What Is Form I-751?
The Form I-751 is commonly referred to as the “Petition to Remove Conditions of Residence.”
If you are currently a U.S. conditional resident based on either you or a parent’s marriage to an American citizen, your conditional resident status will only last for two years. Towards the end of the initial two-year period, you will have to fill out Form I-751 to ask U.S. Citizenship and Immigration (USCIS) to remove the conditions that are making you a permanent resident. This is done by granting you a regular 10-year green card.
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Form I-751 Requirements
If you have been assigned a conditional green card, you are obligated to file Form I-751 before the two year anniversary of your green card approval.
Typically, your spouse who originally sponsored your green card will have to file Form-I751 jointly with you. But, if that’s not possible in the event of divorce or death, you can file Form I-751 individually.
When Should Form I-751 Be Filed?
It’s important that you file Form I-751 on time or else you risk having your permanent resident status revoked.
If your conditional green card has already reached its expiration date, the government may make an exception and allow you to file your I-751 Form after your green card has expired. But you will have to write a letter explaining why you didn’t file sooner, and requests are mostly only approved if the applicant can prove “extraordinary circumstances” beyond their control that caused the delay. Regardless, there is no delay that your form will be approved if it’s late, so you should never count on that option and instead make sure you are organized and on time.
What Documents Are Needed To File Form I-751?
In order to file your Form I-751, you will need a copy of your current green card, and you must be able to prove your marriage is legitimate. The documents you will need to support your Form I-751 include:
- Copies of your green card
- If you are filing late, a letter explaining your reason.
- If you are filing while you are overseas due to military or government service, you will need to submit an additional two passport-style photos, Form Form FD-258 fingerprint cards, and a copy of your current military or government orders. You should also write “ACTIVE MILITARY” or “GOVERNMENT ORDERS” on the top of your Form I-751.
Copies Of Current Green Card
You must send along copies of both sides of your current green card as well as copies of the front and back of the green cards of any children included on your I-751 Form.
Evidence Of Good Faith Marriage
A marriage certificate alone won’t suffice to prove that your marriage is legitimate. You must also submit evidence that indicates that you entered with “good faith” into the marriage upon which you were granted conditional status upon.
There is no setlist of documents to prove your marriage is legitimate. But, an experienced attorney can work with you to compile the documents that have worked for their clients in the past and advise you of what to include. Some of the documents to show the legitimacy of your union may include:
- Birth certificates of any children born to the marriage
- Lease or mortgage contracts that show joint occupancy/ownership
- Joint bank, investment, and other financial statements
- Photographs of you and your partner together and your children
- Affidavits
In a nutshell, the purpose of these documents is to prove you got married for love and not for immigration purposes, and that you plan to stay in the marriage for the rest of your life.
Details Of Any Criminal Convictions
If applicable, you will also need to include details surrounding any criminal charges or convictions against you since you became a green cardholder. This is another area where the expertise of an immigration attorney is extremely valuable to help you craft the letter in the best way for your case.
How To Complete Form I-751
To complete your Form I-751, you must print it out and fill out all applicable sections, including:
- Information about you:Basic personal information, including your name, address, marital status, your Alien Registration Number etc.
- Biographic information:Here you will be asked personal details like your height, weight, ethnicity, and eye color.
- Basis for Petition:If you are filing jointly with your spouse or parent, you will need to check the box that says “Joint filing.” If you can’t file jointly, you will need to check the box and explain why your spouse is not filing with you.
- Information about your suppose and kids
- Accommodations for people with disabilities and impairments:If there are any disabilities or impairments you need accommodation for, let USCIS know here.
- Applicant and spouse acknowledgments and signatures:In this part, you and your spouse will verify all information is correct and then sign off on your declaration.
- Interpreter and preparer information:If an attorney, interpreter, or anyone else helped you complete your form, fill their information in here.
Where to Send Form I-751
U.S. Postal Service (USPS):
USCIS
P.O. Box 21200
Phoenix, AZ 85036
FedEx, UPS, and DHL deliveries:
USCIS
Attn: I-751
1820 E. Skyharbor Circle S
Suite 100
Phoenix, AZ 85034
Let us Help You Upgrade to a Full 10-Year Green Card
If you have any questions about Form-I751, contact Attorney Eric Price. We know immigration law and processes like the back of our hands and are here to guide our clients through all of the paperwork, documents, and anything else they need for the best outcome for their case. Contact us today at 1.855.662.2772. We believe that the American Dream should be made possible for all. Our firm is proud to bring a wealth of experience, knowledge, and integrity to immigrants in the United States and abroad.
Frequently Asked Questions About Form I-751
What is Form I-751 Used For?
Form I-751 is used to remove the conditions on marriage-based green cards and approve the petitioner a 10-year green card that replaces their current two-year, conditional green card.
When Should Form I-751 Be Filed?
Form I-751 should be filed as the two-year anniversary of the conditional green card approaches.
How Long Does it Take for I-751 to Get Approved?
Processing times vary. But, typically, USCIS makes a decision on I-751 Forms within 12-18 months of accepting the form.
Does I-751 Require an Interview?
An interview is not required in the following circumstances:
- The officer is able to make a decision based on the record because it contains sufficient evidence about the legitimacy of the marriage.
- There is no indication of fraud or misrepresentation in the form or supporting documents.
- There are no complex issues or factors that require an interview to resolve.
How Much Does Form I-751 Cost?
Form I-751’s filing fee is $595. A biometric services fee of $85 is also required for petitioners.
What Happens After Filing Form I-751?
Within three weeks of submitting your I-751 Form, you should receive a receipt in the mail confirming your form has been received by USCIS and is now undergoing processing. This receipt, also called Form I-797 also serves as an extension to your conditional residence for up to one year while your Form I-751 is being processed.
What Happens If Your I-751 Is Denied?
Unfortunately, you can’t directly appeal the denial of an I-751 petition and your denial may be accompanied by a notice to appear in immigration court for removal proceedings (deportation). In this case, you should contact an immigration attorney immediately who can help guide you through the process and secure a favorable outcome.
What Happens If I Get A Divorce?
If you are divorced, the USCIS may ask for proof of divorce. If you need to file the I-751 while separated and your spouse is not willing to file with you, you will have to petition alone by submitting a waiver for the joint filing requirement that proves the marriage did not end on your account and that the marriage was legitimate from the beginning.
Can I File I-751 By Myself?
Yes. You can fill the form any time after you have received conditional residence. If your marriage ends because of divorce or death, you will file the form alone. You must explain why your spouse is not filing with you.
