Aware of the Form I-751 to upgrade to green card holder status?

The Form I-751 is used in order to apply to remove the conditions on his or her residence by a conditional resident who obtained status through marriage. To persons who has entered US with a K-1 visa and obtained green card through marriage conditional permanent resident card which is valid for two years is given. End of the two year period the status automatically expires and the applicant may be deported from US. In order to avoid this applicant must file Form I-751 Petition to remove the conditions of residence 90 days or less before conditional residence expires. Once the application is approved the applicant will receive the new permanent resident card valid for ten years.

Who should apply Form I-751?

Following are points to be remembered while applying:

  • The Form I-751 should be used to petition for the removal of conditions if you were granted conditional resident status through marriage to a green card holder or U.S. citizen.
  • If dependent children of the applicant also entered U.S. 90 days within the time applicant entered and obtained simultaneously conditional status their A-numbers must be mention in the same Form I-751 used by the applicant to remove conditional status.
  • In case the conditional resident parent is deceased the dependent children must separately file Form I-751 to have the conditions removed.
  • The petition should be jointly filed by the applicant and spouse through whom he or she obtained conditional status and still married to him or her.
  • Waiver from joint filing can be applied for if :

i)        Though you entered marriage in good faith but the spouse expired or marriage was terminated due to divorce or annulment.

ii)      You are subjected to extreme cruelty though you remain married to the U.S. citizen or green card holder spouse.

iii)    As a result of status termination you would end up with extreme hardship.

When to file?

  • The petition should be filed jointly along with your spouse 90 days immediately before the date the conditional status expires.
  • If not being filed jointly the petition should be filed with a request for waiver from joint filing any time after conditional status is granted but before it expires and you are removed.
  • The date the conditional status expired if you haven’t filed for removal of conditions the permanent resident status expires. But in case the length of delay is reasonable and beyond your control, late filing is allowed along with a written explanation for the same.

Where to file?

The petitions can be mailed to either the USCIS California Service Center or the Vermont Service Center according to the center which serves your area of residence. After the form is submitted USCIS will notify about the biometric services. The Form I-751 filing fee is $505. An additional fee of $85 will be charged and where and when you need to go for biometrics will be notified to you. So a single check or money order for a total of $590 must be made payable to the U.S. Department of Homeland Security.

Any change in your address when the petition is pending USCIS should be kept informed about it. You have the option to do it online or mail Form AR-11, Alien’s change of address card. Depending on whether you have established the eligibility for the requested benefit the decision of the Form I-751 will be taken and notified to you in writing.

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