated from you.
IMPORTANT! When filing without your spouse due to situations like abuse or hardship, you’ll need to provide significant compelling documentation to support your claims. At this point, working with an immigration lawyer or immigration online service providers and consultants is mandatory to meet the burden of proof.
I-751 Petition Eligibility Criteria: Who Can File the Form?
Not everyone with a green card needs to file Form I-751. To be eligible, you must meet the following I-751 petitioner requirements:
- You must hold a conditional green card (a two-year green card obtained through marriage to a U.S. citizen or lawful permanent resident).
- Ideally, you can file Form I-751 with your American (citizen/LPR) spouse.
- You are one of the exceptions to the joint filing mentioned above for filing I 751 independently.
- Suppose you have children who also received conditional green cards with you (or within 90 days of yours). In that case, you can also include their information on your Form I-751 application to remove the conditions on their residency. However, this only applies if they received their conditional status simultaneously or close to yours. If the timing is different, or if the conditional resident parent has passed away, then each child must file their own I-751 petition.
When Should I File the I-751 Removal of Conditions Application?
We mentioned deadlines, filing windows, and “critical” a few times now, so let’s see what is so vital about filing Form I-751 on time. This section will explain the different filing windows depending on your situation.
I-751 Filing Deadline When Filing Jointly with Your Spouse
If you’re happily married and filing with your U.S. citizen or green card holder spouse, there’s a specific window to remember. You must file Form I-751 during the 90 days before the expiration date printed on your conditional green card. This is your chance to demonstrate to USCIS that your marriage is genuine and that you qualify to remove the conditions on your residency.
Imagine your green card expires on December 31st, 2024. The ideal filing window to remove the conditions would be between October 2nd, 2024, and December 31st, 2024 (inclusive). While USCIS might accept I-751 petitions mailed slightly earlier, petitions submitted more than 90 days before the expiration date will likely be rejected.
Your residency status becomes vulnerable if you and your spouse don’t file Form I-751 within this window, and your conditional green card expires. In this case, USCIS can initiate deportation proceedings, and they are no joke.
IMPORTANT! In limited situations, USCIS may consider a late Form I-751 petition even if your conditional green card has expired. However, this is rare and requires a robust explanation for the delay. You must submit a detailed letter outlining why you couldn’t file on time. USCIS will only consider such requests in “extraordinary circumstances” beyond your control, where the delay was unavoidable and reasonable.
I-751 Deadline When Filing on Your Own (Waiver or Individual Filing)
As we said above, there are situations where filing together with your spouse isn’t possible.
Unlike filing jointly, when you file on your own due to reasons like abuse or hardship, there’s no specific deadline. You can submit Form I-751 any time after you receive conditional residency status and before you are removed from the United States. However, it’s still wise to file as soon as possible to avoid unnecessary delays or complications with your case.
IMPORTANT! Knowing your conditional green card’s expiration date is crucial for filing Form I-751 on time. Luckily, finding this date is as easy as pie. Look at the front of your green card – the expiration date is marked alongside other biographical information like your name, date of birth, and alien registration number. It will typically be labeled “Card Expires” and include a month, day, and year. Note this date carefully, as it determines the 90-day window when you can file Form I-751 to remove the residence conditions on your green card.
Where to File Form I-751 to Remove Conditions from Your Green Card?
If you wonder whether you can file an I-751 petition online, the answer is no.
While you can’t electronically submit Form I-751, resources are still available to help you prepare it accurately. Online services like ours can guide you through the process, ensuring you fill out the form correctly and include all necessary information.
Here’s the key takeaway: Don’t get hung up on waiting for an online filing option. Focus on putting together a well-organized and complete petition package. A well-prepared application is far more likely to be processed quickly by USCIS, potentially saving you weeks than a messy or incomplete submission.
First, check out our I-751 form service to ensure you prepare an error-free application with no missing or conflicting data, logical information structuring, and no typographical errors that could delay form processing.
Then, head over to the USCIS webpage “Direct Filing Addresses for Form I-751” to find the mailing address for your specific situation to ensure your petition reaches the appropriate USCIS office for processing.
What Documents Do You Need to File I-751 with USCIS?
