I-751: Petition to Remove Conditions on Residence

What is I 751 Form?

The purpose of I-751 form is to petition to remove conditions on residence. While applicants can obtain a green card through various methods (e.g., marriage, employment), Form I-751 is only applicable for applicants that gained the conditional resident status through marriage. In order to receive conditional resident status, foreign nationals must have a valid marriage to a U.S. citizen or a lawful permanent resident. Applicants who are still married to a spouse have 90 days before the conditional resident status expires.

If applicants have children, they must include their full names and alien registration number in the same application. If the application does not include them, applicants have 90 days to include append their name to the existing application.

In most cases, applicants filing Form I-751 are married to their spouse, but there are situations where you may file without your spouse

  • Your spouse has died
  • You and your spouse have filed for divorce
  • You have been subject to domestic violence
  • You suffered from extreme hardship

Applicants failing to file I-751 will lose the permanent resident status after 2 years from the date you received the conditional resident status. After the expiration, applicants shall be subject to removal from the U.S. In some cases, USCIS will accept application under extreme circumstances after the status has expired. Consult with an immigration legal professional for the best course of action.

Applicants can download a copy of Form I-751 from the USCIS website.

 

What are Form I-751 Instructions?

Married couples who submit I-751 must follow instructions and submit completed forms. Forms that are incomplete or incorrect amount of payment may lead to a rejection. On December 23, 2016, USCIS has changed the total fee for I-751 to $680. The fee includes a filing fee of $595 and a biometric service fee of $85. Applicants filing with dependents must pay additional $85 biometric service fee per dependent.

Applicants under certain financial circumstances can file a fee waiver form (I-912) to waive the filing and biometric fees. An example of valid circumstance is an individual living at or below 150% of federal poverty guidelines.

To file Form I-751, applicants must file either to the California Service Center (CSC) or the Vermont Service Center (VSC) depending on the applicant’s state of residence.

Applicants must file at the California Service Center if residing in one of the following states:

  • Alaska
  • American Samoa
  • Arizona
  • California
  • Colorado
  • Florida
  • Guam
  • Hawaii
  • Idaho
  • Illinois
  • Indiana
  • Iowa
  • Kansas
  • Louisiana
  • Michigan
  • Minnesota
  • Missouri
  • Montana
  • Nebraska
  • Nevada
  • New Mexico
  • North Dakota
  • Ohio
  • Oklahoma
  • Oregon
  • South Carolina
  • South Dakota
  • Tennessee
  • Texas
  • Utah
  • Washington
  • Wisconsin
  • Wyoming

 

Applicants must file at the Vermont Service Center if residing in one of the following states:

  • Alabama
  • Arkansas
  • Connecticut
  • Delaware
  • Washington, D.C.
  • Georgia
  • Kentucky
  • Maine
  • Maryland
  • Massachusetts
  • Mississippi
  • New Hampshire
  • New Jersey
  • New York
  • North Carolina
  • Pennsylvania
  • Puerto Rico
  • Rhode Island
  • Vermont
  • Virginia
  • U.S. Virgin Islands
  • West Virginia

 

What is I-751 Processing Time?

Approximately 2 to 4 weeks after filing Form I-751, USCIS will send out a notice of action (I-797) to applicants. Applicants should carefully review the I-797 to understand the action USCIS has taken. If the application has been approved, USCIS will schedule an appoint for biometric service and an optional in-person interview. While some applications may be approved without an in-person interview, USCIS Adjudication Unit will schedule an interview if further validation of the marriage is required. Once an adjudicator reviews the applicant, fraud level ranging from A to C is assigned to an application.

 

Fraud Level A

  • Level A is the most severe fraud level.
  • Cases in Level A contain errors in the application or do not have enough supporting documents. An example is an application where the married couple does not live together, or there’s a large age gap between the couple.

 

Fraud Level B

  • Cases in Level B do not contain errors, but supporting documents do not provide full legitimacy of the marriage. An example is an application with minimal number of required documents.

 

Fraud Level C

  • Level C is the least severe fraud level.
  • In most cases, USCIS adjudicator approves the application as the application and supporting documents have no cause for suspicion.

 

After the fraud level is assigned to an application, the district USCIS will schedule for an interview. While all applications with fraud level A will require interviews, level B and level C have a lower percentage of an in-person interview. To avoid delays in the immigration process, applicants should file I-751 with complete supporting documents.

What is the Latest Form I-751 Edition?

The latest edition of Form I-751 is the 10/27/20 edition.

What are the Required Documents for Form I-751?

To file Form I-751, you will need the following documents:

1. A copy of your current green card.
2. Proof of a valid marriage (e.g., marriage certificate, joint bank account statements, joint lease, joint mortgages, etc.).
3. Evidence that the marriage was not entered into for the purpose of evading immigration laws (such as photographs, correspondence, and other documents).
4. Copies of any divorce or death certificates (if applicable).
5. Any additional evidence requested by USCIS in response to your I-751 filing.
6. Copies of all police and court records (if applicable).
7. Evidence of good moral character (if applicable).
8. Copies of any waivers you are requesting (if applicable).
9. A biometric services fee payment receipt (if applicable).
10. Copies of Form I-94 and passport (if applicable).

