Remove Conditions Residence Green Card Form I-751

In most cases, the US issues permanent residency that is permanent. However, in some cases, the US grants conditional permanent residency. For example, those who have received a green card through marriage typically enter the United States with a K1 visa and after marriage are given a conditional permanent residence. This is typically valid for two years. A conditional permanent residence is intended to prevent green card and immigration fraud. That is, it is designed to prevent people from marrying US citizens just to get immigration status.

Once the two-year initial period is over, the status of permanent residency is revoked. For this reason, it is important to file a Petition to Remove the Conditions of Residence (Form i751) 90 days before the conditional residency expires. Failure to do so can mean removal and deportation. Form I-751, if approved, can remove conditions on residence and can allow the applicant to receive permanent residency, which is indeed permanent, as well as the standard green card, which must be renewed every ten years.

When to file Form I751

You can file Form I751 90 days or less before your conditional permanent residence expires. If you want to remove conditions on green card status, it is a good idea to file quickly – as soon as you have 90 days to your green card expiry. That way, if there are any delays you will still get your new green card on time. However, it is also important not to file before 90 days because your Form I751 application will be rejected by the USCIS

Who Can File Form I751?

When it comes time to renew your conditional green card and remove conditions on residence, who files will depend on your marital status. If you are still married to the person who helped you secure your green card status, both you and your spouse will file Form I-751 together. If you have children who are dependants who received their conditional green card when you did and entered the US within 90 days of you on a K-2 visa, you can also include them on Part 5 of your Form I-751 application. If your children arrived more than 90 days after you or entered the US on a different visa, they will need to file Form I-751 themselves to remove conditions on residency.

If you and your US spouse are separated or divorced or if your spouse has passed away, you may still apply to have conditions on permanent residency removed if you have prove that:

1. You entered the marriage in good faith but have been widowed by the death of your husband or wife;
2. You entered the marriage with good intentions and for honest reasons but the marriage resulted in annulment or a divorce;
3. You entered the marriage honestly and are still married but have been abused by your spouse;
4. If you were removed from the US it would result in severe hardship.

If you meet one of these eligibility requirements, you may be able to request a waiver from the USCIS. You will need to include documentation with your application – such as a death certificate, medical reports showing signs of abuse, or divorce or annulment papers.

What should I include with my Form I751 Application?

It is important to follow directions carefully and include everything the USCIS requests in an I-751 application. Failure to do so can result in delays or even in rejection of your application. Your Form i751 application will require:

• The latest, valid version of Form i751, which has been correctly completed and signed
• A clear copy of both the back and front of your Conditional Green Card
• Two photos in the standard passport style photos of yourself (if you have children applying with you, you will need to include photos of them)
• Two fingerprint cards (Form FD-258) which have been completed correctly. (if you have children applying with you, you will need to include two fingerprint cards for each of them)
• Proof that the marriage was real and entered into in “good faith.” That is, you need to prove that the marriage was not completed just for a green card. Your evidence may include financial and housing records showing that you live together and share finances, medical proof of children you have together, sworn statements from people who know your marriage and are willing to attest to its authenticity.
• The current filing fee.

As soon as the I-751 application gets to the USCIS, the USCIS extends the permanent residency for one year. The green card will be renewed one year at a time until the USCIS can determine that the marriage is valid and make a decision about whether to deny or approve the request to remove conditions from green card status.