When filing Form I-751, the required documents vary depending on your situation. There is a lot of evidence you should gather and verify, so let’s see the I-751 documents checklist for each type of situation. Before you fill out and submit your I-751 form, carefully review the required supporting evidence listed by USCIS. Don’t send original documents unless the form instructions or official immigration rules specifically ask you to!
The I-751 Documents Checklist When You File Jointly with Your Spouse
Document category
Basic information
Criminal history (if applicable)
Description
Copies (front & back) of your Green Card
Copies (front & back) of Dependent Children's Green Cards (if applicable)
Details/documents related to any past arrests or convictions
Explanation
Provide clear copies of both sides of your Permanent Resident Card.
If your children also have conditional green cards, include copies of both sides of their cards.
Disclose any criminal charges, arrests, or convictions.
Evidence of Bona-Fide Marriage
This is the most crucial section. Gather as much documentation as possible to demonstrate a genuine marriage!
Document category
Joint financial records
Shared living arrangements
Evidence of social ties
Other evidence
Description
Copies of joint bank statements, credit card statements, or mortgage statements
Copies of joint tax returns
Copies of joint lease agreements or utility bills
Mail received jointly
Photos of you and your spouse together, with family and friends
Affidavits (sworn statements) from friends or family attesting to the legitimacy of the marriage
Wedding invitations, announcements, or photos
Explanation
Show proof of shared financial obligations.
Tax filings filed jointly strengthen your case.
Document that you share a residence.
Letters or other mail addressed to both you and your spouse at the same address.
Provide pictures that depict your life as a couple throughout the marriage.
Letters from people who know you both as a couple can be helpful.
Any documentation related to your wedding ceremony can be included.
Additional I-751 Documents Required for Joint Filing Depending on Certain Situations
While filing Form I-751 jointly with your spouse is the most common scenario, there are additional documents you may need depending on your situation. The following checklist outlines these documents and clarifies when to file them, whether for a late application, a waiver due to separate filing from a parent, criminal history disclosure, or overseas military deployment.
Document category
Additional evidence (if applicable)
Description
Explanation for late filing (if filing after the deadline)
Explanation for filing separately from parent (if applicable)
Explanation
If you're filing late, provide a clear explanation for the delay.
Explain why you are filing separately from your primary conditional resident parent.
The I-751 Documents Checklist When You File Alone Due to Spouse's Death
This checklist is similar to the Filing Jointly I-751 required evidence list with the addition of a document proving your spouse’s death.
Document category
Basic information
Evidence of relationship
Spouse's Death Certificate
Explanation for filing separately (if applicable)
Criminal history (if applicable)
Description
Copies (front & back) of your Green Card and copies (front & back) of your dependent kids' Green Cards (if applicable)
Documents demonstrating a good faith marriage (same as the Filing Jointly checklist)
Certified copy of your spouse's death certificate
Describe your current situation to USCIS in a letter
Details/documents related to any past arrests or convictions
Explanation
Include documentation similar to what a joint filing would require.
Include documentation similar to what a joint filing would require.
This document is essential to prove your spouse is deceased.
Briefly explain why you are filing on your own.
Disclose any criminal charges, arrests, or convictions.
The I-751 Documents Checklist When You Waiver the Joint Filing Due to Divorce or Annulment
This list adds documents related to your good-faith marriage and its termination.
Category
Basic information
Evidence of relationship
Evidence of relationship-ending circumstances
Marriage termination
Criminal history (if applicable)
Description
Copies (front & back) of your Green Card
Copies (front & back) of Dependent Children's Green Cards (if applicable)
Documents demonstrating a good faith marriage (same as Filing Jointly checklist)
Documentation demonstrating the circumstances surrounding the termination of the marriage.
Final divorce decree or annulment decree
Details/documents related to any past arrests or convictions
Explanation
Provide clear copies of both sides of your Permanent Resident Card.
If your children also have conditional green cards, include copies of both sides of their cards.
Include documentation similar to what a joint filing would require, such as joint financial records, shared living arrangements, evidence of social ties, and wedding documents.
If you are applying for a waiver based on the reasons for the divorce (such as adultery, abuse, abandonment, etc.), you must submit evidence to support your claim. This could include police reports, court orders, witness affidavits, or other documents that detail the circumstances leading to the end of the marriage.
