I-751 Removal of Conditions on Permanent Residence

What is Conditional Permanent Residence?

When a foreign national obtains a green card through marriage to a U.S. citizen or permanent resident, they receive conditional permanent residence if the marriage is less than two years old at the time of approval.

Conditional permanent residence is similar to regular permanent residence, allowing the individual to live and work in the U.S. indefinitely. However, it is only valid for two years. To remain a permanent resident, the conditional green card holder must file Form I-751 to remove the conditions and obtain a permanent 10-year green card.

Eligibility for Removal of Conditions

To be eligible to remove conditions on residence, the following must be true:

• The foreign spouse obtained conditional permanent residence through marriage to a U.S. citizen or permanent resident
• The couple is still married and living together at the time of filing Form I-751
• The couple files the petition jointly within the 90 days before the conditional green card expires

There are some exceptions that allow the conditional resident to file Form I-751 without a U.S. citizen or permanent resident spouse:

• The U.S. spouse has died
• The marriage ended in divorce or annulment
• The conditional resident has been battered or subjected to extreme cruelty by the U.S. spouse
• Termination of status and removal would result in extreme hardship

Required Documents for Form I-751

Form I-751 must be filed with supporting evidence demonstrating the ongoing validity of the marriage. This may include:

• A copy of the front and back of the conditional green card
• Evidence of the ongoing marital relationship, such as:
  • Joint mortgage or lease documents
  • Joint bank account statements
  • Joint insurance policies
  • Joint utility bills
  • Joint tax returns
• Evidence of any legal name change since the green card was approved
• Passport-style photos of each spouse

If filing I-751 without the U.S. spouse, additional documentation is required based on the grounds for the waiver request, such as a death certificate, divorce decree, or police reports and medical records documenting abuse.

Form I-751 Processing Time

Processing times for Form I-751 vary based on USCIS workload and case complexity, but typically take several years. You can always check the latest processing times on the USCIS website.

While the I-751 is pending, the conditional resident receives an 18-month extension of their green card. They are allowed to live and work in the U.S. during this time. If USCIS needs more information to decide, they may send a Request for Evidence (RFE) or require the couple to attend an interview.

If you are married to a U.S. citizen, you may qualify to apply for naturalization when you reach 2 years and 9 months from the date when your green card was issued. In that case, USCIS will decide your I-751 petition together with your naturalization, effectively reaching a quicker decision.

I-751 Interview Process

Many I-751 petitions are approved without an interview based on the strength of the evidence submitted. However, USCIS may require an interview if they have concerns about the authenticity of the marriage.

At the interview, a USCIS officer will ask questions to assess the legitimacy of the relationship. They may inquire about the couple’s daily routines, shared experiences, future plans, and the circumstances of their courtship and marriage. They will also review the documentation submitted with the I-751 and may ask for additional evidence.

Thorough preparation is key to a successful interview. Our attorneys work closely with clients to compile compelling evidence packages and conduct mock interviews to build confidence and consistency in the couple’s testimony.

What if Form I-751 is Denied?

If USCIS denies Form I-751, the conditional resident loses their permanent resident status and may be placed into removal proceedings. They will receive a Notice to Appear (NTA) in immigration court, where they can contest the denial and present evidence of the validity of their marriage.

In some cases, the conditional resident may be able to file a motion to reopen or reconsider the denial with USCIS. This is an option if there was an error of law or fact or if new evidence has become available that was not included in the original petition.

Removal of Conditions with De Wit Immigration Law

The I-751 process can be stressful, with the couple’s future in the balance. Our attorneys provide caring, comprehensive support to help clients navigate the requirements and build the strongest possible case.

We offer:

• A detailed assessment of the couple’s eligibility and case strategy
• Meticulous preparation of Form I-751 and supporting evidence
• Counsel on documentary requirements and red flags
• Representation at USCIS interviews
• Guidance on maintaining status and travel during processing
• Advocacy in the event of a denial or RFE

Don’t leave your immigration status to chance. Contact us today to put our experience and insight to work for you.

Frequently Asked Questions