Form I-751: Remove Conditions on Residence

If you have a conditional green card as a result of your marriage, you will be legally required to file Form I-751 to remove conditions on your green card. Failing to do so before your conditional green card expires may cause you to lose your conditional residency.

After this happens, regaining entry into the U.S. may require you to jump through several daunting legal hurdles. In worst-case scenarios, the USCIS may revoke any possibility of legal reentry, which is one of the many reasons it is critical to work with an experienced immigration attorney to ensure you meet crucial I-751 filing requirements and guidelines.

This article will explain everything you need to know about I-751 filing requirements and guidelines, including steps to filing, the processing timeline, and other legal considerations.

Feeling uncertain about your I-751 application? Don’t risk your future in the U.S. by failing to reach out for help. Contact Naya Immigration to schedule a consultation today.

Before beginning the Form I-751 filing process, it’s important to double-check whether or not you’re required to do so. Generally speaking, you will need to file Form I-751 (also known as an I-751 petition) if you married a U.S. citizen or permanent resident within the two years prior to receiving your green card. This is also the case if you marry a U.S. citizen or permanent resident after entering the U.S. on a temporary or work visa.

In most situations, green card holders with conditions must submit a Form I-751 to the USCIS in the 90-day period prior to their conditional visa expiration date—not before, and under no circumstances, after. The expiration date of a conditional green card will typically be two years from the issue date. When filing your Form I-751, you will also be required to pay a filing fee, and in most cases, file jointly with your spouse on the same I-751 form to be approved by the USCIS for permanent residency.

Waiving the Form I-751 Joint Filing Requirement

More often than not, you will be required to still be married when applying for the I-751 removal of conditions. Typically, you will also be required to file a joint petition (file your I-751 together) to have your visa conditions removed and remain in the country. However, there are several reasons why you may be allowed to waive the joint filing requirement.

You might be eligible for a waiver of the joint filing requirement in the following situations:

• You and your spouse divorced or annulled your marriage.
• Your spouse abused you.
• Your spouse died.

In each of these cases, you must prove that you and your spouse were married under “good faith,” meaning you had a legitimate marriage ceremony and every intention of making the marriage work. You may be surprised to learn that this stipulation isn’t as hard to prove as it sounds. Verifying the “good faith” requirement can be proven through any combination of the following documents:

• Birth certificates of children born to you and your spouse
• Communications such as text messages, love letters, emails, and social media posts that show genuine love between you and your spouse, as well as communications from friends or family discussing your relationship
• Joint bank account statements
• Apartment rental leases or property deeds in both your names
• Personal affidavits by friends, family members, your spouse, and you regarding the authenticity of your marriage

The USCIS also makes exceptions in cases of extreme hardship. If you are not able to fulfill your duty and file Form I-751 before your conditional visa expires due to extreme hardship, and you and your immigration attorney can make a case for it to the USCIS, you may still satisfy the joint-filing requirement and be allowed to remain in the country on a bonafide 10-year green card.

When your 90-day I-751 filing period begins, you must move quickly through the process while also making sure that your form is complete and legible. If you and your spouse are filing together, it may be a good idea to set aside a specific time for the two of you to work through the form together.

Form I-751 can be completed online or by mail, and will ask you a series of questions about your personal, medical, financial, criminal, and immigration history. It will also require a series of fees (paid by credit card or money order) and possibly an in-person interview to verify specific information and to gather biometric evidence such as signatures or fingerprints.

Lastly, the I-751 will ask for several pieces of documentation as evidence of your statements. It’s a good idea to begin gathering the required documentation before your 90-day processing period to save time. To file, you will need copies of the following:

• Your green card
• Evidence of a genuine marriage, including joint bank account statements, leases or mortgages, utility bills, tax statements, and communications between you and your spouse
• Form I-864 (Affidavit of Support), if you are unemployed
• Two passport photographs
• Personal statements by you, your spouse, or friends and family members attesting to the nature of your relationship
• Police records, if you were arrested or charged with a crime while in the U.S.

After you’ve completed I-751, double-check to make sure your application, all of the supporting documents, and proof of fee payment are complete and legible before submitting them to the USCIS. If there are any issues with your paperwork, it could delay your processing time.

Processing time depends on which USCIS location is processing your I-751, if there are complications surrounding your application (such as a joint-filing waiver), and the number of documents submitted. That being said, the average processing time for USCIS claims for Form I-751 is 38 months (as of 2024). If your processing time runs longer than expected, it’s okay to reach out to the USCIS to check the status of your application or have an immigration lawyer do so on your behalf.

In some cases, processing time may be extended (or shortened) by a USCIS interview. The purpose of this interview is to verify the statements made in your I-751 and any other information that may need clarification. The USCIS may also need you to submit biometric records in person. This may include signatures or fingerprints and will require a biometric fee.

If you’re required to submit to an interview to complete your I-751 processing, the USCIS will notify you directly. If this happens, gather the original copies of the supporting documents submitted with your I-751 for your appointment with the USCIS, as well as a copy of your I-751 if you have it. Get to your appointment on time and be prepared to answer questions regarding:

• Your marriage
• Your immigration history
• Your criminal history
• Your familial background
• Your financial background
• Your work history

If no additional information is needed and no issues come up in the interview, the USCIS may grant you a bona fide permanent resident card. Or, they may ask for more time to process the information.