Your conditional green card is about to expire, so it's time to switch to a regular one.Form I-751, Application for Waiver of Residency Requirements,it is for conditional permanent residents who obtained their status through marriage and wish to waive their conditions of permanent resident status by converting to a 10-year green card. Read on for more information on required supporting documents, submitting the form, required supporting documents, details on a sample I-751 affidavit, and some frequently asked questions.
What is Form I-751 used for?
Use Form I-751 to ask USCIS to remove the terms on your green card so that you can enjoy long-term permanent residence benefits. You must prove that the marriage is genuine and not just used to enter the United States. It is still possible to remove the green card conditions for those who have a conditional green card but the marriage has been dissolved if you can show that the marriage was originally bona fide. Due to the complexity and risk of losing immigration benefits, you should consult an immigration attorney for these cases.
Do I have a conditional green card?
USCIS grants a conditional Green Card to individuals who are married to a US citizen or lawful permanent resident under the age of two when they apply for permanent residence. These conditional green cards differ from regular green cards in that they are valid for a shorter period of time. If you have a CR-1 visa, you have a conditional green card.
Who must file Form I-751?
If you have a conditional green card, you must file Form I-751 to remove the conditions on permanent resident status. Otherwise, your conditional green card will be lost and USCIS will start removal proceedings against you.
When to File Form I-751
When should the form be filled out? The answer depends on whether you are still married and applying with your spouse or alone and whether your green card has expired.
Married filing jointly
File a joint petition with your spouse 90 days before your conditional green card expires.Do not apply before the 90 days are up and do not wait until the 90 days are up to apply.If your conditional green card has expired, you can get a waiver by writing a letter explaining why you couldn't present it before it expired. Please note, however, that there is no guarantee that USCIS will grant the waiver.
If your marriage is overdue due to death,divorce, cancellation, etc., you can still request the cancellation of the conditions yourself. A section must be completed to waive the joint filing requirement. Be sure to have your lawyer review all of your information to ensure that you have shown extreme toughness.
Expired Conditional Green Card
You can still submit the form if your conditional green card has expired. However, there are certain criteria. First, you must submit a letter that clearly states why you are running late. USCIS may make an exception if the delay is due to extraordinary circumstances and the delay was reasonable and therefore shows good cause. Exceptional situations beyond the control of the applicant are a valid reason for a late application.
Instructions for Form I-751 - step by step
Below is how to complete the form in our I-751 instruction manual. The first step after downloading the form is to type in black ink or print all of your responses.
Part 1: Information about you, the conditional resident
This section relates to information about you (conditional resident). Enter your first name, last name and middle name and any other names you have used in a legal context. Also provide your date of birth, country of birth, country of citizenship, A number, US Social Security number (if applicable), USCIS online account number (if applicable), marital status, mailing address/ Physics and additional questions on lines 18-23. Some of the questions include:
- Are you in deportation, deportation or annulment proceedings?
- Have you paid a fee to anyone other than an attorney in connection with this petition?
- Have you ever been arrested, detained, charged, charged, fined, or imprisoned for breaking or violating any law or regulation?
Part 2: Biographical Information
The second section asks questions about your ethnicity, race, height, weight, eye color, and hair color.
Part 3: Basis of the petition
The first question in this section asks if your conditional residence is based on your marriage to your spouse or your parents' marriage to a US citizen/lawful permanent resident. Check the appropriate box. If you are unable to file a joint petition, select the reason in the Waiver or Individual Petition section. The options are:
- my spouse passed away
- My marriage was bona fide but ended by divorce or annulment.
- I was married in good faith and during the marriage I was subjected to abuse or extreme cruelty by my US citizen or lawful permanent resident spouse.
- My parents were married in good faith, and during the marriage I was beaten or subjected to extreme cruelty by my parents' US citizen or lawful permanent resident spouse or conditional resident parent.
- Terminating my status and being removed from the United States would result in extreme hardship.
Part 4: Information about the U.S. Citizen or Lawful Permanent Resident Spouse
In this section, enter basic information about the green card holder or their US citizen spouse.
Part 5: Information about your children
If you have children, enter their names, dates of birth, and A numbers in this section along with their physical addresses.
Part 6: Housing for people with disabilities and/or deficiencies
If you have a disability or impairment (eg, deaf, blind, etc.) with which you need help from US immigration authorities, please document it in this section.
Part 7 and Part 8
These parts help make sure all the information you and your spouse submitted is correct and that you understand all the questions.
Part 9: Contact information, certificate and signature of the interpreter and Part 10: Contact information, statement, certificate and signature of the person preparing this petition if other than the petitioner
This section contains the information of all the people who helped you complete the form.
Form I-751 Supporting Documents Checklist
If you are wondering what documents you need for the I-751, here is a list:
- Copies of your conditional green card or permanent resident card (front and back views)
- Copies of all children's green cards (if included in the petition)
- Documents proving the legitimacy of the marriage (paper evidence showing living together, lease, mortgage, utility bills, joint financial accounts, joint property, etc.)
- If you are not applying together, you must provide proof of this, e.g. divorce decree, spouse's death certificate, etc.
- If you have been convicted of a crime or criminal activity, please provide these documents
- If applicable, you must include documentation to show why you are filing alone (spouse's death certificate, documentation of domestic violence, etc.).
- If applicable, you must include a reason for the delay
Are you enlisting as a military abroad? If yes, please attach two passport size photos, his fingerprint cards (Form FD-258) and his military order.
