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About Remove Conditions on Residence
Form I-751, Petition to Remove Conditions on Residence, is a form filed to upgrade a conditional 2-year green card to a 10-year green card. If someone has been married for less than two years when they obtained a green card through marriage to a U.S. citizen or lawful permanent resident, they likely received a conditional green card (CR-1) valid for only two years.
These CR-1 green cards give people conditional permanent resident status, which expires after two years. One conditional resident can remove conditions and extend the green card's validity by filing form I-751.
Petition to Remove Conditions on Residence helps USCIS verify whether the marriage is genuine and wasn't just for the immigration benefits.
Eligibility to Apply for Remove Conditions on Residence’
First thing first, one must have a conditional permanent residence status to be eligible to file a petition to remove conditions. As a conditional green card holder, you'll be considered eligible for removal of conditions if:
- You are still married to the same U.S. citizen or permanent resident spouse after two years. You may also include your child in the petition if they received their conditional-resident status either at the same time or within 90 days.
- You're a child and validly cannot be included in your parents' application
- You're a widow or widower who entered the marriage in good faith
- Your marriage ended through divorce or annulment; however, you have evidence that you entered the marriage in good faith.
- You entered the marriage in good faith, but either you or your biological child were battered or subjected to extreme abuse by the sponsor spouse.
Required Documents to Apply for Remove Conditions on Residence
Along with Form I-751, a conditional green card holder will also need to include some supporting documents. These documents include:
- Copies of both sides of your current CR-1 green card
- Copies of both sides of children's green cards (if they're included on the I-751 petition)
- Evidence that you live together and your marriage was in good faith and not to take advantage of immigration benefits. This could include documents like mortgage or lease documents, evidence of shared assets or liabilities, joint bank accounts, utility bills, joint tax returns, birth certificates of children, voided checks having the same mailing address, or even family photographs and affidavits from friends
- Evidence to back up your reasons for not filing jointly (if you aren't petitioning jointly, include your spouse's death certificate, a divorce decree, or documentation showing that you or your children got abused by the person who sponsored you)
- A written explanation for the reason behind filing late (if applicable).
- Written details of any criminal convictions or charges brought against you since you obtained a 2-year conditional green card
- Suppose you are filing outside of the U.S for the purpose of serving military or government service. In that case, you're suggested to include two passport-size photographs, completed Form FD-258 fingerprint cards, and a copy of your military or government orders. In addition, write Active Military or Government Orders on top of the completed I-751 form
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Note that: The price mentioned above does not include the standard government fees paid directly to USCIS.
Frequently Asked Questions
Processing time for Remove Conditions on Residence is between 15 and 20 months. However, this is only an average as it could take more or less time.
Your I-751 application may be denied in three possible situations:
This will result in the loss of your lawful residency status; USCIS, however, may accept an I-751 filed within two years of expiration only if you can establish a good reason for not filing within the appropriate time frame.
Yes, but in order to qualify for this waiver, you must establish that your situation falls under at least one of the following:
- Your marriage was entered into in good faith, but; your spouse has died, or the marriage ended by divorce or judicial annulment, or your spouse subjected you to battery or extreme cruelty
- Termination of your residency status would cause you undue hardship
No, it's not; however, you must return to the United States if required to appear for an interview with USCIS.
USCIS issues a receipt notice after filing I-751 as a temporary extension of your residency status for a period of 18 months. You can use this receipt notice to travel and renew your driver's license.
Although an interview is more likely to be scheduled for a waiver application, if USCIS is satisfied that the marriage was entered into in good faith and not intended to evade the immigration laws, it can waive the interview on the joint petition or waiver application.
Your petition could get denied, and USCIS will begin removal proceedings for failure to attend a scheduled interview. We'd suggest you contact USCIS as soon as possible to request another date in case you miss your interview.
Yes, you can. If you fulfil all criteria to become a U.S citizen, you can file Form N-400, Application for Naturalization, even while the I-751 is still pending.
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