This document officially ends your marriage.
Disclose any criminal charges, arrests, or convictions.
The I-751 Documents Checklist When You Waiver the Joint Filing Due to Abuse
USCIS allows you to file Form I-751 on your own (with a waiver) if you experienced domestic violence in your marriage. While USCIS offers some general guidance, it has the ultimate discretion in determining credible evidence and how much weight it carries in its decision.
Category
Basic information
Evidence of relationship
Evidence of abuse
Marriage termination (if applicable)
Additional documents (if applicable)
Criminal history (if applicable)
Description
Copies (front & back) of your Green Card
Copies (front & back) of Dependent Children's Green Cards (if applicable)
Documents demonstrating a good faith marriage (same as Filing Jointly documents checklist)
Police reports, medical records, court orders, witness affidavits
Final divorce decree or annulment decree
Explanation for filing separately (if applicable)
Details/documents related to any past arrests or convictions
Explanation
Provide clear copies of both sides of your Permanent Resident Card.
If your children also have conditional green cards, include copies of both sides of their cards.
You'll need to include documentation similar to what a joint filing would require, such as joint financial records, shared living arrangements, evidence of social ties, and wedding documents. This is to show your marriage was genuine and not entered into solely to obtain immigration benefits.
This is the most crucial part of your application. Gather any documentation that proves you were battered or subjected to extreme cruelty by your spouse or your child's conditional resident parent. Examples include police reports filed for domestic violence incidents, medical records showing injuries sustained from abuse, court orders of protection, or sworn statements (affidavits) from witnesses who can corroborate the abuse.
If your marriage ended in divorce, and the grounds for divorce were domestic violence or cruelty, include a copy of the final decree.
Briefly explain why you are filing independently and why you qualify for a waiver of the joint filing requirement.
Disclose any criminal charges, arrests, or convictions.
Form I-751 Document Checklist Required If You Waive the Joint Filing Due to Extreme Hardship
When filing Form I-751 on your own (with a waiver) because extreme hardship would result from your removal from the U.S., you also must submit specific documentation to support your case.
Document category
Basic information
Evidence of extreme hardship
Additional documents (if applicable)
Criminal history (if applicable)
Description
Copies (front & back) of your Green Card
Copies (front & back) of Dependent Children's Green Cards (if applicable)
Compelling documentation demonstrating significant negative consequences if you are removed from the U.S.
Explanation for filing separately (if applicable)
Details/documents related to any past arrests or convictions
Explanation
Provide clear copies of both sides of your Permanent Resident Card.
If your children also have conditional green cards, include copies of both sides of their cards.
This is the most crucial part of your application. Gather strong evidence that shows the exceptional hardship you or your qualifying relatives (such as U.S. citizen spouse or children) would face if you were deported. Examples may include medical conditions requiring specialized treatment only available in the U.S., proof of your child's deep integration into the U.S. school system, or documentation of extreme financial hardship for your U.S. citizen spouse if you were removed.
Briefly explain why you are filing independently and why you qualify for a waiver of the joint filing requirement.
Disclose any criminal charges, arrests, or convictions.
Form I-751 Document Checklist Required If You Apply Outside the United States
Besides the standard documents required for each filing category (joint filing, death of spouse, etc.), there are a few extra requirements if you are submitting your Form I-751 from outside the United States because you, your spouse, or your stepparent is stationed abroad on active military or government orders. They are required in addition to the documents needed for your specific filing category.
Category
Biometrics
Military/Government status
Description
Two passport-style pictures for each petitioner and dependent (regardless of age)
Two completed Form FD-258 Fingerprint cards for every petitioner and dependent 14 to 79 years.
A copy of current military or government orders
Explanation
You and any dependents filing with you must submit two recent passport-style photographs that meet USCIS specifications. Age is not a factor - everyone needs a photo.
All petitioners and dependents between 14 and 79 must submit completed fingerprint cards (Form FD-258). These fingerprints will be used for background checks.
Include a copy of your current active military or government orders to demonstrate your reason for filing outside the U.S.
How to File Form I-751 to Remove Conditions on Residence from Your Green Card: A Step-by-step Guide
Let’s see how to fill out Form I-751, Petition to Remove Conditions on Residence, one section at a time. As general application tips go, keep in mind the following:
- If you fill the form by hand, use black ink.
