1. How long does the I-751 process take?

The typical processing time for Form I-751, Petition to Remove Conditions on Residence is 8–10 months. However, processing times vary from case to case and can take up to several years in some instances.

2. How do I submit my I-751 application?

The I-751 application must be submitted by mail. U.S. Citizenship and Immigration Services (USCIS) does not accept online or in-person applications. The application must be sent to the correct address listed on the form instructions.

3. What documents do I need to submit with my I-751 application?

You will need to submit the following documents with your I-751 application:

– Form I-751, Petition to Remove Conditions on Residence
– Your current U.S. permanent resident card
– Proof of your marriage (photographs, joint checking or savings accounts, affidavits from friends and family, etc.)
– Proof of your joint residence (copies of leases or mortgages and utility bills)
– Any evidence that shows the marriage was not entered into for the purpose of evading immigration laws (birth certificates of children born to the couple, proof of joint filing of tax returns, proof of joint ownership of property, etc.)
– Financial documents showing joint assets and liabilities jointly held by the couple
– Any evidence of good faith between the couple (joint bank accounts, travel records, joint insurance policies, etc.)

4. What happens if my I-751 application is denied?

If your I-751 application is denied, you may be placed into removal proceedings. You may also be eligible to apply for another form of relief from deportation, such as asylum or cancellation of removal. You should consult with an experienced immigration attorney to explore your options.

5. Do I need to attend an interview for my I-751 application?

Yes. USCIS requires most couples to have an in-person interview as part of the I-751 application process. An interview may be waived if the couple has been married for more than two years, if the marriage was terminated due to divorce, or if there are unusual circumstances that make an interview impossible.

6. How do I access the results of my I-751 application?

You can check the status of your I-751 application online using the USCIS online case status tool. You can also contact the USCIS National Customer Service Center at 1-800-375-5283 for information about the status of your application.

7. What are the requirements to remove conditions on permanent residence?

The requirements to remove conditions on permanent residence are as follows:

1. File Form I-751, Petition to Remove Conditions on Residence, during the 90-day period before your conditional residence expires.

2. Include a copy of your green card, two passport-style photos, and proof that you entered into the marriage in good faith.

3. Pay the applicable filing fee and biometrics fee.

4. Attend an interview with USCIS at a local office (if required).

5. Provide additional evidence of your marriage (if requested).

8. Can a joint sponsor help me with the I-751 process?

Yes, a joint sponsor can help you with the I-751 process. A joint sponsor must submit Form I-864, Affidavit of Support, to provide evidence that they will financially support the immigrant throughout the green card process. The joint sponsor must also provide evidence of their financial ability to do so.

9. What if I disagree with a decision made on my I-751 application?

If you disagree with a decision made on your I-751 application, you can file for an administrative appeal or a motion to reopen/reconsider the case. Each of these options is subject to certain conditions and requirements, so it is best to speak with an immigration attorney for advice on the best course of action.

10. What happens if my petition is approved?

If your petition is approved, the beneficiary of the petition will be able to apply for a visa to travel to the United States. If the beneficiary is already in the United States, he or she may be eligible to apply for permanent residence.

11. Is a waiver available for the I-751 process?

Yes, a waiver is available for the I-751 process. In order to be eligible for a waiver, you must show that the marriage was entered into in good faith but ended in divorce or annulment; or that the marriage was entered into in good faith but your spouse has died; or that you have suffered extreme hardship if you were removed from the US.

12. Does USCIS accept late filing of an I-751 petition?

No, USCIS does not generally accept late filings of an I-751 petition. However, if there are extenuating circumstances that prevented the petition from being filed on time, then you may be able to submit a request for an exception.

13. Can I travel while the I-751 application is pending?

Yes, if you have a valid passport and an unexpired conditional permanent resident card. However, it is strongly recommended that you carry the approved receipt notice for your Form I-751 with you when you travel abroad.

14. Can an attorney help me with the I-751 process?

Yes, an attorney can help you with the I-751 process. An attorney can help you prepare your I-751 petition, provide legal advice, represent you in court, and provide assistance throughout the entire process.

15. What is a conditional permanent resident card (green card)?

A conditional permanent resident card (green card) is a card issued to a foreign national who has been married to a U.S. citizen or a lawful permanent resident, or to an investor, for less than two years. This type of green card allows an individual to live and work in the United States for two years but must be renewed before it expires.

16. Are any fees associated with the I-751 process?

Yes, there are several fees associated with the I-751 process, including the filing fee, biometric services fee, and attorney fees.

17. What should be included in the cover letter for an I-751 petition?

The cover letter for an I-751 petition should include: your name, mailing address, date of marriage, date of divorce or annulment (if applicable), USCIS filing fee receipt number, a brief description of the evidence you are submitting with the petition, and your contact information. Additionally, if you are filing jointly with your spouse, you should both include your names and signatures in the cover letter.

18. How can I provide evidence of a good faith marriage for the purposes of an I-751 petition?

Evidence of a good faith marriage can include photographs of the couple together, correspondence between the couple, joint bank account statements, joint tax returns, and a copy of the marriage certificate. Other documents such as utility bills, medical records, school records, and lease agreements with both names listed can also be used. A letter from friends or family who know both parties and attended the wedding can provide supporting evidence as well.

19. How long do conditional residents have to wait for a decision on their I-751 application?

Decisions on I-751 applications typically take up to 1 year. However, the processing time depends on the workload of the USCIS and can vary substantially.

20. Can children be included in an I-751 petition?

Yes, children can be included in an I-751 petition. The child must be the petitioner’s biological or adopted child who is under the age of 18.