The Petition to Remove Conditions on Residence allows the holder of a conditional green card to upgrade to the full 10-year card. By conditional, we refer to someone whose marriage to a US citizen/green card holder hasn’t crossed the 2-year mark. The former cannot gain permanent residence in such a situation. Not applying for Form I 751 can will result in the expiration of the temporary green card after 2 years. The USCIS uses the data filled into the form to check the authenticity of such short-term marriages.
Many cases don’t succeed either because the applicant fails to fill Form I-175 properly or lack substantial proof for marriage authenticity. Attorney Eric Price and team have really high customer satisfaction ratings because of their detail oriented approach. They cover all bases and so should you by calling them at 855.662.2772.
Form I-751 Eligibility Requirements
Your eligibility for the USCIS Form 751 is guaranteed if you:
- Remain married to the same spouse as you had been when first granted conditional residency. That also includes children, provided they got their status within 90 days of yours.
- Are a child who wasn’t included in your parent’s application
- Wedded your spouse in good faith even though you’re divorced or the marriage was annulled later on
- Became a widow(er) after getting the conditional residency status
- Or your offspring faced abuse or adversity at the hands of your spouse
When Should Form I-751 Be Filed?
If you want to keep your status, file Form I-751 within 90 days before your conditional green card will expire. We’d recommend consulting an expert to confirm that date.
What Documents Are Necessary to File Form I-751
Along with USCIS Removal of Conditions form, you should also send the following documentation:
- Conditional green card — copies of both the front and back – along with those of your children
- Proof that your spousal relationship began in good faith
- Aren’t married to that same individual – the final decree of divorce
- Are widowed — spouse’s death certificate
- Faced unfavorable conditions after marriage – domestic abuse proof via official documentation
- Have a reason that accounts for late form filing
- Possess the details about any criminal charges against you
- Are in the military or other forms of government service and filing from overseas
Evidence of Good Faith Marriage
Amongst the Instructions for I 751 we provide here, this is perhaps the most important section. Since the conditional green cards are a failsafe that prevent sham marriages, you must provide proof to show yours is a true relationship. Remember the objective here is to help the USCIS see that you didn’t get married solely to acquire a US green card.
So, they’ll need to see the evidence that you generate during the two years that you spend together with your spouse. Illustrate the authenticity of your marriage with the following documents:
- Assets like bank accounts, real estate, tax returns, and insurance that you own and use together
- Liabilities of the same variety, so utility bills, mortgages, credit cards, and auto loans, will work
- Children’s birth certificates, if you have any during your conditional residency
- Property ownership certificates if you own any together
- Credible sources, who know you both as a couple, sending in affidavits
Overseas Military/Government Employees
Include photographs (2 and passport-style), Form FD-258, and copy of your orders. Additionally, mention your job at the top of Form I-751.
How to Complete Form I-751
Besides knowing which I 751 Supporting Documents you must send in or What is Form I 751, you should also know how to fill the form in question. It consists of various sections, such as ones on your biographical information, including ethnicity, petition’s basis, the LPR or US citizen helping you, children, etc.
Form I-751 Application Fee
The I 751 Fees is $595 along with an $85 biometric fee — $85 more for every dependent – via personal/cashier checks or money order. Through the submission of evidence, you can also obtain a fee waiver if experiencing financial hardship.
Form I 751 Processing Time
Usually, USCIS sends off a receipt – Notice of Action or Form I-797C — confirming they’ve received your application within 4-6 weeks or so. However, the kind of load they have, the nature of your case, how accurate the information you’ve provided is, and other factors do affect the timeline.
In any case, getting the I-797C means you also have an 18-month-long extension for conditional residence. During that time, the USCIS will review your case.
What Happens After Filing Form I-751?
If the USCIS are satisfied, they will send you the details of your biometrics appointment within 5 to 7 weeks of sending in the form. During the 30-minute-screening, you will record your signature, fingerprints, and photograph. Normally, it takes place within 6-9 weeks of when you file I-751.
Missing evidence and insufficient proof that your marriage happened in good faith can mean one of the following two things:
- The USCIS asks you to submit additional proof – happens after 1-6 months of the filing
- You attend an interview 5-9 months later
In either case, you will soon receive the USCIS verdict. Can’t wait? Ask your attorney how to carry out an I 751 Status Check.
What Happens If My I-751 Is Denied?
That can go one of two ways. Either the USCIS rejects your application and begins the deportation process. In that case, you must leave the US, and cannot appeal the decision. Or, the Immigration Judge will let you reapply. Even so, it is better to submit complete documentation and avoid denial altogether.
What Happens If I Get A Divorce?
Generally, Form I-751 is a joint application. However, if a divorce changes things, you can file it on your own. In other cases, the USCIS will waive the joint-filing requirement for you.
Contact Attorney Eric Price Today!
Your particular situation might require additional proof. Not knowing that or finding that out when it’s too late will hurt your case. Eric Price believes in educating clients so they leave the law offices with more knowledge about their own application than before. So, email them to begin a consultation.