I-751, Petition to Remove Conditions on Residence: The Complete Guide

If you received a conditional green card through your marriage to a US Citizen or Green Card holder, then you must file I-751 in order to remove those conditions and obtain a 10-year green card.

Generally, you must file for I-751 jointly with your U.S. Citizen or lawful permanent resident spouse during the 90-day period immediately before your conditional residence expires.

However, there are several situations that allow you to waive the joint filing requirement and file the I-751 by yourself.  For example:

• Termination of your status and removal from the United States would result in extreme hardship;

• You or your parent entered into the marriage in good faith, but your spouse or stepparent subsequently died;

• You entered into your marriage in good faith, but the marriage ended by annulment or divorce;

• You entered into your marriage in good faith, but during the marriage you or your child were battered or subjected to extreme cruelty committed by your U.S. citizen or lawful permanent resident spouse; or

• Your parent entered into the marriage in good faith, but during the marriage you were battered or subject to extreme cruelty by your parent or your U.S. citizen or lawful permanent resident stepparent.

You may file your Form I-751 individually, or with a request to waive the joint filing requirement depending on the circumstance, at any time before your conditional permanent resident status expires. 

Here's how to apply to remove the conditions on your green card:

1. Fill out the I-751

2. Mail your I-751 along with supporting documents and the filing fee.

• Where to mail your I-751: https://www.uscis.gov/i-751-direct-filing-addresses

• Check the most up to date filing fee: https://www.uscis.gov/feecalculator

• How to request a fee waiver of the filing fee: https://www.uscis.gov/forms/filing-fees/additional-information-on-filing-a-fee-waiver

3. Receipt

• After you file Form I-751, you will receive a notice in the mail confirming that your Form I-751 has been received. This receipt, also called a Form I-797, can be presented along with your existing green card to extend its validity for up to 18 months beyond the original expiration date. Whenever you need to prove your U.S. residence, you must show both your green card and the receipt.

4. Waiting for your case to process.

• Check current wait times here: https://egov.uscis.gov/processing-times/

• Sometimes the wait can be more than 3 years. That means you might not get your full green card before the extended date listed on your I-797 receipt. Don’t worry! Your green card will automatically remain valid until your I-751 petition is decided. You can still live, work, and travel freely just as you did before filing your I-751. If you need proof of residence, you can contact USCIS and request an appointment to get an extension stamped in your passport.

5. Review & Potential RFE

• USCIS will review your application and send a request for evidence if parts of your application are missing. That can further delay the process, so make sure your Form I-751 is complete and that you include all the required documentation. One way to lower the chances of an RFE is to hire an experienced immigration attorney to compile and file your application. If this is something you are interested in, please book a consultation.

6. Biometrics

• You will be sent details of your biometrics appointment, including date, time, and location. This is an important appointment, so make sure you don’t miss it.

7. Interview

• Finally, you may be required to attend an interview with a USCIS official. This requirement used to be regularly waived if the applicant and their spouse submitted clear evidence of a genuine marriage along with their initial application, but under new guidelines implemented late in 2018, most conditional green card holders do now have to attend an in-person interview.

8. Decision

•  If USCIS approves your petition, you will receive a notice of approval, followed by a new 10-year green card in the mail. You will need to renew your new green card before it expires.

Conditional Residence and U.S. Citizenship:

Your time as a conditional green card holder usually counts towards the time needed to qualify for U.S. citizenship, so in some cases you may become eligible for naturalization before you receive your updated green card. If that applies to you, you can file a copy of your I-797 receipt along with your N-400 naturalization application and request that USCIS process both applications simultaneously.