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After receiving your marriage-based green card, you may feel like you’ve reached the end of a long immigration process. However, if you were granted a conditional green card, you’re not quite done yet. The next crucial step is filing the I-751 Petition to Remove Conditions on Residence. This petition allows you to transition from conditional to permanent resident status, ensuring that your green card remains valid.
In this guide, we’ll explain what the I-751 petition is, who needs to file it, and what steps to take to ensure the process goes smoothly.
What is a Conditional Green Card?
A conditional green card is issued to immigrants who have been married for less than two years at the time of their green card approval. The "conditions" on this card are designed to ensure that the marriage is genuine and not entered into for immigration purposes.
This conditional green card is valid for two years, and during that time, your residency status is essentially provisional. To keep your residency status and avoid losing your green card, you must take action before it expires by filing the I-751 petition.
What is Form I-751?
The I-751 Petition to Remove Conditions on Residence is the form used by conditional residents to request the removal of the two-year condition on their green card. Once the conditions are removed, you will receive a 10-year green card, which can be renewed indefinitely.
Who Needs to File the I-751 Petition?
If you are a conditional resident who received a green card through marriage to a U.S. citizen or lawful permanent resident, you are required to file Form I-751. Typically, both spouses file this petition jointly. However, there are exceptions where a conditional resident can file without their spouse, such as in cases of divorce, death, abuse, or extreme hardship.
When Should You File Form I-751?
Timing is key when filing the I-751 petition. You should submit the form during the 90-day window before your conditional green card expires. Failure to file within this timeframe could result in the loss of your residency status and even removal proceedings. If you are divorced, widowed, or have experienced abuse, you may apply for a waiver of the joint filing requirement at any time before your green card expires.
What Documents Should You Include with Form I-751?
When submitting your I-751 petition, it’s essential to provide evidence that your marriage is bona fide (genuine). USCIS wants to see proof that your marriage was entered into in good faith, not just for immigration benefits. Here’s a list of documents that can support your petition:
Joint financial documents: Tax returns, joint bank account statements, mortgage or lease agreements, credit card statements
Affidavits from friends and family: Statements from individuals who can attest to the legitimacy of your marriage
Photos together: Images from holidays, family gatherings, and significant life events
Birth certificates of children: If you have children together, this is strong evidence of a bona fide marriage
Shared insurance policies: Life, health, or auto insurance listing both spouses
Travel records: Proof of trips taken together, such as flight tickets or hotel bookings
The more comprehensive your evidence, the stronger your case for removing the conditions on your green card.
What Happens After You File Form I-751?
Once you’ve filed your I-751 petition, here’s what happens next:
1. Receipt Notice
After submitting your petition, you will receive a receipt notice from USCIS. This notice serves as proof that your petition was received and automatically extends your conditional resident status for an additional 48 months while USCIS processes your case. During this time, you can continue to live and work in the U.S. as a conditional resident.
2. Biometrics Appointment
In most cases, USCIS will schedule a biometrics appointment where you will need to provide fingerprints, photographs, and your signature. This appointment is straightforward and usually takes only a short amount of time.
3. Request for Evidence (RFE)
If USCIS determines that your petition lacks sufficient evidence, they may issue a Request for Evidence (RFE). This request will specify what additional documentation is needed. It’s important to respond promptly and thoroughly to avoid delays in your case.
4. Interview (If Required)
While not every applicant will need to attend an interview, USCIS may request one in certain cases. If you and your spouse are called for an interview, be prepared to answer questions about your relationship and provide additional evidence.
5. Approval or Denial
Once your case is reviewed, USCIS will either approve or deny your petition. If approved, you will be issued a 10-year green card without any conditions. If denied, USCIS will explain the reasons for the denial and may initiate removal proceedings in some cases. However, you will have the opportunity to challenge the denial or appeal the decision.
What If You Are Divorced or Separated?
If you and your spouse have divorced or are in the process of separating, you may still file the I-751 petition with a waiver of the joint filing requirement. In this case, you’ll need to demonstrate that your marriage was entered into in good faith but ended due to divorce, abuse, or other valid reasons.
You’ll need to provide additional documentation, such as proof of your divorce decree or evidence of abuse (if applicable), to support your waiver request. Filing for a waiver can be more complex, so it’s advisable to consult with an immigration attorney to help with this process.
How Long Does the I-751 Process Take?
Processing times for Form I-751 can vary depending on your USCIS field office and case complexity. As of now, typical processing times range from 12 to 24 months. Be sure to check the current processing times on the USCIS website or consult with your immigration attorney for the most up-to-date information.
What’s Next After Getting Your 10-Year Green Card?
Once you have your permanent green card, you are no longer a conditional resident. You can renew your green card every 10 years, but you may not need to if you choose to apply for U.S. citizenship.
If you are married to a U.S. citizen, you can typically apply for citizenship three years after obtaining your conditional green card. If not, you’ll need to wait five years as a permanent resident before becoming eligible for naturalization.
Conclusion
Filing the I-751 petition is a critical step for conditional residents who wish to secure their permanent green card. By filing the form on time, providing sufficient evidence of your genuine marriage, and following the process carefully, you can transition from conditional to permanent residency smoothly. If you have any concerns or need assistance with your petition, feel free to contact our office for guidance. We’re here to help you through every step of the immigration process.
Need help with your I-751 petition? Contact us today to schedule a consultation and ensure your immigration journey stays on track! (201) 565-0099
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