Removing Conditions (I-751) on US Permanent Residency Step-by-Step Guide (2025)

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Background:A permanent resident is given the privilege of living and working in the United States permanently. A person's permanent residence status will be conditional if it is based on a marriage that was less than two years old on the day they were given permanent residence. A person is also given conditional resident status on the day they are lawfully admitted to the United States on an immigrant visa (having been married less than two years and entering on a CR-1 Visa). A person's permanent resident status is conditional, because they must prove that they did not get married to evade the immigration laws of the United States.

When to File:

If you are filing jointly, theI-751form must be filed within the 90 days just preceding the expiration date on your permanent residence card. This is the date that your conditional residence expires. Note that, despite the fact that you may see word "anniversary" used in a confusing way regarding the filing date for removal of conditions, your wedding date is completely irrelevant to determining the window of time during which you may file for removal of conditions. If you and your spouse are outside the United States on orders of the U.S. Government during the period in which the petition must be filed, you may file it within 90 days of your return to the United States. See the USCIS webpage for more specific instructions, and search theforumfor stories of several people who have done this successfully.

It is very important to file the I-751 within the correct window of time, and be sure not to file it before the 90-day window. If you file it too early, they will send your application back. You may file at any time during the 90 day window, but it is prudent to file fairly early in the window.

If you fail to properly file the Form I-751 (Petition to Remove the Conditions on Residence) within the 90-day period before your second anniversary as a conditional resident, your conditional resident status will automatically be terminated and the USCIS will order removal proceedings against you. You will receive a notice from the USCIS telling you that you have failed to remove the conditions, and you will also receive a Notice to Appear at a hearing. At the hearing you may review and rebut the evidence against you. You are responsible for proving that you complied with the requirements (the USCIS is not responsible for proving that you did not comply with the requirements).

The USCIS may send a reminder to file this petition on time, however you should not rely on this reminder -- postal delivery is never without faults. Not receiving the letter isnot an excusefor filing late.

The USCIS provides additional informationhere.


Download the Following Forms:

1.I-751The above form can be filled out on your computer and printed. Make sure you sign and date them as required. Anything you cannot fit by typing, you can handwrite (very neatly) in black ink in the blank instead. You should always verify the current forms atwww.uscis.gov.

Assembling the I-751 Package: Checklist
Forms and Documents (followtheseassembly instructions. All supporting documents must be in English or betranslatedas notedhere.)
:

1.Payment as required by USCIS. Use a personal check so you can track the payment. Money Orders are also accepted. Read the Guide toPaying USCIS Immigration Fees.
2.Cover Sheet (examplehere)
3.Form I-751, Petition to Remove the Conditions on Residence (seeexample form)
4.Copy of the Green Card (Front and Back) for the person filing to remove conditions (and any K2 children)
5.Evidence of Bona fide Relationship (seebelow)


Evidence of Your Bona fide Marital RelationshipA crucial part of filing this form is that you present evidence of your bona fide marital relationship, as your removal of conditions is based upon your marriage. There are a variety of documentations that you may submit. While the USCIS instructions for the I-751 say that evidence should cover the entire period from your marriage up to the present date, there is no need to repeat evidence that you already submitted to them earlier. Many couples submit no evidence whatsoever covering the period before their first interview. In any case, it's helpful to concentrate on the evidence that has developed since they last interviewed you.

You do not have to have all of the types listed below as proof of the relationship; supply as many as you like. If you are short on the documents that have both of your names listed on them you MAY include affidavits from people who know you as a couple (seeexamples), confirming your marital relationship -- note that they are not required. If you have very little documentary evidence, you may find affidavits helpful. Additionally, you will need to submit a copy of the green card of the person who is applying for removal of conditions. IF you have K-2 children who will also be filing for removal of conditions at the same time, you may include them and use only one form and only one fee for the form.

On the "don't panic" front -- ultimately the burden of proof is on the CIS to show a fraudulent marriage. Even if CIS denies, the application can be renewed in front of an Immigration Judge (IJ) in Removal Proceedings -- and the IJ's tend to APPROVE those cases.

