1. What is the I-751 Petition to Remove Conditions on Residence?

The I-751 Petition to Remove Conditions on Residence is an immigration form that must be completed and submitted to the United States Citizenship and Immigration Services (USCIS) in order to remove the conditions on a permanent resident status that was granted to a noncitizen who obtained their permanent resident status through marriage. The I-751 must be filed by the noncitizen and his or her spouse during the 90 days before the end of the two-year period of conditional residence. The form must be approved by USCIS in order for the noncitizen to retain their permanent resident status.

2. Who is eligible to file an I-751 Petition to Remove Conditions on Residence?

To be eligible to file an I-751 Petition to Remove Conditions on Residence, the petitioner must be a foreign national who obtained lawful permanent resident status through marriage to a U.S. citizen or lawful permanent resident. The petitioner must have been married for less than two years at the time when they received their conditional residency status. Additionally, the petitioner must still be married to the same spouse who petitioned for them and must be living in marital union with that spouse, unless there are extenuating circumstances such as divorce, death, or domestic abuse.

3. What documents are required to file an I-751 Petition to Remove Conditions on Residence?

In order to file an I-751 Petition to Remove Conditions on Residence, you will need to submit the following documents:

1. Form I-751 (Petition to Remove Conditions on Residence)
2. Two passport-style photographs of each petitioner and conditional resident
3. Copy of the conditional resident’s green card
4. Copy of the marriage certificate between the conditional resident and their U.S. citizen spouse (or copy of the termination of the marriage if applicable)
5. Evidence of cohabitation and financial interdependence between the petitioner and the conditional resident
6. Evidence of good faith marriage (such as telephone bills, joint bank statements, joint tax returns, etc.)
7. Any other documentation or evidence that demonstrates the validity of the marriage

4. How long do I have to file an I-751 Petition to Remove Conditions on Residence?

Generally, you must file your I-751 petition during the 90-day window before your conditional resident status expires. The USCIS typically recommends filing your petition at least six months before the expiration date on your Green Card.

5. What fees must I pay to file an I-751 Petition to Remove Conditions on Residence?

The filing fee for an I-751 Petition to Remove Conditions on Residence is $595. Additionally, you must also pay a biometrics fee of $85 in order to complete the process.

6. What is the filing address for an I-751 Petition to Remove Conditions on Residence?

The filing address for an I-751 Petition to Remove Conditions on Residence will depend on the residence of the petitioner and where they live. The USCIS website provides a list of addresses for different areas in the US. It is important to check the USCIS website for the most up to date information.

7. How long does it take to process an I-751 Petition to Remove Conditions on Residence?

The processing time for an I-751 Petition to Remove Conditions on Residence depends on the service center where your petition is being processed. Generally, the processing time ranges from 5 to 12 months.

8. Can I work while my I-751 Petition to Remove Conditions on Residence is pending?

Yes, you may work while your I-751 Petition to Remove Conditions on Residence is pending. You will need to apply for an employment authorization document (EAD) using Form I-765, Application for Employment Authorization.

9. Can my family members accompany me after filing an I-751 Petition to Remove Conditions on Residence?

Yes, your family members may accompany you after filing an I-751 Petition to Remove Conditions on Residence. Your family members should be included in the petition, and they must provide evidence of their own relationship to you. Additionally, any family members not included in the petition may accompany you on a separate visa category, such as a K-3 or K-4 visa if they are your spouse or child.

10. What is the difference between an individual and a joint filing for an I-751 Petition to Remove Conditions on Residence?

An individual filing for an I-751 Petition to Remove Conditions on Residence is when one spouse files the petition alone, without the joint filing of the other. A joint filing is when both spouses file the petition together to prove their marriage is genuine.

11. What happens if my I-751 Petition to Remove Conditions on Residence is approved?

If your I-751 Petition to Remove Conditions on Residence is approved, then you will be granted a 10-year permanent resident card.

12. What happens if my I-751 Petition to Remove Conditions on Residence is denied?

If your I-751 Petition to Remove Conditions on Residence is denied, your lawful permanent resident status will be terminated. You may then be placed in removal proceedings before an immigration judge.

13. How can I appeal a denial of my I-751 Petition to Remove Conditions on Residence?

You may appeal the decision by filing a Form I-290B, Notice of Appeal or Motion, and sending it to the office of the USCIS that issued the denial.

14. What evidence must I submit with my I-751 Petition to Remove Conditions on Residence?

The evidence you must submit with an I-751 Petition to Remove Conditions on Residence includes:

1. A copy of the biographic page of both the principal and the spouse’s passports;

2. Evidence that you and your spouse have maintained a bona fide marriage;

3. Evidence of any name changes;

4. Copies of any court orders relating to the termination of any prior marriages;

5. Copies of any documents showing the legal termination of any prior marriages;

6. Evidence of any joint ownership of property;

7. Evidence of your joint financial responsibilities;

8. Evidence of joint tax filings;

9. Birth certificates for any joint children; and,
10. Any other supporting documentation that you feel helps prove that you have a valid marriage.

15. Can I travel outside the United States while my I-751 Petition to Remove Conditions on Residence is pending?

Yes, you can travel outside of the United States while your I-751 Petition to Remove Conditions on Residence is pending. However, you will need to obtain advance parole before traveling. You may apply for advance parole by filing Form I-131, Application for Travel Document with USCIS.

16. Can a waiver be requested if I am unable to file a joint petition for an I-751 Petition to Remove Conditions on Residence?

Yes, a waiver can be requested if you are unable to file a joint petition for an I-751 Petition to Remove Conditions on Residence. The instructions for filing Form I-751 include a special section on waivers that addresses when and how a waiver can be requested.

17. Are biometrics required when filing an I-751 Petition to Remove Conditions on Residence?

No, biometrics are not required when filing an I-751 Petition to Remove Conditions on Residence. However, the USCIS may request that you attend a biometrics appointment to verify your identity during the processing of your petition.

18. Where can I find additional information regarding the I-751 Petition to Remove Conditions on Residence?

U.S. Citizenship and Immigration Services (USCIS) provides detailed information about the I-751 Petition to Remove Conditions on Residence. The website includes information about who is eligible to file, how to file, and required supporting documents. The website also includes videos and a list of frequently asked questions. More information can be found at: https://www.uscis.gov/i-751

19. When will the Department of Homeland Security make a decision on my I-751 Petition to Remove Conditions on Residence?

The timeline for a decision on an I-751 Petition to Remove Conditions on Residence will vary depending on individual cases and backlogs at the Department of Homeland Security. Generally, the decision could take anywhere from 10 months to over a year from the time the petition is filed.

20. How will I receive notification of a decision regarding my I-751 Petition to Remove Conditions on Residence?

If your petition is approved, you will be notified by mail and receive your new Permanent Resident Card (Green Card). If your petition is denied, you will be notified by mail with the reason for the denial.