Form I-751 required to petition to remove conditions on Residence

For a conditional resident who has obtained such a status through marriage this Form I-751 is required to petition to United States Citizenship and Immigration Services (USCIS) in order to remove the conditions on her/his residence.

Within the correct window of time it is very important to file the I-751 and to be sure not to file it before the 90-day window. They will send your application back if you file it too early. It is sensible to file fairly early in the window though you may file at any time during the 90 day window. Filing fee is $505, add $85 for biometric fee, so a total of $590.

Also you would need to submit evidence of your marital relationship from marriage up to the present date. To avoid repeating same evidence again, proof of documents like joint bank account for example, from the period you were lastly interviewed by USCIS till date could be submitted.

Who should file Form I-751?

This form should be used to petition to remove those conditions on residence if you were granted conditional resident status through marriage to a US citizen or green card holder. If children who are dependent on you entered US within 90 days after your entry and acquired conditional status concurrently with you, then for their conditional status to be removed you can include their names and A numbers in Part 5 of the Form I-751. The dependent children must file separately to have their conditional status removed if your dependent children acquired conditional resident status after 90 days from the date of your adjustment or the conditional resident parent is deceased.

Jointly the petition should be filed by you and the spouse through whom you got the conditional status if you are still married. A waiver from this joint filing you can apply if:

•           After you entered the marriage in good faith your spouse died subsequently

•           Though you entered marriage in good faith the marriage may have got terminated due to divorce or annulment

•           After entering marriage in good faith and having remained married but you may be subjected to extreme cruelty by your green card holder or US citizen spouse

•           If your status is terminated and you are removed would result in extreme hardship.

When should Form I-751 be filed?

1. Jointly filing: The joint filing should be done with your spouse 90 days immediately before the second anniversary of the date when conditional resident status was accorded to you. That date is also when your conditional residence expires.

2. Filing with waiver from joint filing: Anytime after you get the conditional status till when you are removed this type of filing can be done.

3. Not filing effect:  You will lose the permanent residence status the day conditional status expires if you don’t file Form I-751 petition and could be removed from US anytime. But for no mistake of yours you failed to file the petition late filing is allowed provided you submit a written explanation along and also request USCIS to excuse you for the late filing.

Only if the delay was because of extraordinary circumstance which was beyond the control of yours and also the length of time for the delay was reasonable the late filing may be excused.

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