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Form I-751 Removal Of Conditions [The COMPLETE Guide]

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Form I-751 Removal Of Conditions [The COMPLETE Guide]

What is Form I-751

What is form I-751? How do you fill it out? And what else do you need in order to get it approved by USCIS?

We are going to cover all of this in our video today.

Note that failing to file your I-751 on time can cancel your legal permanent residence and put you in removal proceedings.

So stay tuned to the end to learn everything you need to know in order to file your I-751 on time and get it approved!

Form I-751

Form I-751 is officially called the “Petition to Remove Conditions on Residence”

This application is filed ONLY by those immigrants who receive a green card through marriage. You will receive a 2 year conditional green card if, at the time of approval or entry into the U.S. on an spousal visa, you have not yet reached your 2 year marriage anniversary date.

Immigrants who receive a 2-year conditional green card through marriage (called “CR-1 green cards”) must file the I-751 with USCIS to receive a permanent green card that they can then renew every 10 years.

If you have a conditional green card, you must file your I-751 before the expiration of your conditional residency card in order to maintain your legal status.

Filing Jointly and Filing by Yourself

If you are filing jointly with your spouse, then you must file within the 90-day period before the expiration date of your conditional green card.

But if you are filing jointly and you fail to file your I-751 application before your conditional resident card expires, you must include a written statement with your I-751 that explains why you did not file on time.

Note that USCIS typically only approves late submissions if they qualify as “extraordinary circumstances'' beyond your control. If you’re in a situation where your card expired and you did not file in time, please feel free to book a consultation with me so we can review your options.

Sometimes it’s not always possible to file jointly with your spouse, and you may have to file alone.

You might be filing by yourself because your spouse passed away, you got divorced, or because you are the victim of abuse. If that is the case, then you can file any time after receiving your conditional green card, even if it’s before 90 days from the date of expiration, or even AFTER your card expires.

When you are filing by yourself, you must select one of the waiver categories listed on the form, which I will go over in detail near the end of this video!

Important Details

As with most immigration forms, the government will require you pay a fee to submit an application for a benefit. The I-751 has a fee, and this must be paid even if you already paid the fee for the I-485.

The base Filing fee is $595

There is an additional Biometric fee of $85 and an additional $85 for each dependent included on your I-751.

Depending on your household income, you may be able to have the fee waived. A link is included in the description below.

You can pay with money order, personal check, or cashier’s check. If your application is being filed at the Lockbox center, you may be able to pay by credit card.

Please make sure you check the instructions on the USCIS website before filing to make sure you have the most up to date fee and filing information.

Supporting Documentation

While a Cover letter is not required, it is recommended.

In recent years there has been an increase in requests for evidence. The cover letter can help by serving as a “guide” for the officials filing your I-751.

The best advice I have for your cover letter is to keep it short and simple

Include important information such as your name and alien registration number, and maybe even an outline of all the evidence you are including to support the fact that your marriage was entered into in good faith, and if necessary, any evidence to support a request for a Waiver of the joint filing.

I will include links for two example letters below.

You must also include the Front and back copies of your conditional green card (and those of any children)

You must always include Evidence that your marriage is real, which could include:

Proof you living together
Joint bank account and financial statements
Joint tax returns
Joint bills and insurances
Birth certificates of children of the marriage
Family photographs
Sworn affidavits from friends

If you are not filing jointly and are requesting a waiver, you will need to include either, evidence of death, divorce, or domestic abuse

If you are filing a joint application and filing this late, you must include an explanation of why your application was not timely filed.

If you have incurred any arrest history, you must include the details of your criminal convictions since becoming a green card holder

If filing while overseas due to military or government service, enclose 2 passport-style photographs, completed Form FD-258 fingerprint cards, and a copy of your current military or government orders. Additionally, write “ACTIVE MILITARY” or “GOVERNMENT ORDERS” on the top of your I-751.”

Address

When you are ready to file, please make sure to check the USCIS website for the most UP TO DATE filing location. Please note that USCIS may change its filing location for your application at any time. Thus, it is extremely important that you always reference the USCIS page for current information.

