If you obtained a marriage-based green card but were married for less than two years at the time, you likely received a conditional green card valid for only two years. To upgrade this to a 10-year permanent green card, you must file Form I-751, Petition to Remove Conditions on Residence before your conditional card expires.
This guide explains everything you need to know about filing Form I-751, including when and how to file, required documentation, and tips for a smooth process.
What is Form I-751?
Form I-751 is used by conditional green card holders to remove the “conditions” tied to their residency, transitioning to a standard green card that’s valid for 10 years and renewable indefinitely. The form is primarily for individuals who obtained conditional residency through marriage but applies to other specific situations as well.
Key Points:
- Conditional green cards are issued to those married for less than two years at the time of approval.
- The purpose of Form I-751 is to confirm that the marriage was genuine and not entered into for immigration purposes.
Do You Need to File Form I-751?
If your green card has “CR-1” under the category section, you hold a conditional green card. Filing Form I-751 is mandatory before the card’s two-year expiration. Failure to do so can result in losing your residency status.
Who files Form I-751?
- Jointly filed: If you are still married, both spouses typically file together.
- Individually filed: If the marriage ended due to divorce, death, or abuse, you may file independently.
Not sure if you need to file?
Check the front of your green card for “CR-1.” If the card expires in two years, it’s conditional.
When Should You File Form I-751?
Filing on time is critical to avoid complications. The timeline depends on whether you are filing jointly with your spouse or individually.
- Joint filing: File within 90 days before the green card expires.
- Individual filing: File anytime after obtaining conditional residency if divorce, death, or abuse applies.
- Filing late: If you miss the deadline, you’ll need to include an explanation and supporting evidence.
Late filings are only accepted under extraordinary circumstances, so filing on time is essential.
How to Fill Out Form I-751
Form I-751 requires detailed information. Below is a breakdown of the sections:
- Personal Information:
- Your name, marital status, Alien Registration Number (A-Number), and address.
- Biographic Details:
- Include your physical attributes, ethnicity, and race.
- Reason for Filing:
- Specify if you’re filing jointly, due to divorce, or other reasons like spousal abuse.
- Details About Your Spouse and Children:
- Provide information about your sponsoring spouse and any children.
- Supporting Documents:
- Evidence that supports your marriage or explains why you’re not filing jointly.
Supporting Documents Checklist
When submitting Form I-751, include these documents:
- Green Card Copies: Front and back of your current green card and any related family members’ cards.
- Proof of Genuine Marriage:
- Joint lease/mortgage, shared bank accounts, joint tax returns, children’s birth certificates, photos, or affidavits.
- Waiver Proof (if filing individually):
- Divorce decree, death certificate, or abuse documentation.
- Other Requirements (if applicable):
- Military orders, late-filing explanation, or records of criminal charges (if any).
Filing Fees
- The Form I-751 filing fee is $750.
- Payment methods: Check, money order, or credit card (using Form G-1450).
What Happens After Filing?
- Receipt Notice: You’ll receive Form I-797, extending your green card validity by 24 months.
- Processing Times: Processing can take over three years. You may still live, work, and travel while waiting.
- Biometrics Appointment: You’ll attend a biometrics appointment to verify your identity.
- Interview: USCIS may require an interview to confirm your case.
- Approval: Once approved, you’ll receive a 10-year green card.
Tips for a Successful Application
- File on time to avoid delays or complications.
- Provide clear, detailed evidence of your marriage.
- Use a cover letter to summarize your application and address any complexities.
- Double-check the form for accuracy and completeness before submission.
Why Choose Law and Visas?
Navigating U.S. immigration laws can be overwhelming. Law and Visas simplifies the process, providing expert guidance to ensure your application is thorough and accurate. With our support, you can focus on your life in the U.S. while we handle the paperwork.
Start your immigration journey with Law and Visas today.
FAQs
Why does Form I-751 take so long to process?
USCIS has experienced significant delays due to policy changes and increased interview requirements. To ensure minimal delays, submit a complete application with thorough supporting evidence.
What if my I-751 is denied?
In case of denial, USCIS may initiate removal proceedings. You can reapply on different grounds or appeal the decision with an immigration court.
What if I divorce while my I-751 is pending?
Notify USCIS and provide evidence of the divorce. Your application can be adjusted to a waiver petition based on divorce.
For more guidance, trust Law and Visas to assist with your Form I-751 filing and other immigration needs.
