What is Form I-751?
Form I-751 is the Petition to Remove Conditions on Residence. Green Cards issued to conditional residents are good only for two years. Conditional Green Cards cannot be renewed. To maintain a legal residence, individuals who gained conditional resident status through marriage must use Form I-751 to apply for permanent status 90 days before their conditional Green Card expires.
What evidence or marriage documents do I need to submit Form I-751?
Instructions for Form I-751 detail the documents that applicants must submit for themselves as well as any dependent children. USCIS encourages applicants to submit as much evidence as possible. The documents submitted serve as proof that the marriage was a valid, legal one. General requirements include copies of both the front and back of
- Your Permanent Resident Card or Alien Registration Card as well as copies of any cards issued for your conditional resident children.
- Evidence that your marriage is or was a valid relationship. Depending on your set of personal circumstances, this may include
- birth certificates for children born from the union;
- financial records showing joint assets;
- lease or mortgage contracts proving joint residency;
- death certificates or divorce decrees;
- police reports, court orders or other legal documentation; and
- affidavits from witnesses who are able to vouch for your marriage’s validity.
- Full translations for any supporting evidence or documents that are in any language other than English. The translator must also certify that the translation is accurate.
When should I submit Form I-751?
Conditional residents who gained Green Cards through marriage can submit Form I-751 and petition to remove conditional status 90 days before their Green Card expires. USCIS will return I-751 applications that are submitted prior to the 90 days.
Can I submit Form I-751 and apply to remove conditional resident status if I am divorced or if my spouse died?
Yes. As long as you have conditional status, you can file Form I-751 at any time as long as you still reside within the United States if
What is the filing fee for Form I-751?
- your spouse dies,
- you and your spouse divorce, or
- you or your child who is also a conditional resident were “battered or subjected to extreme cruelty.”
The filing fee for Form I-751 to remove conditional status is $680 total—$595 for the application fee and an $85 biometrics fee.
Does my Form I-751 application cover my children?
It depends on personal circumstances. If the children gained conditional residency at the same time that you did or within 90 days of your date, you can include them on your Form I-751. If, however, the dates differ by more than 90 days, if the conditional parent dies, or if a child for some reason cannot be included on a parent’s Form I-751, those children must file a Form I-751 separately.
What happens if I do not file a Form I-751?
If you fail to file Form I-751, your legal conditional resident status will expire. USCIS will issue a notice and summon you for a hearing. While applicants can submit late requests with documentation proving that they were not at fault for the delay, willfully failing to submit Form I-751 within the appropriate time frame can jeopardize your legal resident status.