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What Is Form I-751?
Form I-751, Petition to Remove Conditions on Residence, is the application filed by spouses of U.S. citizens or lawful permanent residents who have acquired their 2-year Green Card in order to remove the conditions on their residence and acquire a permanent 10-year Green Card.
I-751 Eligibility: Who Qualifies For I-751?
Conditional permanent residents who were married for less than 2 years when they acquired their Green Card can apply to remove the conditions on their residence during the 90-day period immediately before their Green Card expires. If the couple is still married, the application must be filed jointly. However, the conditional resident may filed individually if the marriage was entered in good faith;
- But your spouse died or;
- The marriage was later terminated due to divorce or annulment or;
- You have been battered or subject to extreme cruelty by your petitioning spouse or;
- The termination of your status and removal from the United States would result in extreme hardship.
How Can I File a I-751 Petition to Remove Conditions on Residence?
Form I-751 can be found on USCIS’s website, which can be either completed by hand or typed electronically. Afterwards, the signed form must be printed and sent to USCIS by mail with a check of $750 as filing fee and $85 as the biometrics fee. The office the application will be sent to depends on the applicant’s mailing address, which can be found here.
In addition to the form, the applicant must send
- A copy of their Green Card, front and back,
- Evidence that your marriage was entered into in good faith, such as photos, correspondence between spouses, residential lease, joint bank accounts, insurances or bills.
- Explanation and evidence for not filing jointly, if applicable. This includes finalized divorce decrees or death certificates.
- Reasoning for filing late, if applicable.
- Details of any criminal convictions or charges since acquiring a Green Card, if applicable.
When Should I File Form I-751?
- If filed jointly, the couple must apply during the 90-day period before the Green Card expires.
- If filing individually, the conditional resident can apply at any time after receiving their Green Card.
Processing Time For Form I 751: How Long Does It Take For I-751 To Be Approved?
While the processing of Form I-751 depends on the field office or service center, generally it can take some time between 1 to 2 years. In the meantime, the Form I-797, Receipt Notice, confirming the application was received, will extend the validity of the Green Card for 18 months when presented with the existing Green Card.
How Can I Check the Status of My I-751?
THe status of the Form I-751 application can be checked here by entering the receipt number on the I-797 Receipt Notice.
What is The Next Step After I-751 is Approved?
After the petition is approved, USCIS will send a notice of approval and a 10 year Green Card.
What Should I Do If My I-751 is Denied?
There are a variety of reasons as to why a Form I-751 may be denied. This includes insufficient evidence for proving the marriage is real (a bona fide marriage), late filing or possible marriage fraud. In case of insufficient evidence of a bona fide marriage, USCIS will send a letter of denial and a Notice to Appear (NTA) in immigration court. At this stage, it is important that you work with an immigration attorney and prepare necessary and additional documents proving your marriage is real.
Contact our attorneys for further assistance with Form I-751 and more.
Frequently Asked Questions About Form I-751 Petition to Remove Conditions on Residence
What Does I-751 Approval Mean?
It means that the conditions on your residence have been lifted and you are now eligible for a 10-year Green Card.
Is USCIS Approving I-751 Without an Interview?
In certain cases USCIS may require an interview. However, as long as there is clear and convincing evidence proving the marriage is real, this is unlikely.
Where Should I File Form I-751?
Form I-751 must be filed to a USCIS field office or service center. The office the application will be sent to depends on the applicant’s mailing address, which can be found here.
Can I Apply For Citizenship While I-751 is Pending?
Yes, you can apply for citizenship while your I-751 application is pending as long as you are still married, have been married for 3+ years, have been a permanent resident for 3+ and are currently residing in the US.
Can I Apply For N-400 While I-751 is Pending?
Yes, you can apply for N-400 and naturalization while your I-751 application is pending as long as you are still married, have been married for 3+ years, have been a permanent resident for 3+ and are currently residing in the US.
Can You Travel If I-751 is Pending?
Yes, you can travel while your I-751 is pending and your Green Card has expired. To do so, you must carry your expired Green Card and receipt notice for I-751. While traveling the conditional resident must reenter the United States before the expiry date on the receipt notice.
Can You File I-751 From Abroad?
Yes, Form I-751 can be filed while abroad.
Form I 751 Fee: How Much Does Form I 751 Cost?
As of April 2024, the filing fee for Form I-751 is $750 and the biometrics fee is $85.
How Many Photos Do You Need For I-751?
There isn’t any limit to how many photos you can add to you I-751 petition, as long as the evidence clearly proves a bona fide marriage. However, it is important that the photos are generally taken after the conditional resident first acquired their Green Card.
How Many Bank Statements Do I Need For I-751?
There isn’t any limit to how many bank statements you can add to you I-751 petition, as long as the evidence clearly proves a bona fide marriage. However, it is important that the bank statements represent the timeframe after the conditional resident first acquired their Green Card.
How Long Does I-751 Last?
Currently, the processing times for Form I-751 are 12 to 24 months.
Does an I-751 Extend The Green Card?
Yes, an approved I-751 petition extends the conditional resident’s Green Card from 2 years to 10 years.
Can Form I-751 Be Filed Online?
No, Form I-751 must be filed physically to a USCIS field office or service center.
Can I File I-751 Before 90 Days?
Form I-751 can be filed before the 90-day timeframe in certain situations such as the death of the spouse, divorce, annulment of the marriage or extreme cruelty by the petitioning spouse.
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