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I-751, Petition to Remove Conditions on Residence
When you obtain a green card through marriage to a US citizen, your resident status is valid for two years under the Removal of Conditions category. The conditional Green Card expires after two years. Conditional residency is like a trial period. During the two years, you and your spouse build a history of your marriage relationship together. Generally, to remove the condition, you and your spouse must file Form I-751, Petition to Remove Conditions on Residence 90 days before the expiration date of your Green Card.
In addition, you will need to include documents that support proof of the bona fide marriage. Upon approval of the I-751 petition, permanent residents will become lawful permanent residents with a 10-year Green Card. If you do not file Form I-751 before your green card expires, you will lose your resident status and authorities may remove you from the United States. Please contact our office if you have any questions or concerns about your case, we will be happy to help.
What is Form I-751?
Form I-751, the Petition to Remove Conditions on Residence, is filed with the United States Citizenship and Immigration Services (USCIS). It serves a critical function in the immigration process for those who have obtained their green card through marriage to a U.S. citizen or permanent resident. Initially, this green card is conditional and valid for only two years. Filing
Form I-751 is required to convert this conditional status into permanent residency.
The form's primary purpose is to verify that the marriage through which residency was granted was bona fide and not merely a means to circumvent immigration laws. This verification step is crucial for maintaining the integrity of the U.S. immigration system.
What is Form I-751 Used For?
Form I-751, Petition to Remove Conditions on Residence, plays a pivotal role in the journey of conditional permanent residents towards securing unrestricted permanent residency in the United States. Here's a breakdown of its uses and why it's vital for individuals who obtained their green card through marriage.
1. Transition from Conditional to Permanent Residency
The primary purpose of Form I-751 is to transition conditional residents who obtained their green card through marriage from conditional to permanent status after two years. This transition is mandatory to avoid losing legal status and facing potential deportation.
2. Verification of a Genuine Marriage
USCIS uses Form I-751 to assess whether the marriage that granted the conditional green card was bona fide. This verification is crucial to prevent fraud and ensure that the marriage was not solely for gaining immigration benefits. Applicants must provide extensive documentation proving that the marriage was genuine and continuous, or ended legally due to divorce, annulment, or the death of the U.S. spouse.
3. Filing Options: Joint or Waiver
Typically, Form I-751 is filed jointly with the spouse who is a U.S. citizen or permanent resident. However, under certain circumstances, such as divorce, widowhood, or abuse, the conditional resident may file the form alone, requesting a "waiver" of the joint filing requirement.
4. Maintaining Legal Status During Processing
Once submitted, Form I-751 allows the applicant to legally remain in the U.S. with extended conditional residency while USCIS processes their application. This period is critical as processing times can extend well beyond the initial two-year conditional period.
5. Timely Filing Requirements
Filing Form I-751 within the 90-day period before the conditional green card expires is crucial. Proper timing ensures the process moves forward without delays or complications, keeping the applicant's residency status active.
Why is Form I-751 Important?
Understanding and correctly handling Form I-751 is essential for conditional residents to secure permanent residency without interruptions. It ensures that individuals who entered the U.S. on the basis of a marital relationship can continue their lives in the U.S. without the looming uncertainty of losing their status. It also helps maintain the integrity of the U.S. immigration system by rigorously checking the authenticity of marital relationships.
Are you preparing to file Form I-751? Ensure your application is thorough and timely by consulting with an experienced immigration attorney who can help navigate the complexities of immigration law and policy.
When to file form I-751?
Filing Form I-751 with Your Spouse
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Ensure to file within the 90 days leading up to your conditional green card's expiration date.
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If your green card expires on April 1, 2021, you are eligible to submit Form I-751 anytime from January 1, 2021, until the expiration date.
Filing Form I-751 Individually
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Understand when you can file individually, including circumstances like divorce, widowhood, or abuse.
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There is no fixed period after you receive conditional residency, but early filing is recommended.
What to Do If Your Conditional Green Card Has Expired
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Learn how to file Form I-751 even after your green card has expired and what constitutes "extraordinary circumstances."
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Submit a detailed explanation of why the filing was delayed to increase the likelihood of acceptance.
Pro Tips for Filing Form I-751
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Details on how to avoid errors that could delay processing.
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Provide a checklist of all necessary documentation to ensure your application is complete.
How to File Form I-751
Form I-751 Instructions
General Requirements
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Ink and Typing Requirements: Specify that all answers must be typed or printed in black ink.