Please note that your filing location may also be different according to where you live. As of the date of this video, here what the website says:

If you would like more details about documentation and mailing your form, I will include links in the description below for the I 751 instructions on the USCIS website, as well as the official USCIS mailing address for the form.

Walk Through Form I-751

As with any immigration application, you must make sure that you fill out the form in its entirety and with the correct information. Small errors may cause you delay or other problems down the road.

PART 1 of the Information requests basic Information about you, including:

Your current legal name, and any other names you have previously used
Your Date and country of birth
Your Alien Registration Number (or “A-Number”): You can find this number on your green card
USCIS Online Account Number: This is different from your A-Number. If you have a USCIS online services account, you can log in and find your account number on your profile page.
And your Mailing and physical addresses: If someone other than you accepts mail on your behalf, include their name on line 15.a., where it reads: “In Care Of Name.”

Part one also requests information about your marital status, including whether you are currently single, married, divorced, or widowed. You must make sure to include the date of divorce (or the date your spouse died, if your marriage terminated through their death), where requested.

You must also put down the expiration date of your conditional resident card, and answer questions on whether you are currently in removal proceedings and about your arrest history.

Please make sure to read each question closely and carefully.

PART 2 requests your biometric information.

This includes details about you such as eye color, height, weight, and ethnicity.

PART 3 requests information about the basis of your petition, including whether you are filing a joint request, or requesting a waiver.

If you are filing jointly with your spouse or parent, check the box for “Joint filing”.

If you are not filing jointly with your spouse, check the box to select the waiver you are requesting for why your spouse is not filing jointly with you.

This might include the death of your spouse, spousal abuse, or divorce, or extreme hardship

PARTS 4 and 5: Information About Your Spouse and Children

Provide basic information about the sponsoring spouse (or parent or guardian).

In Part 5 do the same for any children you have. If you do not have children, go to Part 6.

PART 6: Accommodations for Individuals with Disabilities and Impairments

List any disabilities or impairments you might have that require accommodation by USCIS authorities.

PARTS 7 and 8: Applicant and Spouse Acknowledgements and Signatures

You and your spouse will verify all the information contained in the application is correct.

The conditional green card holder is the “petitioner,” and should complete Part 7 and sign and date the form.

Their sponsoring spouse, parent, or guardian should complete and sign Part 8.

PARTS 9 and 10: Interpreter and Preparer Information

If an interpreter, lawyer, or anyone else helped you to complete the form, give their details here.

Submission, Timeline & Approval

Request for evidence

Note that if USCIS determines any part of your application to be missing, you will likely receive a request for evidence, which can delay the process.

This is why it is so important to make sure your submission is complete, and include a cover letter to help USCIS officials find what they need.

Confirming receipt

After submitting your I-751, USCIS will send you a notice confirming receipt, which is called form I-797.

You can present the I-797 along with your existing green card to extend its validity up to 18 months.

This letter is very important. The original of this letter serves as your official proof that your status is extended, and you will need to show this letter to CBP if you plan on traveling internationally.

Checking the status

Once USCIS has your application, the wait time can be more than three years.

You can check the status of your I-751 at any time by using the link included in the description.

If you think that it is taking too long, check the current processing times at the USCIS website. I will also include this link in the description below.

Biometrics & USCIS Interview

Before your I-751 is approved, USCIS may request you provide new fingerprints, and may send you details for a biometrics appointment. They may also request you appear for an in-person interview with a USCIS official.

Both of these appointments are important, so make sure you show up at the correct day and time.

Notice of approval

If USCIS approves your I-751, you will receive a notice of approval, followed by your 10-year green card in the mail.

Note that it might not arrive before the extended date listed on the I-797 receipt, but it will remain valid.

You can still live, work, and travel as usual. If you need proof of residence then contact USCIS. I will include a link in the description below to contact them.

Once you have your permanent green card, you then just need to renew it before it expires.

Citizenship

[From Boundless Immigration] Your time as a conditional green card holder usually counts towards the time needed to qualify for U.S. citizenship, so in some cases you may become eligible for naturalization before you receive your updated green card.

If that applies to you, you can file a copy of your I-797 receipt along with your N-400 naturalization application and request that USCIS process both applications simultaneously.