Document proving the legitimacy of the relationship – Exhibit I-751
Your immigration attorney may recommend that you submit additional legal documents to prove the relationship. I-751 forms of evidence include:
- proof of joint residence
- property title
- Public service's bill
- Joint Statements
- Joint paternity test
- Birth certificate/child adoption certificate
- Photos of the couple with the children.
- Children's school or medical records.
- Other forms of proof:
- Photos from holidays, weddings, parties.
- Written or postal communications
- gift receipts exchanged
Where to file Form I-751?
The I-751 deposit address depends on where you live in the United States. you should find outLocation of your responsible officebefore filling out the form.
The I-751 filing fee is $595. You must pay an $85 biometric service fee for each person requesting removal of conditions on residence on the same form. You can pay the fee with a money order, personal check, or cashier's check. If you apply at a USCIS locker facility, you can alsopay with credit cardto useForm G-1450, Authorization for Credit Card Transactions. If you are paying by check, you must make your check payable to the US Department of Homeland Security issue. Service centers cannot process credit card payments.
Next steps after submitting your form
After completing the form, look for it because you should receive an acknowledgment (Form I-757) from USCIS that they have received it. The total processing time of the form depends on the service center that is processing it and the waiting time. Regardless, your green card remains valid until USCIS settles your I-751. Please note that as a conditional green card holder, you may be required to interview with USCIS. If all goes well and USCIS approves your application, you will receive a notice and a 10-year green card in the mail.
I-751 Status Verification
As with many USCIS forms, you can check the status on their website. If the application is taking longer than expected, you may contact USCI to request an update on the status of your application.
Reasons for rejection of Form I-751
Basically, there are only three reasons for rejection:
- Your marriage was fraudulently or legally annulled, or you filed another application for immigration status
- You did not show up for the interview or you submitted your application late without giving a reason
- You have provided conflicting or incorrect information on your application
What to do if you are rejected
You will receive a Notice to Appear (NTA) if your application is denied. Removal proceedings will be initiated against you and you will be required to attend a court hearing. However, you can defend your residency status:
- Filing a new I-751 for reasons other than the first
- File a motion to continue removal proceedings against you
- If your second application is granted, file a new application to end the removal proceedings against you.
- If your second application is denied, the judge will determine if your application was denied for valid reasons. In this case, your conditional green card is valid until the end of the procedure
I-751 Affidavit of Support
An I-751 affidavit can be an essential part of proving the legitimacy of your marriage. USCIS reserves the right to investigate any marriage it suspects is a marriage of convenience. If USCIS determines that your marriage is fraudulent, there can be serious consequences, including criminal penalties and even imprisonment. Therefore, an I-751 affidavit written by a family member, community leader, or friend is a great document to share with immigration officials to help establish the legitimacy of your relationship.
Affidavit of Support Pattern
Below is a sample I-751 affidavit - try to follow a similar format.The declarant is the affidavit.
[Fiance's name](Video) HOW TO ASSEMBLE YOUR REMOVAL OF CONDITION APPLICATION | Form I-751
[USCIS P.O. PO box address]
Subject: Affidavit of Support for John and Jessica Myers
Dear USCIS Officer,
Let me introduce myself: my name is Gabriella Munez and I was born in 1990 in Los Angeles, California. I have known John Myers (Jessica Myers's spouse) since the early 2000s and was around for many of the notable events in his life, including meeting and falling in love with his now-wife Jessica. I have spent a lot of time with the couple, seeing them at least once a year for the last five years, and I have witnessed how they live in a committed and loving marriage.
I attended John and Jessica's wedding in 2019; such a beautiful ceremony and bringing two families together! I look forward to the day this couple attends my wedding! They have talked about growing their families through children for years to come, and I think they will make excellent and kind parents. I swear by this letter that the information is true and accurate to the best of my knowledge. If you have any questions, please feel free to contact me at (809) 382-9928 or email me.[Email protected]
Gabriella Munez(Video) Form I-751, Remove Conditions On Green Card | Processing Time for Removing Conditions
[Date of birth and place of birth]
In summary, it is important that the person making the affidavit state that:
- how do they know you
- the nature of your relationship with them and your spouse
- how long have they known you
- Any other relevant information you can provide to support your case
Form I-751 Frequently Asked Questions
Who is the petitioner on Form I-751?
The petitioner is the conditional green card holder who wishes to remove the conditions on the green card.
What will the response times be for I-751 in 2022?
This depends on the point of service that handles your case and the waiting time. However, the processing time can generally range from 11-19 months. You can check your USCIScase status here.
Does I-751 require an interview?
Yes, each applicant must attend an in-person interview to remove the conditions on their green card. This is a requirement under applicable US immigration law. However, due to the massive immigration backlog, this requirement generally does not apply to most applicants.
How many photos do you need for I-751?
You will need two photos for each applicant and dependents. Photos must be accurate and in color. You must provide the photos regardless of the age of your loved ones.
How long is conditional permanent residence valid for?
After you marry a US citizen or permanent resident, it is valid for the first two years.
Do USCIS affidavits need to be notarized?
You do not need to notarize the I-751 affidavit, but you must include an affidavit that the contents are true and accurate.
Who needs an I-751 affidavit?
Conditional permanent residents who want the terms of their green card waived must obtain an affidavit from a friend, relative, or community leader in their area.
What is the I-751 requirement for an additional verification letter?
If USCIS is not satisfied with the evidence you provide or the evidence is inconclusive, they will ask you to provide additional evidence. In many cases, you no longer have to present evidence that you have already presented. Instead, you are expected to provide new documentation that would strengthen your petition.