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Answer Specifics: Detail how to appropriately use "N/A" for not applicable fields and "NONE" for fields where the answer is zero.
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Document Translation: Emphasize the requirement for a certified English translation for all foreign language documents.
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Payment Instructions: Describe acceptable payment methods including personal checks, money orders, cashier’s checks, and credit card payments using Form G-1450.
Part 1: Personal Details
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Legal Name and Changes: Instructions on listing current legal names, including guidance on how to handle name changes post-conditional residency with appropriate documentation like marriage certificates.
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Address Requirements: How to accurately provide mailing and physical addresses, ensuring that the physical address is only noted if different from the mailing address.
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Additional Information Section: Discuss how to approach potentially problematic answers in items 18-20, recommending consultation with an immigration attorney if needed.
Part 2: Biographic Data
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Detailed Personal Information: Clarify how to correctly fill out biographic information, including race, ethnicity, height, weight, eye color, and hair color.
Part 3: Filing Status
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Joint Filing with Spouse: Outline the conditions under which you can file jointly and continue living in marital union.
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Waiver for Individual Filing: Guide on how to file individually due to circumstances such as divorce, widowhood, or abuse, including how to request a waiver.
Part 4: Spouse and Marital Information
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Spousal Details: Instructions for detailing information about the U.S. Citizen or Lawful Permanent Resident spouse, important for children filing separately from parents.
Part 5: Children’s Information
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Including Dependents: Guidelines for listing details about all children, emphasizing that any dependent who obtained conditional residency concurrently or within 90 days thereafter can be included on the same petition.
Parts 6 to 10: Completing the Application
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Disability Accommodations: How to request accommodations for disabilities during the USCIS appointment process.
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Petitioner and Spouse Statements: Clear directives on providing statements, emphasizing who should fill out what in cases of joint and individual petitions.
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Interpreter and Preparer Info: Advice on documenting assistance from interpreters or preparers, detailing the necessity for proper parts and signatures if the form is prepared by another individual.
Key Considerations and Error Prevention
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Final Checklist: Offer a comprehensive checklist to review before submitting the petition to ensure all information is correct and complete.
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Common Mistakes: List common pitfalls to avoid, such as incorrect payment methods, incomplete translations, or missing signatures.
USCIS Form I-751 Filing Fees
Form I-751 Fee Details
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Filing Fee: $750
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Payment Methods: Money order, personal check, cashier’s check, or credit card via Form G-1450 at USCIS Lockbox facilities.
Fee Waiver Options
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Eligibility: Available if you meet criteria based on low household income, receipt of means-tested benefits, or financial hardship.
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Application Process: Submit required documentation to demonstrate eligibility for a fee waiver.
What Documents Are Needed for Form I-751?
When filing Form I-751, the Petition to Remove Conditions on Residence, it is crucial to include comprehensive supporting documentation to ensure successful processing.
Here's a breakdown of the essential documents you need to submit:
Identification Documents
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Include photocopies of the front and back of your current green card, as well as those of any children included on the I-751.
Evidence of Bona Fide Marriage
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Mortgage or lease documents showing joint residence.
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Evidence of joint bank accounts, joint tax filings, and shared asset documentation.
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Birth certificates of children born since your marriage, voided checks with shared addresses.
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Family photographs and sworn affidavits from friends attesting to the legitimacy of your marriage.
Additional Evidence for Individual Filers (if applicable)
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Include a spouse’s death certificate or a finalised divorce decree.
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Provide official documents showing you or your children were victims of domestic abuse.
Late Filing Explanation (if applicable)
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Submit a written statement explaining the reasons for filing the petition after the deadline.
Criminal History (if applicable)
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Details and documentation of any criminal convictions or charges since becoming a green card holder.
Military or Government Service Overseas
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If filing from overseas due to military or government service, include:
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Two passport-style photographs
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Completed Form FD-258 fingerprint cards
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A copy of current military or government orders
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Clearly mark the envelope with “ACTIVE MILITARY” or “GOVERNMENT ORDERS”
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For a complete and updated list of required documentation, always refer to the official I-751 instructions provided by USCIS. This ensures you include all necessary materials tailored to your specific circumstances, facilitating a smoother review process.
Where to Mail Form I-751?
USCIS requires that Form I-751, the Petition to Remove Conditions on Residence, be submitted by mail only, not in person. Depending on your state of residence, you will use one of two USCIS lockbox facilities located in Elgin, IL, or Phoenix, AZ.
