Are you a resident in the United States with a conditional green card, then you must be aware of the importance of Form I 751. To remove conditions on your green card, you must file the I 751 form to the USCIS. You can file the form online through USCIS account or via mail to a designated USCIS center to remove conditions on your marriage based green card.
Learn in this comprehensive guide everything you need to know about I751, including the form’s category, what is encumbers, who is eligible to file it, required documents, and application process.
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I751 is the official United States Citizenship and Immigration Services (USCIS) form for conditional permanent residents in the US seeking green card. Essentially, it is used to upgrade the 2 year conditional green card to a full 10-year green card. However, to get the full gist of I 751, you must first be aware of what a conditional green card is.
What is a Conditional Green Card?
A conditional green card is a temporary green card issued to immigration applicants by the USCIS to prevent immigration fraud. A conditional green card is usually issued to applicants seeking permanent residency through marriage or EB-5 Investor visa program. For marriage-based immigration, it is granted to ensure the legitimacy of marriage and solidify the relationship was not formed only to get immigration into the US. A conditional green card is generally issued when the marriage is less than two years old at the time of filing for permanent residency. Its validity is two years and cannot be renewed.
Key Features of I 751 Form
- Who Requires it: Applicants who received a conditional green card through marriage. To demonstrate the legitimacy of their marriage, they are required to file the form I 751.
- When to File (Joint Filings): To prove the legitimacy of marriage and that there was no immigration fraud, it is required that both the spouses file jointly. You are required to file in the 90-day window before the expiry of your conditional green card. If you miss the filing window, your permanent residency will be revoked.
- Filing Waiver/ Individual Filing: You can apply to waive the joint filing requirement if your spouse has died, you are divorced, the marriage was legally annulled, or you have suffered trauma or battery by your spouse.
- If Not Filed on Time: If you fail to file the form I 751 on time, then you will lose your status of permanent resident and will be subject to deportation from the United States.
Document Checklist for I 751
To apply for removal of conditions, you need to compile the following documents:
Core Documents
- Form I 751: Duly completed and signed form. The signature of the applicant should be in black ink.
- Copy of Green Card: Copies of front and back of the conditional green card.
Evidence of Legitimacy of Marriage
- Residence & Housing:
- Joint lease agreements or mortgage statements
- Driver’s license or state ID showing the same residential address of both the spouses
- Utility bills
- Financial Documents
- Jointly filed federal or state tax returns
- Bank statements from joint current or savings account
- Joint credit card statements
- Children & Family
- Birth certificates of the children born to or adopted during marriage
- Photos of both the spouses, with family or during trips
- Flight itineraries, hotel bookings, or travel reservations during shared trips
- Affidavits
- Sworn affidavits or declarations from close friends or relatives who have known you during the duration of your conditional permanent residence
How to Apply I751
To file the form, visit the official USCIS Website. You can file online or via mail.
Step 1: Determine When to File
- Filing Jointly: If you are filing jointly with your US citizen or permanent resident spouse, then you must file in the 90-day application window before your conditional green card expires.
- Filing Individually: If you are filing on your own, due to divorce, death of the spouse, or annulment of marriage, then you can file any time before your conditional green card expires.
Step 2: Fill Out the Form
- Download and fill out the current edition of form I751.
- Make sure the information provided on the form is correct and matches your immigration records.
Step 3: Gather Supporting Documents
- Compile the required documents including the copy of conditional green card and proof of a bona fide marriage
Step 4: Pay the Fee
- Pay the applicable fee
Step 5: Submit Your Application
- Online: Log into your USCIS account. Select the form, upload the documents, and submit the application.
- Mail: Mail the application package to an application center.
I751 Processing Time
After submitting the application, it generally takes around 18 to 24 months for the petition to remove conditions on permanent residence to process.
Receipt Notice: After filing the form, within 2 to 4 weeks, you will receive Form I-797C, Notice of Action. This notice will automatically extend your conditional permanent resident status to 48 months (4 years). This notice will work as a substitute for your green card until the petition is approved. During that time, you can live, work, or study in the US as a permanent resident.
Filing Fee
The Filing fee of I 751 form for online submissions is $700 while for physical submissions it is $750.
Eligibility for Naturalization
Conditional permanent residents whose I751 is still pending can be eligible for naturalization. You can Apply for Naturalization through the Form N-400 to the USCIS. This eligibility is due to current backlog in adjudication of the petitions to remove conditions. What is more, filing Form N-400 while I 751 form is still pending can sometimes combine the interviews with the USCIS.
Practical Tips for Applicants
With recent policy changes and current sociopolitical scenarios in the US, scrutiny around immigration has significantly increased. Therefore, it is important for applicants to consider the following points when filing the petition to remove conditions:
- File in the Correct Window: If you are filing jointly with your spouse, then you must file within the 90-day application window before your conditional green card expires. Applications prior to the window or after are generally not considered.
- Gather Evidence: It is an important aspect of the filing that you gather proper documented proof of a bona fide marriage. This includes joint accounts, statements, affidavits, residence documents, etc.
- Use Current Form: You must use the current and the newest edition of the form. You should download the form directly from the official USCIS website.
- Sign Where Needed: Both you and your spouse must sign physically or digitally wherever required. Unsigned forms face automatic rejection chances.
- Take Professional Help: With increased scrutiny, obtaining permanent residency in the US has never been harder. Therefore, it becomes important that you get it right. Professionals like the team at Documitra have years of experience in documentation and immigration services.
How Documitra Can Help
As stated above, it has been significantly exhausting and hard for applicants to obtain legal permanent residency in recent years. What is more, with a short application window, and your legal status on the line, it becomes important for you to get it right on the first attempt. For you will not get any more attempts. Therefore, you should apply for Form I 751 with experts who have years of experience handling documentation and immigration services, like the team at Documitra.
Ready to Remove Conditions on Your Green Card?
Explore Form I-751 Services Clear Guidance. Hassle-Free Documentation. Reliable Support.Frequently Asked Questions
The application window for filing the form I751 is 90-day before your conditional green card expires. If you are filing jointly with your spouse, then you must file within 90-day window. Filing earlier or later are generally not accepted by the USCIS.
Yes, you can still apply to remove conditions on your green card if you are divorced. You should file the petition and submit the required documents to the USCIS.
After submitting the application to the USCIS, typically it takes around 18 to 24 months for the petition to remove conditions on permanent residence to process. However, the timeline may change depending on factors such as office backlog, background verification, etc.
Generally, yes. After submitting the application, within 2 to 4 weeks, you will receive I-797C, Notice of Action. This will automatically extend the validity of your conditional green card to 48 more months (4 years). So, yes, while the petition is pending, you can live and work in the US.
