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  • Removing Conditions (I-751) on US Permanent Residency Step-by-Step Guide

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    A permanent resident is given the privilege of living and working in the United States permanently. A person's permanent residence status will be conditional if it is based on a marriage that was less than two years old on the day they were given permanent residence. A person is also given conditional resident status on the day they are lawfully admitted to the United States on an immigrant visa (having been married less than two years and entering on a CR-1 Visa). A person's permanent resident status is conditional, because they must prove that they did not get married to evade the immigration laws of the United States.

    When to File:

    If you are filing jointly, the I-751 form must be filed within the 90 days just preceding the expiration date on your permanent residence card. This is the date that your conditional residence expires. Note that, despite the fact that you may see word "anniversary" used in a confusing way regarding the filing date for removal of conditions, your wedding date is completely irrelevant to determining the window of time during which you may file for removal of conditions. If you and your spouse are outside the United States on orders of the U.S. Government during the period in which the petition must be filed, you may file it within 90 days of your return to the United States. See the USCIS webpage for more specific instructions, and search the forum for stories of several people who have done this successfully.

    It is very important to file the I-751 within the correct window of time, and be sure not to file it before the 90-day window. If you file it too early, they will send your application back. You may file at any time during the 90 day window, but it is prudent to file fairly early in the window.

    If you fail to properly file the Form I-751 (Petition to Remove the Conditions on Residence) within the 90-day period before your second anniversary as a conditional resident, your conditional resident status will automatically be terminated and the USCIS will order removal proceedings against you. You will receive a notice from the USCIS telling you that you have failed to remove the conditions, and you will also receive a Notice to Appear at a hearing. At the hearing you may review and rebut the evidence against you. You are responsible for proving that you complied with the requirements (the USCIS is not responsible for proving that you did not comply with the requirements).

    The USCIS may send a reminder to file this petition on time, however you should not rely on this reminder -- postal delivery is never without faults. Not receiving the letter is not an excuse for filing late.

    The USCIS provides additional information here.

    Download the Following Forms:

    1. I-751

    The above form can be filled out on your computer and printed. Make sure you sign and date them as required. Anything you cannot fit by typing, you can handwrite (very neatly) in black ink in the blank instead. You should always verify the current forms at www.uscis.gov.

    Assembling the I-751 Package: Checklist   frequent questions
    Forms and Documents (follow these assembly instructions. All supporting documents must be in English or be translated as noted here.)

    1. Payment as required by USCIS. Use a personal check so you can track the payment. Money Orders are also accepted. Read the Guide to Paying USCIS Immigration Fees.
    2. Cover Sheet (example here)
    3. Form I-751, Petition to Remove the Conditions on Residence (see example form)
    4. Copy of the Green Card (Front and Back) for the person filing to remove conditions (and any K2 children)
    5. Evidence of Bona fide Relationship (see below)

    Evidence of Your Bona fide Marital Relationship

    A crucial part of filing this form is that you present evidence of your bona fide marital relationship, as your removal of conditions is based upon your marriage. There are a variety of documentations that you may submit. While the USCIS instructions for the I-751 say that evidence should cover the entire period from your marriage up to the present date, there is no need to repeat evidence that you already submitted to them earlier. Many couples submit no evidence whatsoever covering the period before their first interview. In any case, it's helpful to concentrate on the evidence that has developed since they last interviewed you.

    You do not have to have all of the types listed below as proof of the relationship; supply as many as you like. If you are short on the documents that have both of your names listed on them you MAY include affidavits from people who know you as a couple (see examples), confirming your marital relationship -- note that they are not required. If you have very little documentary evidence, you may find affidavits helpful. Additionally, you will need to submit a copy of the green card of the person who is applying for removal of conditions. IF you have K-2 children who will also be filing for removal of conditions at the same time, you may include them and use only one form and only one fee for the form.

    On the "don't panic" front -- ultimately the burden of proof is on the CIS to show a fraudulent marriage. Even if CIS denies, the application can be renewed in front of an Immigration Judge (IJ) in Removal Proceedings -- and the IJ's tend to APPROVE those cases.

    ONLY SEND COPIES of evidence. The copies should be clear and all marks pertaining to filings, registration and/or government issuance should be clearly shown.

    Examples of documents showing a bona fide relationship (Submit COPIES only. Do not send originals)

    1. A deed, showing co-ownership of your property or a lease agreement with both of your names on the
    2. Utility bills, credit card bills, and other types of bills which have both of your names on them. Since many utilities will only put a bill in one person's name, some bills in one name and other bills at the same address but in the other spouse's name serve the same purpose: showing your financial & social lives intermingled.
    3. Copies of actual credit cards, health insurance cards, or other "joint" cards that you have together,
    showing same account number.
    4. Car, health, or life insurance that has both of your names on the policy or the other spouse listed as the
    5. 401K or other retirement plan with spouse listed as beneficiary (right to survivorship is the technical term)
    6. Bank or stock accounts with both of your names on them.
    7. A copy of your joint federal and state tax returns (including W-2's and other applicable Schedules and attachments). Sending an official tax transcript from the IRS (for Federal) is beneficial and often preferred as it reflects what was actually filed.
    8. A car title or other titles to property showing joint ownership with your spouse.
    9. Birth certificate of any children that have been born to your marriage.
    10. Documentation of any vacations that you have taken, including flight itineraries, hotel bills, pictures of you
    together on vacation.
    11. Other family pictures of you together.
    12. Documentary proof showing evidence of your children together (Copy of Birth Certificate, photos, etc)
    13. Copies of Christmas cards and other holiday cards addressed to you both