ONLY SEND COPIESof evidence. The copies should be clear and all marks pertaining to filings, registration and/or government issuance should be clearly shown.

Examples of documents showing a bona fide relationship (Submit COPIES only. Do not send originals):

1.A deed, showing co-ownership of your property or a lease agreement with both of your names on the
lease.
2.Utility bills, credit card bills, and other types of bills which have both of your names on them. Since many utilities will only put a bill in one person's name, some bills in one name and other bills at the same address but in the other spouse's name serve the same purpose: showing your financial & social lives intermingled.
3.Copies of actual credit cards, health insurance cards, or other "joint" cards that you have together,
showing same account number.
4.Car, health, or life insurance that has both of your names on the policy or the other spouse listed as the
beneficiary.
5.401K or other retirement plan with spouse listed as beneficiary (right to survivorship is the technical term)
6.Bank or stock accounts with both of your names on them.
7.A copy of your joint federal and state tax returns (including W-2's and other applicable Schedules and attachments). Sending anofficial tax transcript from the IRS(for Federal) is beneficial and often preferred as it reflects what was actually filed.
8.A car title or other titles to property showing joint ownership with your spouse.
9.Birth certificate of any children that have been born to your marriage.
10.Documentation of any vacations that you have taken, including flight itineraries, hotel bills, pictures of you
together on vacation.
11.Other family pictures of you together.
12.Documentary proof showing evidence of your children together (Copy of Birth Certificate, photos, etc)
13.Copies of Christmas cards and other holiday cards addressed to you both

Mailing the Packet & What to do While You Wait

The I-751 form and accompanying documents are mailed to either the USCIS location here depending on your state of residence. (Use certified mail or priority mail with delivery confirmation, and write "Attention: I-751 petition to remove conditions of status" on the envelope under the address.)You will receive a notice of receipt for the form stating that "Your alien card is extended one year - employment and travel authorized". Keep the receipt with your green card.If by some chance you are not approved within a year you will want to make an InfoPass appointment to go to your Local Office to request an I-551 stamp in your passport. This does happen as it sometimes it takes over a year to be approved.After your NOA extension expires, this is your only evidence of legal status which you are required to have, by law. This happens occasionally, that a case takes over a year, but it's rare. Local Offices will not give an I-551 stamp if you have another type of evidence of status (ie, expired Green Card + extension letter).

You may or may not be called for an interview after you submit this form. Procedures have been in flux for the past year or so regarding biometrics collections (fingerprints, and photo) and you may get a letter sending you to your DO or ASC for this service--this is not an interview. Simply follow the instructions that YOU receive from USCIS and don't worry too much about other people's situations. Yours is the one that counts for you. If you are selected for an interview, it will be at your local USCIS office, not at the service center. Most typically, you have already had a biometrics appointment before your notice of approval, and your new Green Card will be mailed to you. However, you should follow all directions received from USCIS. I-751 cases are generally completed in 6-12 months, currently. Once you receive the 10-year green card, it should be renewed every 10 years, if you do not become a U.S. citizen in the interim.Instructions for renewing your card are here:How Do I Renew My Permanent Resident Card (Green Card)?

Note on Case #'s: The case number on the NOA1 is not linked to the USCIS case update site - you have to wait for the case number that comes with the biometrics letter.


Removing Conditions (I-751) on US Permanent Residency Step-by-Step Guide (2)

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NOTE: The above information does not address the specific requirements for any given case and is not a substitute for the advice of an attorney.

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    Removing Conditions (I-751) on US Permanent Residency Step-by-Step Guide (2025)

    FAQs

    How long does it take an I-751 petition to remove the conditions of residence? ›

    After filing the I-751 petition, the processing time can take 12 to 18 months. A significant factor influencing how fast USCIS will process your petition is the evidence and supporting documentation, you attached to it.

