If you acquired a conditional green card through marriage, filing Form I-751, Petition to Remove Conditions on Residence, is important to maintain your lawful permanent resident status. This form allows you to prove that your marriage is legit and not just for immigration purposes. Here’s what you need to know.
What Is Form I-751?
Form I-751 is filed by individuals who received conditional permanent residence after marrying a U.S. citizen or lawful permanent resident. Conditional green cards are valid for only 2 years, so you must file the I-751 to transition to a permanent 10-year green card.
Who Should File the I-751?
- Joint Petition: Typically, you and your spouse file Form I-751 together within 90 days before your conditional green card expires.
- Waiver Petition: If your marriage has ended due to divorce, annulment, or your spouse’s death, or if you experienced abuse, you can file for a waiver.
When and How to File?
- When to File: You must submit the I-751 no later than the expiration date of your conditional green card. Filing late can jeopardize your status.
- How to File: Include supporting evidence of your marriage, such as joint bank statements, leases, tax returns, and photos.
What Happens After Filing?
Once USCIS receives your petition, they will:
- Issue a receipt notice that extends your conditional residency for 48 months while your case is pending.
- Schedule a biometrics appointment for fingerprints and a photo.
- Possibly request additional evidence (RFE) if they need more proof of a bona fide marriage.
In some cases, an interview may be required before approval.
Why It’s Important to File on Time
Failing to file Form I-751 can result in losing your status and facing removal proceedings. Working with an experienced immigration attorney can help you navigate this process efficiently and avoid mistakes.
At the Law Offices of Garcia & Ramirez, we guide clients through every step of the I-751 process. Contact us today for personalized support and peace of mind.
