Conditional Green Cards: How to Remove
Conditions with Waiver Form I-751
If you have a conditional green card because you came to the US based on marriage, you must fill out an I-751 to stay in the US. This blog post will present key information that will help increase your chance of approval and permanent, non-conditional residency.
What is a Conditional Green Card?
A conditional green card is a non-renewable, two-year residency granted by the USCIS to individuals
whose immigration was based on one of the following:
● A marriage to a US citizen and that marriage is less than two years
● An investment normally granted to entrepreneurs and investors EB5 With this green card, you still have all the same rights as any green card holder in the US, but it requires an additional step to remove the conditions, and that is a petition:
● Form I-751 for conditional green cards based on marriage
● Form I-829 for conditional green cards based on investment EB5
When Does Form I-751 need to be filled?
Generally, form I-751 is filed jointly with your spouse, meaning both must sign it. In this case, the form must be submitted within 90 days before the expiration date of your conditional green card. This may seem confusing, but just take your conditional green card’s expiration date and go back three
months. For example, if it expires on December 1, 2023, the earliest you can file is September 2, 2023.
Once you have submitted your I-751, the USCIS will notify you with a written receipt, and your
conditional green card will be extended a further two to four years while it is under review. In the meantime, you can continue working and even travel outside the US. Use this helpful tool – click on Use the Filing Date Calculator – Filing Calculator
Can I File I-751 separately?
There are a few special cases where you can file form I-751 individually, such as:
● Spouse (or stepparent) has passed away
● The marriage ended in divorce or annulment
● You or your child were subjected to violence or cruelty from your spouse
● You were subjected to violence or cruelty from your parent or parent’s spouse
● Removal from the US would result in extreme difficulties In any of the above-mentioned circumstances, you can request the joint filing requirement be waived
and file your I-751 separately any time before your conditional green card expires.
What if I Submit Form I-751 Late?
If, for some reason, you were not able to file within the 90-day filing window or before your conditional green card expired, you can file your I-751 later with a detailed written explanation showing the delay was valid, caused by extenuating circumstances that were no fault of your own and the length of the delay was appropriate.
Form I-751 for Children
If you have children who are now the stepchildren of your spouse, they will also need to file an I-751,
but this depends on when the children received their conditional green card:
● If it was on the same day or within 90 of yours, they can be included in your petition
● If it was after 90 days, a separate I-751 form needs to be filled and submitted However, in both cases, the children’s petition depends on yours and will only be approved if yours is.
Understanding Form I-751 Form I-751 is a petition that shows that your marriage, or your parent’s marriage to your stepparent, is in good faith. Therefore, it is important to provide all the relevant evidence you can to support this claim
and prove your marriage is legitimate.
The USCIS considers all of this when they review your submission, and if it is enough, they will remove the condition on your green card. However, you may be asked to provide your fingerprints or appear for
an interview during the review process.
What Evidence needs to be Submitted with I-751?
There is specific evidence that must initially be included with any I-751 form, as listed below:
● A copy of your permanent residency card as well as those of your children, if they are part of your petition.
If you are overseas because of active military duty or government orders, or your children are overseas, you also need to submit:
o Two 2 x 2 passport-style photos as per USCIS guidelines o Two complete fingerprint cards
● Evidence of your marital relationship through copies of any documents, which can include:
o A personal declaration of how and why you married your spouse
o Wedding photos, special event photos, letters between you and your spouse
o Marriage certificates
o Birth certificates of children born during that time
o Lease or mortgage contracts that show joint ownership or occupancy of your marital home
o Financial records that show joint ownership, such as:
Joint saving or checking accounts with a transaction history Joint federal or state tax returns Insurance policies Joint utility bills
o Original affidavits from witnesses who have known you and your spouse since your conditional green card was granted and had personal knowledge of your relationship and marriage. Witnesses may be contacted by an immigration officer.
● Documents of any criminal history if you have ever been detained or arrested by enforcement
officers in the US or abroad If you are filling your I-751 separately, you will need to submit additional documents, along with evidence of your relationship, depending on the unique circumstances as follows:
● A death certificate if your spouse has passed away
● Divorce documents if the marriage has ended
● Evidence of abuse for violence or cruelty, such as:
o Reports or records from police, courts, medical facilities, social workers, or school officials
o Photographs of injuries
o Legal documentation that shows you took steps to stop end abuse or seek protection
o Proof of the extreme hardship you will face if you have to leave the US if you are seeking asylum
Improve Your Chances of Approval
Some try to circumvent US immigration laws to get into the country, which is why the USCIS goes
through every I-751 with a fine tooth comb before removing the conditions on a green card. You don’t want to risk a denial, which is why working with a dedicated immigration lawyer can make all the difference.
At Immigration Universe, our attorneys will ensure your form has everything it needs and is filled out correctly to improve your chances of approval. Contact our office today by email or call +1 (407) 818-1244 to talk to our team and find out how we can help you!