I-751 – Petition to Remove the Conditions of your Green Card

What is the Petition to Remove the Conditions of your Green Card?

If you obtained a Green Card (permanent residence) through marriage to a US Citizen, you most likely received a Conditional Permanent Resident card that is valid for two (2) years.

When this two-year conditional period ends, the permanent residence status automatically expires and the applicant may be subject to deportation and removal.

To avoid this, 90 days or less before the conditional residence expires, the foreign national spouse applicant is required file Form I-751. This is the petition to remove the conditions of your green card.

Once approved, the conditional status will be removed and the applicant will receive their new Permanent Resident card that is valid for 10 years.

When do I file Form I-751 Petition to Remove the Conditions of your Green Card?

Form I-751 petition to remove the conditions of your green card must be filed within 90 days before your conditional green card expires. Filing before the 90 day window will result in USCIS returning your application.

How do I know if I am eligible to File Form I751 Petition to Remove the Conditions of my Green Card?

If you are still married, file Form I-751 jointly with your U.S. citizen or permanent resident spouse through whom you obtained your conditional permanent status.

If you have dependent children on a K-2 visa who obtained their conditional permanent status when you did and they entered the United States within 90-days of your arrival, then you can include their names and A-numbers in Part 5 of your petition form.

If the children obtained their conditional status 90 days after you obtained or adjusted your status or if the conditional permanent parent dies, they have to file Form I751 separately in order to remove their conditional status.

In case you, the conditional permanent resident, do not file jointly, you may apply for a waiver if:

You can show that you entered the marriage with honesty and good intentions, but your spouse subsequently died;

You can show that you entered the marriage in good faith, but the marriage ended because of divorce or annulment;

You can show that you entered the marriage in good faith and have remained married, but have been battered or subjected to extreme cruelty by your U.S. citizen or permanent resident spouse; or

The termination of your status and removal would result in extreme hardship.

In cases when you are asking for a waiver, proof to support your request will be very important.

Example, a copy of your divorce decree or police, court or medical proof that you were abused or a death certificate showing that you spouse died.

What Should You Include in your I-751 Petition to Remove the Conditions of your Green Card?

A complete application package is important to ensure approval of your petition form I751 by the USCIS.

The following should be included in your package to remove the conditions of your green card:

A completed and signed Form I751

A copy, front and back, of your Conditional Green Card

Two passport-style photos for you and any children applying with you.

Two completed fingerprint cards (Form FD-258) for you and any children applying with you.

Evidence showing that the marriage is a bonafide one and that it was entered in honesty and in “good faith”.

This can include but is not limited to the following:

birth certificates of children born to the marriage,

lease or mortgage contracts showing joint occupancy,

financial records showing joint ownership of assets,

sworn statements from at least two people who have known both of you since your conditional residence was granted and have personal knowledge of your marriage and relationship.

The USCIS Filing Fee.

After Filing to Remove the Conditions of your Green Card:

Once the application is received by the USCIS, permanent residence is extended for 1-year intervals until the request to remove conditions is approved or denied.

Related Links:
I-751 – Immigration Attorney
I-751 – How to Avoid the Interview
I-751 Interview – What to expect

Client Reviews

I've had the pleasure of conducting business with this law firm for the last 10 years. They have been nothing but the best for every aspect of immigration need I had. From F1 all the way to citizenship. They're probably the most affordable, knowledgeable, and most efficient immigration law firm out there. Plus, they always provide responses to questions in a very timely manner. Trust me, other immigration law firms will cost you an arm and a leg for the same or less of a service compared to this law firm. Give them a call, check out their website. You will not regret it.
Andy Glasgow
Andy Glasgow
17:26 27 Mar 17
Because of John and his team my wife and I were able to travel back to the states, get married and have a Green Card without any headaches. John’s efforts were amazing and it shows because my wife and I didn’t have to go to the Green card interview. We had a strong enough case to receive the Green card in the mail. If you’re seeking a Lawyer that will be impartial, he’s your guy.
T M
T M
19:18 23 Feb 17
Me & husband went through immigration process which thankfully was made easy with the help and services of Marc Tyler Inc. Our direct contact was John which i want to personally say Thank You ! The service provided was efficient, fast, affordable prompt answers in a timely fashion. I would recommend Marc Tyler Inc to anyone who need immigration done fast, easy, friendly & with no hidden charges.
Aleksandra Stoycheva
Aleksandra Stoycheva
15:27 26 Jan 17
I could not have asked for better service. I will definitely be coming back to get the green card process done. The fees are extremely reasonable and they stick with their clients the entire way. I had so many questions during this process, and each one of them were answered very quickly and with out most professionalism. This firm is a pleasure to work with and I highly recommend them to anyone.
bryan mowrey
bryan mowrey
06:41 25 Nov 16
Marc and John Dorer worked on our case to file for AOS after our L1A was approved. Marc and John are professionals and extremely reasonable-priced. The reason they are able to cut the price is because they don't spend time consulting you or guiding you and will never get on call. All communications are email only, so if you know precisely what you want they will do all the paper-work, follow the trail and get the job done. If you are confused and need advice and consulting, they may not be the right lawyers. But since we were doing our AOS, it worked out perfectly well and they did their job extremely professionally. Would recommend them every time to get the work done.
hardik parikh
hardik parikh
01:58 08 Feb 17
At first I thought I could have very well gone through the green card application process on my own and saved all lawyer fees. Its funny how some lawyers can charge in excess of 2K for this. However at Taylor and Associates the price seemed more reasonable and felt it made sense to go with one at that price. There were some doubts that arose in our mind which they cleared in a timely manner and seemed very knowledgeable in this area. Its for moments like these when having a professional around helps. While we can get busy with our lives and with laws constantly changing, I would definitely recommend them - a small price to pay for peace of mind.
Callistus Pereira
Callistus Pereira
17:51 06 Jun 17

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