I-751 Petition to Remove Conditions on

Marriage-Based Green Cards

If you have a two-year green card based on your marriage to a U.S. citizen or permanent resident, you’ll need to pay attention to your expiration date.  You’re required to file your I-751 Petition to “remove the conditions” on your permanent residence. The goal is to become a full-fledged permanent resident and have this status for the rest of your life.  As you move forward in this new status, the green cards you’ll receive will need to be easily renewed every ten years.

 

How to do it?

As a conditional permanent resident, you must file your I-751 petition during the 90 day period before your 2-year green card expires. If you don’t do it in time, your lawful permanent resident status will terminate. The default is that you must file the form jointly with your U.S. citizen or permanent resident spouse, but there are some exceptions if this is not possible.

 

Am I eligible?

If you received conditional permanent residence status based on marriage to a U.S. citizen or LPR and you received a 2-year green card, you may qualify petition to remove the conditions on your green card if: 

• You’re still married to the same U.S. citizen or lawful permanent resident after two years of holding lawful permanent resident status. 
• You are a widow or widower who entered into your marriage in good faith. 
• You entered into a marriage in good faith, but the marriage ended through divorce or annulment. 
• You entered into a marriage in good faith, but domestic violence occurred..

 

What’s the Process?

If you’re filing this petition along with your spouse, you must both sign and file it during the 90 day period before your green card expires and send along supporting evidence to USCIS.

• If you qualify to file this without your spouse’s signature, you need to request a waiver.  This is more complex.  You’ll still need to file Form I-751 (Petition to Remove Conditions) during the 90 day period before your conditional resident status expires and send your supporting evidence to USCIS. However, you’ll also need to show one of the following: 
  • Your deportation or removal would result in extreme hardship;
  • You entered into your marriage in good faith, and not to evade immigration law, but the marriage ended by annulment or divorce, and you were not at fault in failing to file a timely petition; or
  • You entered into your marriage in good faith, and not to evade immigration laws, but during the marriage you or your child were battered by, or subjected to extreme cruelty committed by your U.S. citizen or permanent resident spouse, and you were not at fault in failing to file a joint petition.