If a green card holder got his or her status by marriage and the couple had been married for less than two years at the time the green card was approved, the green card is conditional, not permanent. Two years from the date of issuance, conditional residence ends. Because the applicant must prove that the marriage was not entered into merely for the purpose of obtaining an immigration benefit, this status is conditional. To remove conditional status, the green card holder and his or her spouse must complete Form I-751, Petition to Remove Conditions on Residence, within 90 days of the permanent residence’s expiration, i.e., within 90 days of the green card’s second anniversary.
If a conditional resident meets the following criteria, he or she may be able to remove the conditions on permanent residence:
- After two years, is still married to the U.S. citizen or permanent resident sponsor
- Children of conditional residents may be included in the application if they earned conditional resident status at the same time or within 90 days of the conditional resident.
- Is a minor who cannot be legally included in his or her parents’ application.
- Is a widow or widower who joined the marriage with the best of intentions?
- Is divorced from the sponsor’s husband, but married in good faith.
- Entered the marriage in good faith, but the sponsor spouse assaulted the conditional resident or their children.
The conditional resident and sponsor spouse must complete Form I-751 jointly within 90 days of the conditional residence’s expiration to remove the conditions on permanent residence.
The following should be included in the application:
- Conditional resident and sponsor spouse must complete and sign Form I-751.
- a copy of the conditional green card (front and back)
- 2 passport-style photographs of the conditional resident and any children that are part of the application
- The following are examples of evidence that the marriage is genuine and entered in good faith:
Consider the following scenario:
- A deed indicating that the couple owns property together.
- A lease indicating joint tenancy of a home.
- Financial records demonstrating shared asset ownership and/or joint liability obligation
- Any children born during the marriage must have birth certificates.
- At the marital residence, mail is addressed to both spouses.
- Insurance policies in one spouse’s name with the other spouse listed as a beneficiary
- Medical bills with the names and addresses of both spouses
- Vehicle registrations and driver’s licenses with the married address on them
- Income tax returns filed jointly
- Any other documentation or records that prove the marriage is genuine and was not entered into purely for the purpose of obtaining an immigration benefit
Conditional residents who are unable to file Form I-751 with their sponsor spouse may apply for a waiver of the joint filing requirement if they meet the following criteria:
- Deportation or the loss of conditional resident status would be extremely difficult.
- Evidence that deportation will cause more hardship than other aliens in the conditional resident’s situation is required.
- The marriage started out well, but ultimately ended in divorce or annulment.
- The divorce decree or annulment documents, as well as proof of the marital relationship, must be included.
- Although the marriage was entered into in good faith, the sponsor spouse passed away.
- The death certificate must be included, as well as proof of the marital relationship.
- The marriage was entered into in good faith, but during the marriage, the sponsor spouse assaulted the conditional resident or their children.
- Must include proof of abuse, such as images of any injuries, copies of police reports, or legal documents showing a protective order against the abuser (but not limited to).
What documents must I submit with the I-751?
Submit as many copies of documents as you can to demonstrate the benefits of the partnership from the date of marriage to the present, as well as any circumstances surrounding the dissolution of the relationship, if it has terminated.
This is a prerequisite that should be considered by all couples from the start of their marriage. Proving a good faith marriage should begin on the first day so that you have enough proof to send with Form I-751 to prove your genuine marriage.
Examples of documents that may be included in the documents include, but are not limited to:
- Birth certificate(s) of the marriage’s child(ren).
- Contracts indicating joint possession and/or ownership of your common residence (lease or mortgage).
- Financial papers demonstrating shared ownership of assets and joint liability obligation
- Any other documents you believe are necessary to prove that your marriage was not entered for the aim of dodging immigration regulations in the United States.
- Photographs of a couple who has been married for a long time.
All of the aforementioned information is more powerful if it is presented from the beginning of the marriage to the present. Affidavits should be backed up by the above-mentioned sorts of proof.
What should I bring to the interview for the removal of conditions?
Proof of green card (permanent resident) status, travel records such as a passport or USCIS-issued travel documentation, proof of current marital status and termination of former marriages, and other documents are required.
How long will it take to remove the conditions off the green card 2020?
HOW LONG DOES IT TAKE TO REMOVE RESIDENCE CONDITIONS? Your I-751 processing period might range from 12 to 18 months after you file the Petition to Remove Conditions on Residence. Your petition package’s completeness and thoroughness will be a crucial consideration.
How much does it cost to have your green card conditions lifted?
On the same form, each person asking to remove conditions on their residence must pay a $85 biometric service charge. To assist you in determining your fee, use our Fee Calculator. Forms with inaccurate or incomplete fees will be rejected.
You agree to pay for a government service when you send a payment. Regardless of what action we take on your application, petition, or request, or if you withdraw your request, filing and biometric service fees are final and non-refundable.
What does it cost to file Form 751?
The fees are updated by USCIS on a regular basis, therefore you should always double-check before filing any petition to ensure that the fees have not increased.
Visit https://www.uscis.gov/i-751 for further information.
A money order, personal check, or cashier’s check can be used to pay the cost.
However, employing a personal check will be more convenient and secure.
You can get a duplicate of the cashed check from your bank if you use a personal check.
The USCIS receipt number is frequently stamped on the back of the check.
Obtaining a copy of the cashed money order is nearly impossible.
What is the average time it takes for I-751 to be approved?
USCIS will give you Form I-797C, Notice of Action, approximately 6 to 8 weeks after you have correctly filed Form I-751, Petition to Remove Conditions on Residence. This is a receipt letter from USCIS indicating that your petition has been accepted for processing. Your permanent resident status will be extended for another 18 months as a result of the letter. As a result, it’s a crucial document. Make a photocopy of the letter and keep it in your wallet or purse at all times (along with your expired green card). Keep the original in a secure location.
Is it necessary for me to submit images with the I-751?
The petitioner and each dependant, regardless of age, must provide the following items with Form I-751: 1. Two passport-style pictures for each petitioner and dependent. Color photos are required for passports.
Is it necessary for me to have an interview in order to get my conditions removed?
After completing Form I-751, Petition to Remove Conditions on Residence, a conditional resident and his or her spouse are required by law to present for an in-person interview. In some situations, however, US Citizenship and Immigration Services (USCIS) may waive this requirement.
By presenting a well-prepared I-751 petition with strong evidence of a bona fide marriage, you have the best chance of avoiding an interview.
Determining the Need for an Interview
When removing constraints on residency, the USCIS requires couples to attend an interview. They do, however, have the power to waive the interview obligation. Submitting a well-prepared I-751 petition with plenty of quality evidence is one of the greatest strategies to avoid the I-751 interview.
Your evidence should, in particular, show that you have a genuine marriage. A marriage certificate is insufficient on its own. You must persuade USCIS that your marriage was not intended to circumvent immigration regulations and acquire a green card. Demonstrate to them that you intend to consider your marriage as a permanent relationship by making life choices (financial, insurance, children, etc.) that reflect this. USCIS may forgo the interview and approve the I-751 petition more swiftly if there is enough good evidence and a well-prepared Form I-751.