    Mailing the Packet & What to do While You Wait

    The I-751 form and accompanying documents are mailed to either the USCIS location here depending on your state of residence. (Use certified mail or priority mail with delivery confirmation, and write "Attention: I-751 petition to remove conditions of status" on the envelope under the address.) You will receive a notice of receipt for the form stating that "Your alien card is extended one year - employment and travel authorized". Keep the receipt with your green card. If by some chance you are not approved within a year you will want to make an InfoPass appointment to go to your Local Office to request an I-551 stamp in your passport. This does happen as it sometimes it takes over a year to be approved. After your NOA extension expires, this is your only evidence of legal status which you are required to have, by law. This happens occasionally, that a case takes over a year, but it's rare. Local Offices will not give an I-551 stamp if you have another type of evidence of status (ie, expired Green Card + extension letter).

    You may or may not be called for an interview after you submit this form. Procedures have been in flux for the past year or so regarding biometrics collections (fingerprints, and photo) and you may get a letter sending you to your DO or ASC for this service--this is not an interview. Simply follow the instructions that YOU receive from USCIS and don't worry too much about other people's situations. Yours is the one that counts for you. If you are selected for an interview, it will be at your local USCIS office, not at the service center. Most typically, you have already had a biometrics appointment before your notice of approval, and your new Green Card will be mailed to you. However, you should follow all directions received from USCIS. I-751 cases are generally completed in 6-12 months, currently. Once you receive the 10-year green card, it should be renewed every 10 years, if you do not become a U.S. citizen in the interim. Instructions for renewing your card are here: How Do I Renew My Permanent Resident Card (Green Card)?

    Note on Case #'s: The case number on the NOA1 is not linked to the USCIS case update site - you have to wait for the case number that comes with the biometrics letter.

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    NOTE: The above information does not address the specific requirements for any given case and is not a substitute for the advice of an attorney.

    User Feedback

    Recommended Comments

    Hello everyone I’m new here and I need help I have my i175 interview in 7 days but me and my husband and separated he filed for a divorce so now I’m confuse if I should attend my interview alone and explain to them help me 

    we been married for 5 years we have a two year old child and a lot of evidence but I’m just worried 

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    You still should attend this interview, because you entered the US on a bona fide marriage that might not worked after a couple years, but still, you entered on a legal marriage. You should go!

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    hi .. need help on I 751

    my Attorney send the green card renewal documents and USCIS received on Feb 1st. but i still haven't received any letter from them. and my green card is expiring tomorrow. 

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    jai renouveler ma carte verte de 2 ans et le service USCIS mon envoyer unE LETTRE qui as equivalent de carte verte valable 2 ans ma question a ce que je peux voyager avec ce document i751 

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    Definitely send a check! Our I-751 application payment in form of credit card (Discover) was declined. Discover flagged the charge as FRAUD even though we've made payment before. Credit card company won't "hold" to check to see if charge is legit (I got a hold of them within minutes of finding out via text and email the charge was declined), but Discover outright declines it and says for vendor to redo purchase. I talked to Discover a long time about this process...got a sorry...oh well!  USCIS of course only processes credit card payment once per application so we will had to redo the payment. FRUSTRATING! At least we know USCIS (Elgin Lockbox) were going to accept the documents since they tried to process payment. Good thing we started this process at the 90 day mark! The adventure continues! :jest: 

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    On 7/7/2022 at 10:32 AM, Matrix13 said:

    As of 2022, the I-751 needs to be mailed to the USCIS lockbox in Illinois or Arizona, depending on where you live.

    The Visa Journey timelines also need to be updated to reflect the new locations.  There is no option for Phoenix on the current VJ Timelines.

    Edited by praisejourney
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    I received approval of my I-485 AOS on April 10 of 2023.

    Given the green card came with the respective conditions, I'd like to confirm the following; if my husband and I got married in late January of 2022.

    -Can we file for I-751 in February of 2024?

    -Or do we have to wait until 2025 for the green card to be 90 days from expiring? 


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    18 hours ago, Alvaro Vargas said:


    I received approval of my I-485 AOS on April 10 of 2023.

    Given the green card came with the respective conditions, I'd like to confirm the following; if my husband and I got married in late January of 2022.

    -Can we file for I-751 in February of 2024?

    -Or do we have to wait until 2025 for the green card to be 90 days from expiring? 


    You will need to wait because you were not married more than 2 years prior to your AOS approval date. See this page for details.


    Use this calculator to find the earliest day you can file.


    I'd suggest using the visa Journey forum to get more responses to any future questions.

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    hello Forum. I sent my docs for REMOVAL OF CONDITIONS on Dec 2022. By march 2023 I got an extension letter. But nothing else after that. I know it can take a while but I'd love to hear how long has it taken you if you already got your NEW Green card without conditions. Thanks

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    Hi! I have a question pertaining to number 7 listed under examples of required documents. If we are sending tax transcripts instead of tax returns, do we still need to send them copies of tax forms or schedules such as w-2? I know we send them with tax returns, but I am not sure if they are required with tax transcripts. 

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