I-751 Petition to Remove Conditions
The path to a sour green card
I-751 Petition to lift the conditions
The I-751 petition allows individuals who have received a conditional green card based on a marriage to a U.S. citizen to remove the conditions of their residency permit. This step is critical to obtaining a permanent green card and living in the U.S. long-term. The process requires careful documentation to confirm the authenticity of the marriage and that the spouses are living together.
FAQ
Frequently asked questions
The I-751 petition often raises questions about the evidence required and the time frame of the procedure. Our FAQs provide important information on the requirements, the application process and the measures to be taken once the petition has been submitted. For detailed questions or specific concerns, you can always call on our expertise.
Who needs to file an I-751 application?
All Conditional Green Card (CR-1) holders must apply to have these conditions waived. CR-1 Green Cards are issued to spouses who have been married for less than 2 years.
When must the I-751 application be submitted?
The application can be submitted no earlier than 90 days before the conditional green card expires, but must be received by USCIS before the green card expires. The expiration date can be found on the front of the green card.
What happens if I submit the I-751 application too late?
If the application is not received by USCIS before the conditional green card expires, there can be serious consequences. You will automatically lose your resident status and begin residing in the U.S. unlawfully, and the U.S. government may lawfully remove and deport you. If the application is not filed within 60 days of the expiration of conditional resident status, you may receive a Notice to Appear, which will initiate removal proceedings.
USCIS can only consider a late filing if the applicant satisfactorily demonstrates to USCIS a "good cause" for failing to file on time. There is broad discretion as to what constitutes "good cause," but some examples may include: hospitalization, long-term illness, or the death of a family member.
What happens if I get divorced before the conditional green card expires?
If you were divorced prior to filing your I-751 petition, you can still file the application. However, you must include a waiver based on the divorce and a copy of the divorce decree with the application. Normally, I-751 Petitions are filed together as a married couple. If you are divorced, you must request a waiver from USCIS so that the petition does not have to be filed jointly with your former spouse. Furthermore, you must prove that your marriage was entered into in good faith despite the subsequent divorce.
What documents do I need to file the I-751?
The I-751 petition must be submitted with a copy of your Permanent Resident Card and proof of the authenticity of the relationship. Exceptions and special considerations apply to individuals who are abroad due to military or government orders; individuals who are applying as an individual because their spouse is deceased or the marriage has broken down.
What happens after I file the I-751 petition?
Upon receipt of the I-751 petition, USCIS will send you a notice of receipt and invite you to an appointment for biometrics services. At this appointment, you will be fingerprinted and photographed. You will then receive an invitation for an interview.
Can I travel while my I-751 is being processed?
Yes, you are allowed to leave the country while your I-751 is being processed. Please note that in addition to your passport and green card, you must also carry the confirmation of receipt with you, which is considered a temporary extension of your green card.
How long does it take for the I-751 to be approved?
The current processing time (November 2024) is 30.5 months.