    What are the steps for I-751? ›

    How To File Form I-751
    1. Complete Form I-751. You must download and print out Form I-751 to submit it. ...
    2. Organize supporting documents and the filing fee. Along with your USCIS form, you will include supporting documents. ...
    3. Mail Your Form I-751 Application to USCIS. After completing your form, you will mail it to USCIS.

    How do you remove conditional status from permanent resident? ›

    To remove the conditions on permanent residence, the conditional resident and sponsor spouse should file Form I-751 jointly within 90 days of the expiration of the conditional residence. Evidence that the marriage is bona fide and was entered in good faith: For example: A deed showing the spouses jointly own property.

    What evidence is needed for removal of conditions? ›

    This could include documents that show you continue to live together, such as mortgage or lease documents; evidence of shared assets, joint bank accounts, or joint tax filings; birth certificates of children born since your marriage; voided checks showing the same address; or even family photographs and sworn ...

    What is the next step after I-751 is approved? ›

    What happens after I-751 is approved? If your I-751 petition to remove residency conditions is approved, you will be given a new 10-year permanent resident card (also known as a green card). The card will be sent to the address listed on your petition.

    Can I travel while my i751 is pending? ›

    May I travel outside of the United States while my I-751 is pending and my alien registration card has expired? Yes, while USCIS is processing the joint petition or waiver, you can travel abroad even if the conditional resident card has expired. The USCIS will issue you a receipt once it receives the I-751.

    Is USCIS approving I-751 without interview? ›

    After you submit your I-751 form, you (the conditional resident) and your spouse should expect to attend an interview together in person. However, United States Citizenship and Immigration Services (USCIS) does have the option to waive the in-person interview requirement in some cases.

    How do I know if my I-751 is approved? ›

    If USCIS approves your petition, they will mail a 10-year green card to you. If your petition is denied, USCIS will mail you a notice explaining the reasons for the denial.

    How can I speed up my I-751? ›

    In your cover letter which you are attaching to your I-751 application, you can put “REQUEST FOR EXPEDITED CONSIDERATION,” but if you want to have any chance of having this request granted, you better be willing to give compelling reasons why USCIS should expedite your petition.

    Can I apply for citizenship while I-751 is pending? ›

    Fortunately, applicants can file for naturalization with an N-400 peition, even if their I-751 application to remove the conditional status of their residency is still pending without a decision.

    How much is the filing fee for I-751? ›

    I-751 Filing Fee

    USCIS filing fees for the I-751 form are $750. As of April 2024, the biometrics fee, if applicable, is now included in the I-751 filing package. If more than 5 children are removing conditions with their parent on the same form, add a further $85 for each additional child.

    How do I terminate conditional permanent resident status? ›

    The USCIS may terminate an alien's conditional permanent resident status for any of the reasons stated in INA 216 (family cases) or 216A (entrepreneur cases). The USCIS generally issues a Notice to Appear upon terminating an alien's conditional permanent resident status.

    What proof do I need for i751? ›

    What Initial Evidence Is Required? You must file your petition with a copy of your permanent resident card or alien registration card, and a copy of the permanent resident or alien registration cards of your conditional resident children that you are including in your petition.

    How many bank statements for i751? ›

    o Copies of bank statements showing joint savings accounts and/or checking accounts - one for each quarter (four per year) since the date of marriage. o Two declarations by close friends or family members with knowledge of your bona fide marriage.

    When to submit removal of conditions? ›

    You must file your Form I-751 during the 90-day period immediately before your conditional residence expires. Visit our When to File Your Petition to Remove Conditions, page to determine the first day of your 90-day filing window. If you file your petition before that date, it may be rejected.

    What is next after a case is being actively reviewed by USCIS I-751? ›

    The actively reviewed status eventually leads to a final decision on the USCIS case. This decision can take various forms, including approval, denial, or a request for further evidence. Note: Even if the case is actively reviewed, the final decision is not guaranteed.

    Can I apply for citizenship while my I-751 is pending? ›

    Fortunately, applicants can file for naturalization with an N-400 peition, even if their I-751 application to remove the conditional status of their residency is still pending without a decision.

    References

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