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EB1 & NIW ASSESSMENT

    I-751 (Petition to Remove Conditions)

What Is the I-751 Petition?

The I-751 petition is your pathway to removing the conditional status of your permanent residency, transitioning you to a 10-year green card. If you obtained your green card through a marriage that was less than two years old at the time of approval, your residency is conditional for two years. This condition helps USCIS ensure the marriage wasn’t entered to evade immigration laws. Filing Form I-751 within the 90-day window before your conditional green card expires allows you to prove the authenticity of your marriage and secure full permanent residency.

At USA Visa Now, we understand the importance of this step. Our attorneys help you gather the right evidence – like joint financial records or affidavits – to demonstrate your marriage’s legitimacy, ensuring you can continue building your life in the U.S. without the risk of deportation.

Failing to file Form I-751 on time can result in the automatic termination of your conditional resident status. This may trigger removal (deportation) proceedings and jeopardize your ability to remain in the United States. It’s critical to file during the 90-day window before your green card expires to protect your immigration status.

Eligibility for the I-751 Petition

The eligibility and filing requirements for Form I-751 vary depending on your current marital status and circumstances. If you are still married, you file jointly with your spouse. However, if the marriage has ended due to divorce, annulment, abuse, or the death of the U.S. citizen spouse, you may still file individually under a waiver request. USCIS recognizes that not all marriages last and provides mechanisms for good-faith marriages that unfortunately did not survive. Here are the main scenarios under which you can file:

Joint Filing with Your Spouse

File together with your spouse if you are still married and living together.

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If you are still married and living with your U.S. citizen or permanent resident spouse, you must file Form I-751 jointly. This is the most common filing method and requires strong evidence that your marriage remains genuine and ongoing.

Waiver for Divorce

File individually if your marriage ended due to divorce or annulment.

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If you are no longer married because of divorce or annulment, you can file Form I-751 individually by requesting a waiver. You must demonstrate that the marriage was entered into in good faith, even though it ultimately ended.

Each waiver category demands strong, specific evidence. Divorce decrees, protective orders, police reports, therapy records, or affidavits from counselors or support groups are common supporting documents for waiver cases. Filing a waiver can make the process more complex, but with proper preparation, many applicants successfully obtain permanent residency even without a joint filing.

Application Process

Conditional residents must file Form I-751 to remove the conditions on their green card and secure permanent resident status. This must be done within the 90-day window before the card expires. Filing properly and on time is critical to maintaining lawful status. The steps for filing Form I-751 are as follows:

Complete Form I-751

Complete and submit Form I-751 to USCIS within the 90-day window before your conditional green card expires. If filing jointly, both you and your spouse must sign the form. If filing with a waiver, check the appropriate box on the form to indicate the reason (e.g., divorce, hardship, or abuse).

Gather Supporting Evidence

Prepare strong documentation that proves your marriage was entered in good faith. This may include joint bank account statements, leases, insurance policies, children's birth certificates, photos, and affidavits from friends or family. For waiver cases, evidence supporting divorce, abuse, or extreme hardship must be included.

Submit Biometrics

USCIS will schedule a biometrics appointment where they will collect your fingerprints, photograph, and signature. This is used for background checks and identity verification as part of the processing.

Attend an Interview (if Required)

USCIS may schedule an interview to verify the authenticity of your marriage or review your waiver request. Not all I-751 petitions require an interview - USCIS often waives interviews for cases with strong evidence - but you should be prepared.

Receive a Decision

If USCIS approves your petition, you will receive a new 10-year green card without conditions. If they intend to deny the petition, you may first receive a Notice of Intent to Deny (NOID) and have an opportunity to respond before a final decision is made.

I-751 Attorney Fees

We assist clients with removing the conditions on their green card by preparing and filing the Form I-751 petition accurately and efficiently.

