What is Form I-751?
Form I-751, Petition to Remove Conditions on Residence, is a form used by conditional green card holders in the United States to apply for the removal of the conditions on their permanent resident status: https://bwea.com/form-i-751/
When certain individuals are granted a green card based on marriage to a U.S. citizen or permanent resident, the initial green card they receive is conditional. This means that their permanent residency status is subject to review after a two-year period to ensure that the marriage was not entered into solely for immigration purposes.
Form I-751 is used to request the removal of these conditions. This process is often referred to as “removing the conditions” or “filing for the removal of conditions.” The purpose of this process is to demonstrate that the marriage is genuine and ongoing, and that the couple continues to live together as a married couple.
Here are the key points related to Form I-751:
- Eligibility: Conditional green card holders who are still married to the same spouse must jointly file Form I-751 to remove the conditions on their green card.
- Waiver: If the marriage has ended due to divorce, death of the spouse, or abuse, and the conditional resident can provide evidence of these circumstances, they may be eligible to file for a waiver of the joint filing requirement.
- Filing Timeline: Form I-751 should be filed during the 90-day period immediately preceding the second anniversary of the issuance of the conditional green card.
- Supporting Evidence: Applicants should provide evidence to demonstrate the continued legitimacy of their marriage, including joint financial documents, shared living arrangements, affidavits from friends and family, and other documents that prove the authenticity of the marital relationship.
- Biometrics: Applicants are typically required to attend a biometrics appointment where their fingerprints and photographs will be taken.
- Interview: In some cases, USCIS may request an interview as part of the I-751 processing.
- Processing Time: Processing times can vary, but applicants can check the USCIS processing time information for an estimate nameviser.
It’s important to note that Form I-751 is a critical step in the immigration process for conditional green card holders. The process can be complex, and it’s recommended to carefully follow the instructions provided by USCIS and to provide thorough and accurate documentation. Many applicants choose to work with immigration attorneys to navigate the process successfully and increase their chances of approval. Read more “list your business in the” “free and paid submission to the” “add your site” statistics
Who needs to file Form I-751?
Form I-751, Petition to Remove Conditions on Residence, needs to be filed by individuals who obtained their U.S. green cards (permanent resident status) through marriage to a U.S. citizen or a permanent resident, and whose green cards are conditional. Conditional green cards are valid for a two-year period and are subject to review to ensure that the marriage was not entered into solely for the purpose of obtaining immigration benefits.
Here’s who needs to file Form I-751:
- Conditional Green Card Holders: If you obtained a green card based on marriage to a U.S. citizen or a permanent resident and have been married for less than two years at the time your green card was approved, you received a conditional green card.
- Still Married: If you are still married to the same spouse who sponsored your green card, you need to jointly file Form I-751 to request the removal of conditions on your permanent resident status.
- Waiver of Joint Filing: If your marriage has ended due to divorce, death of the spouse, or abuse, and you can provide evidence of these circumstances, you might be eligible to file for a waiver of the joint filing requirement. In this case, you can file Form I-751 with a request for a waiver based on one of these grounds.
It’s important to file Form I-751 within the 90-day period immediately preceding the second anniversary of when you received your conditional green card. Failing to file or filing late without a valid reason can lead to the termination of your permanent resident status.
If you’re in a legitimate marriage and still married to your spouse, the typical process involves jointly filing Form I-751 to remove the conditions on your green card. The purpose of this process is to demonstrate that your marriage is genuine and ongoing. You’ll need to provide evidence of your continued marital relationship, such as joint financial documents, shared living arrangements, affidavits from friends and family, and more.
The Form I-751 process can be complex, and it’s recommended to carefully follow USCIS instructions and provide thorough documentation. Many individuals choose to work with immigration attorneys to ensure a successful application process.
Form I-751 checklist of required documents
When filing Form I-751, Petition to Remove Conditions on Residence, to remove the conditions on your conditional green card, you’ll need to provide a comprehensive set of documents to demonstrate the authenticity of your marriage and ongoing relationship. While the specific documents required can vary based on your individual circumstances, here’s a general checklist of commonly required documents for an I-751 application:
- Form I-751, Petition to Remove Conditions on Residence: Complete and sign the form.
- Conditional Green Card Copy: Include a copy of your conditional green card (front and back).
- Passport Copy: Copy of your passport biographic page showing your photo, name, and expiration date.
- USCIS Filing Fee: Include the required filing fee (check the USCIS website for the most up-to-date fee information).
- Check or Money Order: If paying by check or money order, make sure it’s correctly filled out and signed.
Documentation of Ongoing Marriage:
- Marriage Certificate: A copy of your marriage certificate.
- Joint Financial Documents: Include joint bank account statements, joint credit card statements, joint mortgage or lease agreements, and other financial documents showing shared responsibilities.
- Joint Utility Bills: Copies of utility bills (electricity, water, gas) that show both spouses’ names at the same address.
- Joint Tax Returns: Copies of joint federal and state tax returns for the relevant years.
- Evidence of Joint Assets: Include documents that prove shared ownership of assets like property, vehicles, or other valuable items.
- Affidavits of Support: Statements from family members, friends, or acquaintances who know about the bona fides of your marriage and can vouch for your relationship.
- Travel Documents: Copies of travel itineraries, boarding passes, or passport stamps that show you and your spouse traveling together.
- Birth Certificates: Copies of birth certificates for any children born to the marriage.
- Divorce Decrees: If either spouse has been divorced, include copies of divorce decrees and related documentation.
- Death Certificates: If a previous spouse passed away, include a copy of the death certificate.
Additional Supporting Documentation:
- Photographs: Recent photographs of you and your spouse together, preferably at various stages of your marriage.
- Correspondence: Copies of letters, emails, or other correspondence exchanged between you and your spouse during your marriage.
- Affidavit of Termination: If you’re filing for a waiver based on divorce, abuse, or the death of your spouse, provide supporting evidence and an affidavit explaining the circumstances.
- Form G-28: If using an attorney, include Form G-28, Notice of Entry of Appearance as Attorney.
Remember that this checklist provides a general overview of the documents typically required for an I-751 application. Depending on your situation, you might need additional documents to support your case. It’s also important to thoroughly review the USCIS instructions for Form I-751 and follow their guidelines closely. Working with an experienced immigration attorney can help ensure that your application is well-prepared and has the best chance of success.