- Use “N/A” for inapplicable questions and “None” instead of zero for some answers.
- Attach extra sheets with your Alien Registration number, form page number, part number, and item number if needed. Sign and date each extra sheet.
- A complete and certified English translation must accompany any documents in a foreign language.
- Include the current USCIS filing fee with your petition (more on that in a moment). You can pay using a personal check, money order, cashier’s check, or Form G-1450 for credit card payments.
- Submit photocopies of all supporting documents unless USCIS specifically requests the originals.
Part 1: Your Information
This section covers your biographical information.
Question 12 asks for your “place” of marriage, meaning the city, state (if in the U.S.), and country. Question 14 asks about your conditional residence expiration date, two years after receiving your green card.
For questions about criminal activity, consult with a lawyer specializing in criminal law if unsure about your answer.
Parts 2 & 3: Ethnicity and Basis for Petition
In Part 2 of the form, USCIS will ask you to identify your ethnicity. Their definition of Hispanic/Latino includes people with Cuban, Puerto Rican, Mexican, South or Central American heritage or those with roots in other Spanish cultures.
Part 3 asks why you’re filing. If you’re still married to your cooperating U.S. citizen spouse, mark box 1.a. and leave the rest of this section blank.
Parts 4 & 5: Spouse and Children Information
Part 4 collects information about your U.S. citizen or lawful permanent resident spouse. Ideally, the address matches yours if filing jointly.
Part 5 asks about your children. If your child received a conditional green card within 90 days of yours, check “yes” so they don’t need a separate I-751.
Part 6: Accommodation Requests
Use Part 6 to request accommodations for disabilities or impairments, such as needing a sign language interpreter for your interview.
Parts 7 & 8: Signatures and Acknowledgements
Part 7 includes essential information for you to read before signing. Provide accurate contact details and information about anyone who helped you prepare the form (attorney or not). Sign and print your name in the designated box.
Part 8 is for your spouse’s signature and printed name in the designated box.
Parts 9 & 10: Interpreter and Preparer Information
These parts are for your interpreter (if needed) and the person who helped you complete the form (such as your lawyer). They will need to complete their designated sections.
This is the short version of the filling guide. Form I-751 has 11 pages, and you must pay close attention to each box, bracket, line, number, and fine print. Don’t forget: if you need help, we are here to assist you in completing an error and stress-free application to maximize your chances of approval and avoid delays.
How Long Does It Take to Remove the Conditions on My Green Card? I-751 Processing Time and Timeline
After submitting your Form I-751, you’ll receive a mail notification (Form I-797) confirming receipt. This receipt serves two purposes:
- It extends your Green Card validity. You can use it with your current green card to prolong its legitimacy for up to 18 months beyond the original expiration date.
- It shows proof of residence. If you need to confirm your U.S. residency during this waiting period, show your green card and the receipt.
Understanding I 751 Processing Time
I-751 processing times constantly change and depend on the USCIS office handling your case. You must check the USCIS website for current wait times, sometimes exceeding 3 years. This means your green card might not be permanent before the extended validity date on your receipt.
For example, on the USCIS processing times page, you will learn that 80% of all I-751 applications and cases are solved in 32 months across all field offices. On the other hand, the California Service Center solves your conditions removal petition in 24 months (in 80% of cases). In contrast, the Nebraska Service Center boasts an average of 17 months to solve 80% of all I-751 cases.
Here’s the good news: even if your green card doesn’t become permanent before the extension expires, your status remains lawful! Your green card validity is automatically extended until a decision is made on your I-751 petition. This allows you to continue living, working, and traveling freely within the U.S.
If you need additional proof of residence during the processing period, you can contact USCIS to request a passport extension stamp appointment.
I-751 Processing Timeline
To avoid delays, ensure your Form I-751 is complete and includes all required documentation. However, it doesn’t end here. USCIS may request additional evidence if parts of your application are missing, further extending the processing time.
I-751 Biometrics Appointment
After reviewing your application, USCIS will send details of your biometrics appointment (fingerprints and photos). This is a crucial step, so don’t miss it.
Removal of Conditions on Your Green Card Interview
While interview waivers were once common when applicants provided clear proof of a bona fide marriage, most conditional green card holders can now expect an in-person interview with a USCIS official under the updated guidelines implemented in late 2018.