How to Submit Form I-751?

1. Gather Required Documentation – You’ll need to provide evidence of your marriage and evidence of your continuing relationship. Examples of evidence of your marriage include copies of your marriage certificate, joint financial documents, or affidavits from people who know you and your spouse. Examples of evidence of your continuing relationship include joint leases or mortgages, birth certificates of children, joint utility bills, and joint bank statements.

2. Complete the Form I-751 – Fill out Form I-751, Petition to Remove Conditions on Residence. The form asks for basic information about you and your spouse, including names, dates of birth, and addresses. You’ll also need to check the box for the type of relief you’re seeking—waiver or adjustment—and provide a detailed statement about why you are eligible for the waiver or adjustment.

3. Submit Your Form I-751 – You must submit Form I-751 and all required documentation in one package to USCIS. There is a filing fee of $595 that must be paid when you submit the form (unless you are eligible for a fee waiver). The address where you should send the form and documentation depends on where you live—check the USCIS website for more information.

4. Attend Biometrics Appointment – After submitting your Form I-751 and all required documentation, you should receive an appointment notice for a biometrics appointment in the mail within 4–6 weeks. At this appointment, USCIS will collect fingerprints, photographs, and signatures from you and your spouse.

5. Wait for a Decision – USCIS will review your application and make a decision regarding your petition. Once USCIS has reviewed your case, they’ll send you an approval notice if they approve your petition or a notice of intent to deny if they deny it. If your petition is denied, you can appeal the decision or file a motion to reopen/reconsider with USCIS.

What are the Filing Tips for Form I-751?

1. File your Form I-751 as soon as possible after your conditional residence expires. It is recommended that you file your Form I-751 at least 90 days before the expiration date of your conditional residence.

2. Gather all required documents and evidence to support your petition. Required documents can include proof of a valid marriage, joint financial documents, birth certificates of any children, and more.

3. Carefully fill out the Form I-751. Ensure you provide accurate information and you sign and date the form.

4. Make sure to include two passport-style photos, with your name and A-Number written on the back of each photo.

5. Make sure to include the required filing fee with your application. You can pay the fee with a money order, personal check, or a credit card with Form G-1450.

6. Mail your Form I-751 to the appropriate USCIS address, which can be found on the form instructions. Make sure to include a copy of all evidence with your application.

7. Once you have sent in your Form I-751, you can track the progress of your application online or by calling the USCIS National Customer Service Center at 1-800-375-5283.

Are There Special Instructions for Form I-751?

Yes, the instructions for Form I-751 are listed on the USCIS website (https://www.uscis.gov/i-751). The instructions include information about who may file Form I-751, what documents must be included with the form, and the filing fees for the form. Additionally, the instructions provide information about where to file the form and what to do if the form is lost, stolen, or damaged.

What is the Form I-751 Fee?

The Form I-751 Fee is the fee that must be paid when filing Form I-751, Petition to Remove Conditions on Residence. The fee is currently $595 and must be paid by check or money order payable to the United States Department of Homeland Security. Additionally, if you are filing jointly with your spouse, you must include an additional $85 biometric services fee.

Can I Apply for Form I-751 Fee Waiver or Reduction?

Yes, you can apply for form I-751 fee waiver or reduction. In certain cases, U.S. Citizenship and Immigration Services (USCIS) may reduce or waive the filing fee for Form I-751, Petition to Remove Conditions on Residence. To qualify for a fee waiver, you must submit Form I-912, Request for Fee Waiver, with your petition. To qualify for a fee reduction, you must submit Form I-942, Request for Reduced Fee.

When applying for a fee waiver or reduction, you must submit evidence that establishes that you are unable to pay the filing fee because of poverty or destitution.

If USCIS approves your fee waiver or reduction request, it will notify you in writing and provide instructions on how to submit your petition without paying the filing fee.

Form I-751 Frequently Asked Questions

Q: What is Form I-751?
A: Form I-751 is a form used to remove the conditions on an individual’s permanent residence status. The form must be filed within 90 days before the expiration of the two-year conditional residence period. It is used to establish that the marriage upon which the permanent residence was based was not entered into for immigration purposes.

Q: Who should file Form I-751?
A: Form I-751 must be filed by individuals who have been granted conditional permanent residence status through marriage to a U.S. citizen or lawful permanent resident. Conditional permanent residence is typically granted for a two-year period and must be renewed before it expires.

Q: What information do I need to complete Form I-751?
A: You will need to provide biographic information, details about your spouse, evidence of your marriage and proof of termination of any prior marriages, documentation of any name changes since your conditional permanent residence was granted, and other evidence of a valid marriage and good faith relationship with your spouse.

Q: How can I submit my Form I-751?
A: You can submit your form either by mail or through the USCIS online filing system, e-File. You must also include the required fees and supporting documents in order for your application to be accepted.

Q: How long does it take to process Form I-751?
A: The processing time for Form I-751 depends on the particular USCIS office that is handling your case. Generally, it takes anywhere from 7 months to 1 year for USCIS to process your application.