Form I-751

Petition to Remove Conditions on Residence

Filed by conditional permanent residents who obtained their Green Card through marriage to remove the two-year conditions on their residency.

Filing Fee

$750

Processing Time

12 to 24 months

Who Files

Conditional permanent residents who obtained a Green Card through marriage, filed jointly with the U.S. citizen or permanent resident spouse.

What is Form I-751?

Form I-751 is filed by conditional permanent residents to remove the conditions on their Green Card. Individuals who received a Green Card through marriage to a U.S. citizen or permanent resident receive conditional residency for two years. The I-751 must be filed jointly with the spouse within the 90-day window before the conditional Green Card expires to obtain permanent (10-year) resident status.

Key Points

Must be filed within the 90-day period before the conditional Green Card expires

Joint filing with spouse is required (waiver available in cases of divorce, abuse, or extreme hardship)

Must provide evidence that the marriage is genuine and ongoing

Filing receipt extends conditional resident status for 24 months beyond the card expiration

Interview may be required at a local USCIS office

Frequently Asked Questions

QWhat if I am divorced before filing I-751?

If you are divorced, you can file I-751 with a request for a waiver of the joint filing requirement. You must provide evidence that the marriage was entered into in good faith and not solely for immigration benefits. A final divorce decree and evidence of the bona fide nature of the marriage are required.

QWhat evidence should I include with I-751?

Strong evidence includes joint tax returns, joint bank account statements, lease or mortgage documents in both names, utility bills, insurance policies listing both spouses, birth certificates of children born to the marriage, and affidavits from friends and family attesting to the genuineness of the marriage.

QWhat happens if I miss the 90-day filing window?

If you fail to file I-751 before your conditional Green Card expires, your lawful permanent resident status terminates, and you may be placed in removal proceedings. In some cases, USCIS may allow late filing if you can demonstrate extraordinary circumstances. It is critical to file on time.

Practical Tips

Start gathering evidence of your bona fide marriage well before the 90-day filing window opens

Set a calendar reminder for exactly 90 days before your conditional Green Card expiration date

If your marriage is in difficulty, consult an immigration attorney about waiver options before the deadline

Related Forms

Form I-485

Application to Register Permanent Residence or Adjust Status

Filed by individuals already in the U.S. to adjust their status to permanent resident (Green Card).

Form I-130

Petition for Alien Relative

Filed by a U.S. citizen or permanent resident to establish a relationship with an eligible relative who wishes to immigrate.

Form I-864

Affidavit of Support Under Section 213A of the INA

Legally binding contract where a sponsor agrees to financially support the immigrant.

Form I-90

Application to Replace Permanent Resident Card

Used to renew or replace an expiring, expired, or damaged Green Card.

Related Visa Types

Green Card

U.S. Permanent Resident Card

Permanent residency in the United States, granting the right to live and work permanently.

K-1 Visa

K-1 Fiance(e) Visa

Visa for foreign fiances of U.S. citizens to enter the U.S. for marriage within 90 days.

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