If all goes well and your application is approved, it is time to wait. Of course, you can track your I 751 application status with USCIS.
Tracking Your I-751 Petition Status
Once you’ve submitted your Form I-751, it’s natural to be curious about its progress.
Use the USCIS online case status tracker. You’ll need your application number, email address, and full name to log in to your USCIS account. Once logged in, select “I-751 Remove Conditions” under “case type.” The tracker will display the current status of your petition.
How Much Does the I-751 Green Card Conditions Removal Form Cost?
The I-751 form fee is $750 for general applications.
There is no filing fee for Form I-751 if you are a spouse, conditional permanent resident, or child filing an I-751 waiver of the joint filing due to abuse, battery, or extreme cruelty.
What Happens After Your I-751 is Approved?
Congratulations! Receiving an approval notice for your I-751 petition signifies a successful transition from conditional to permanent resident status. Here’s what you can expect next:
New Green Card
USCIS will send you your green card, valid for ten years, by mail. The new one replaces your previous conditional green card. Remember, like all green cards, it will eventually expire and need renewal.
Naturalization Eligibility
The time you spent as a conditional resident generally counts towards the residency requirements for U.S. citizenship. This means you might be eligible to apply for naturalization even before you receive your new green card.
Naturalization with I-797 Receipt
If you find yourself in this situation, you can submit a copy of your I-797 receipt (the I-751 approval notice) and your Form N-400 application for naturalization. This allows you to request that USCIS process both applications simultaneously. This can potentially expedite your path to becoming a U.S. citizen.
Can USCIS Deny Your I-751 Petition?
Unfortunately, there are situations where USCIS may deny your Form I-751 petition. Here are some of the most common reasons for denial:
Fraudulent Marriage or Annulment
If, within the two-year conditional period, USCIS discovers evidence that the marriage was entered solely to obtain a green card (marriage fraud) or has been legally terminated by a court (judicial annulment), your petition will be denied. Additionally, if USCIS finds evidence that you paid someone to file another immigration application, your I-751 will likely be rejected.
Missed Interview or Late Filing
Failing to attend a scheduled interview or not filing a joint I 751 petition (if applicable) within the designated timeframe can also lead to denial.
False Information
Submitting an I-751 application containing inaccurate or misleading information is a severe offense and will result in denial.
What Happens After the I-751 Denial?
If your I-751 is denied, USCIS will send you a Notice to Appear in immigration court. This initiates removal proceedings, meaning you must appear before a judge to argue your case against deportation.
How to Fight an I-751 Denial
If you believe the denial is wrong, you have options. One approach is to submit a new I-751 petition based on different grounds for obtaining permanent residency. While USCIS is considering your new petition, you can also file a motion with the immigration court to request a continuance (postponement) of your removal proceedings.
If your new I-751 petition is approved, you can file another motion with the immigration court to request termination of the removal proceedings. A successful motion would allow you to remain legally in the U.S.
If your second I-751 petition is also denied, the immigration judge will ultimately decide whether the denial was justified. The good news is that your conditional resident status will remain valid until the outcome of your court case.
Considering Legal Counsel in I-751 Form Denials
Immigration proceedings are highly complex. Throughout this process, hiring an attorney specializing in immigration law is highly recommended. Their expertise can be invaluable in successfully navigating the legal system and advocating for your rights.
Are You Ready to Submit Your I-751 Application to Remove Conditions from Your Green Card?
Is your green card approaching its two-year anniversary? Don’t wait until the last minute to secure your permanent resident status! Processing times for Form I-751 are lengthy, so it’s best to submit your application well in advance. Our experienced ImmigrationDirect specialists are here to help you go through the process successfully.
We understand that filing Form I-751 is overwhelming. It can get even more complex than requesting a green card through AOS. But don’t panic! We can help you determine your eligibility and provide a comprehensive document checklist. Our team will also guide you through the process, ensuring your application is complete and error-free. This will minimize the risk of delays and potential denial, which could lead to deportation proceedings.
Let us take the pressure off! We’ll equip you with the knowledge and support you need to confidently remove the conditions on your green card and continue your journey toward U.S. citizenship!
