If you have recently gotten married and applied for a green card based upon your marriage, then you most likely have received a conditional green card. Conditional green cards are valid for two years. In order to remove your conditions, you must file Form I-751, Petition to Remove Conditions on Residence BEFORE your conditional green card expires. In this article, we will explain how to successfully navigate the removal of conditions process on marriage-based green cards.
Form I-751 – What is it?
Conditions are typically imposed on individuals who apply for a green card based upon their marriage but were actually married for less than two years when the green card was approved. Foreign nationals who have recently gotten married and applied for a green card based upon that marriage will need to apply to remove their conditions by using Form I-751. If you have been issued a conditional green card, but do not file Form I-751 then you could lose your green card status and end up in deportation proceedings; therefore, it is imperative to file Form I-751 on time.
Form I-751 Timeline
You should file Form I-751 during the 90-day window before the expiration of your conditional green card. If you file your application too early or too late, then complications can arise, so it is important to carefully track the appropriate window of time for filing.
It is important to note that if you miss the deadline, then you can still file Form I-751; however, you should add an additional explanation and submit evidence explaining why you missed the deadline. As late submissions are subject to additional scrutiny, we highly recommend avoiding late filing if you can.
Who Should File Form I-751?
Usually, Form I-751 is filed jointly by both you and your spouse; however, there are exceptions to the joint filing requirement in cases where:
- Your spouse has passed away.
- The marriage has ended in divorce.
- You or your child were subjected to abuse by your spouse.
- Termination of your status would result in extreme hardship.
If you’re filing under one of these exceptions, then you can request a waiver of the joint filing requirement.
Evidence Required for Form I-751
When you file Form I-751, it is important that you include supporting documentation to prove that your marriage was bona fide and entered into in good faith rather than for immigration purposes. Some samples of documentation we typically recommend to be included:
- Joint bank account statements
- Mortgage or lease agreements with both names
- Insurance policies (health, car, life, homeowners, renters, etc.) listing both spouses
- Birth certificates of children born into the marriage
- Photographs from family events and trips
- Affidavits from friends and family attesting to the authenticity of the marriage
If you are filing with a waiver, then you will need to provide additional evidence that supports your situation. For example, a death certificate, divorce decree, or documentation of abuse.
Filing Form I-751 to remove conditions from your green card is a critical step toward securing your permanent residency. While the process can seem daunting, understanding the requirements and being well-prepared can make it much more manageable. If you encounter any challenges or have concerns about your case, consulting an experienced immigration attorney can provide valuable guidance and peace of mind.
At AVA Global, we have helped numerous clients file Form I-751 to remove their conditions. If you would like to discuss removing the conditions on your green card, our experienced immigration law team is here to assist. You may register for a consultation by calling 970-680-1223 or scheduling online. Our U.S. immigration attorneys are licensed to practice immigration law in all 50 states and at consulates and embassies all over the world.
**Please note this is not legal advice and engagement with this post does not create an attorney/client privilege. For specifically tailored legal advice, schedule a consultation.
Current as of January 16, 2025