Here are the details for each:
For residents of specific states:
States: CT, FL, GA, GU, IL, IN, ME, MD, MA, MI, NH, NJ, NY, OH, PA, RI, SC, VT, WI.
United States Postal Service
USCIS
Attn: I-751
PO Box 4072
Carol Stream, IL 60197-4072
Mail service (FedEx, UPS, DHL)
USCIS
Attn: I-751 (Box 4072)
2500 Westfield Drive
Elgin, IL 60124-7836
For residents of other states and territories:
United States Postal Service:
USCIS
Attn: I-751
PO Box 21200
Phoenix, AZ 85036-1200
Mail Service (FedEx, UPS, DHL):
USCIS
Attn: I-751 (Box 21200)
1820 E. Skyharbor Circle S, Suite 100
Phoenix, AZ 85034-4850
Note: Always check the USCIS website or CitizenPath filing instructions for the most up-to-date mailing addresses, as lockbox facilities may change.
What Happens After Filing Form I-751?
After submitting Form I-751, Petition to Remove Conditions on Residence, there are several key steps and timelines you should be aware of:
Receipt Notice
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Upon filing, you will receive a Form I-797 notice from USCIS, confirming receipt of your I-751.
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This notice extends the validity of your existing green card for 18 months, allowing you to continue residing in the U.S. while your application is processed. Always carry your green card and the I-797 notice to prove your residency status.
Processing Time
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Processing times for I-751 applications can vary significantly, sometimes extending beyond 3 years. It's crucial to stay updated by checking current wait times at your processing USCIS office.
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Even if the extension date on your I-797 expires, your status remains valid until a decision is made on your petition. If needed, contact USCIS for a passport stamp as proof of residence.
Application Review
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USCIS will review your application thoroughly. Incomplete applications or missing documents may lead to a request for evidence, potentially delaying the process.
Biometrics Appointment
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USCIS will send information about your biometrics appointment do not miss this as it is a critical component of your application process.
Interview Requirement
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Most applicants, especially those filing after late 2018, are required to attend an in-person interview to verify the legitimacy of their marriage. Proper preparation and clear evidence can streamline this step.
Approval and Green Card Issuance
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Successful petitions result in an approval notice followed by a new 10-year green card.
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Remember to renew this new green card before it expires.
Path to U.S. Citizenship
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Time spent as a conditional resident generally counts towards eligibility for U.S. citizenship. If applicable, you can submit your N-400 naturalization application along with your I-797 receipt.
Checking the Status of Your I-751
Stay informed of your application’s status by logging into the USCIS website and selecting “I-751 Remove Conditions” as your case type. You’ll need your application number, email, and name for access.
FAQs on Form I-751 Processing
Q1. How Long Does It Take to Process I-751?
The processing time for Form I-751, Petition to Remove Conditions on Residence, varies depending on the USCIS office handling the case. Typically, it can take anywhere from 12 to 36 months. Check the current processing times on the USCIS website for the most accurate estimate based on your filing location.
Q2. How Long Does It Take for I-751 to Get Approved?
Approval times for Form I-751 generally align with processing times and can range from 12 to 36 months. Delays may occur if additional documentation is requested or if there is a backlog at the processing center.
Q3. Can I Apply for Citizenship While I-751 Is Pending?
Yes, you can apply for U.S. citizenship while your I-751 is pending if you meet all other eligibility requirements for naturalization. You will need to provide a copy of your I-797, Notice of Action, indicating that your I-751 has been received by USCIS.
Q4. Who Is the Petitioner in Form I-751?
The petitioner in Form I-751 is the conditional resident (green card holder). This form is used by conditional residents who obtained their status through marriage to apply to USCIS to remove the conditions on their residency.
Q5. Can You File N-400 While I-751 Is Pending?
Yes, you can file Form N-400, Application for Naturalization, while your I-751 petition is still being processed if you meet all other naturalization criteria. It’s important to include a copy of the I-797 receipt as proof that your I-751 has been filed.
Q6. How Long Does It Take to Receive Green Card After I-751 Approval?
After your I-751 is approved, it typically takes about 6 to 12 weeks to receive your new 10-year green card in the mail. This timeframe can vary based on the specific USCIS office and any processing delays they may be experiencing.
For expert guidance through the I-751 process or any questions regarding your immigration status, contact Melendez Legal today. Our team of experienced immigration attorneys is here to help you navigate every step with confidence. Visit our website or call us directly for a consultation.