  • Attorney Fee: $1,995

How to Get Started – Simple 3-Step Process

  1. Request a Retainer
    Fill out a quick form to request your I-751 Retainer Agreement.
    Request Retainer Agreement

  2. Sign and Begin
    Return the signed agreement along with the attorney fee. We’ll set up your secure client portal so you can complete your questionnaire and upload supporting documents.

  3. We Handle the Filing
    Once all documents are ready, we prepare and submit your I-751 petition to USCIS. We monitor the case and follow up until your 10-year green card is approved and delivered.

  • Form I-751: $750 (includes biometrics)
  • Medical Exam (if requested by USCIS): $200–$500 (varies by provider)
  • Form I-751: Completed and signed by both you and your spouse (for joint filing) or by you alone (for waiver filing).
  • Copy of Your Conditional Green Card: A copy of the front and back of your conditional resident card.
  • Evidence of a Good-Faith Marriage or Relationship: Joint financial records (e.g., bank statements, tax returns), lease or mortgage agreements, utility bills, photos together, birth certificates of children born during the marriage, and affidavits from friends or family.
  • Two Passport-Style Photos: 2×2 inches, meeting USCIS specifications (white background, no glasses), for each person included in the petition (you and any dependent children).
  • Additional Evidence for Waiver Filings: For divorce, include your divorce decree and evidence of a good-faith marriage; for abuse, include police reports or medical records; for extreme hardship, include documentation of medical or financial hardship.
  • Children’s Documents (if applicable): If including dependent children, provide their birth certificates and copies of their conditional green cards.
I-751 Petition, I-90 Application

Common Challenges and How to Avoid Them

The I-751 petition process can present several challenges that may delay approval or lead to denial. Being aware of these issues and addressing them proactively can help ensure a smoother experience.

Insufficient Evidence

USCIS needs proof of a genuine marriage. Missing joint records like bank statements or photos can lead to denial. Gather strong evidence early with help from an attorney to support your case.

Late Filing

Missing the 90-day window can terminate your residency. Late filings need a valid reason, like hospitalization. An attorney can justify your delay to avoid deportation risks.

Divorce or Separation

Divorce before filing requires a waiver. Proving a good-faith marriage with joint records can be tough. An attorney can help present evidence to strengthen your waiver case.

USCIS Interview Requests

If USCIS suspects fraud or lacks evidence, they may schedule an interview. Being unprepared or giving inconsistent answers can lead to denial. An attorney can help you prepare, ensuring you present a strong case.

Frequently Asked Questions

How Long Does It Take to Process Form I-751?

Processing times vary but typically range from 12 to 36 months, depending on USCIS backlogs and whether an interview is required. Your conditional residency is extended for 48 months while your petition is pending, allowing you to remain in the U.S. legally.

Can I Work or Travel While My I-751 Is Pending?

Yes, the receipt notice (Form I-797C) extends your residency for 48 months, allowing you to work and travel. For international travel, carry your expired green card and the receipt notice as proof of status.

What Happens If My I-751 Petition Is Denied?

If denied, USCIS may terminate your residency and initiate deportation proceedings. You can appeal the decision, request a hearing before an immigration judge, or refile with additional evidence. An attorney can help you explore your options.

Can I File Form I-751 If I’m Divorced?

Yes, you can file individually with a waiver if you’re divorced or separated. You must prove the marriage was entered in good faith, using evidence like joint financial records or affidavits from during the marriage.

What happens if I forget to file Form I-751 on time?

Failure to file within the 90-day window could result in loss of status and removal proceedings. However, you may submit a late petition with a written explanation, and USCIS may accept it for “good cause.”

Can I remarry and still remove conditions if I divorced my original spouse?

Yes. If you remarried but the original marriage was genuine, you may still apply for a waiver and remove conditions.

Can children be included in my I-751 petition?

Yes, dependent children who received conditional green cards at the same time or through your marriage may be included on your Form I-751.

Will USCIS notify me if they need more information?

Yes. If additional documentation is needed, USCIS will issue a Request for Evidence (RFE). Responding fully and promptly is crucial.

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