If you gained the residence status through marriage to a US Citizen or Permanent Resident you must file the form I-751 (Petition to Remove Conditions on Residence). If your dependent children acquired conditional resident status along with you, then they also must be included in the application to have their conditional status removed. If your dependent children acquired conditional resident status after the status was adjusted or if the conditional resident parent deceased then those dependent children must file Form I-751 separately to have their conditional status removed.
Conditional Green Card:
The Conditional Residence Status is available for two years from the approval date. It will expire when the two year conditional period is over and you will be deported and removed. To avoid the deportation and removal , you need to file form I-751, 90 days or less before your conditional residence expires. After you apply Form I-751, USCIS will grant an extension of 1 year interval time in United States until the request to remove conditions is approved or denied.
There are other reasons you can continue filing the Form I751 with a waiver when you,
- entered the marriage in good faith, but spouse subsequently died;
- entered the marriage in good faith, but the marriage was later terminated due to divorce or
- entered the marriage in good faith and have remained married, but have been battered or
subjected to extreme cruelty by U.S. citizen or permanent resident spouse; or
- termination of the status and removal would result in extreme hardship.
If you file based on marriage, you must provide documents such as birth certificates of children, joint financial statements, and letters from employers, friends and relatives to prove that the applicant obtained the conditional residence status without fraudulent.
If you file based on your joint filing to be waived then you need to provide documents such as \
- evidence of death certificate (if spouse deceased),
- copy of divorce certificate (if marriage terminated),
- evidence of abuse (if you or your child was battered or subjected to extreme cruelty).
When to File
If you file this form along with your spouse, you must file it during the 90 days before your second anniversary of the date if approval of your Conditional Residence Status.
If you are filing this form that the joint filing requirement with your spouse to be waived, then you may file this application anytime after conditional residence status is granted or before your removal.
If you fail to file this form then you will lose your permanent residence or you will be subject to deportation. If your delay to file your application is not your fault, you may then provide an explanation to the USCIS to execute the late filing.
After your Petition to Remove Conditions on Residence was received by USCIS, they will check for completeness , including submission of all initial evidence. You may then be requested to appear for an interview at USCIS office. The decision on approval of your petition depends on your eligibility and the requested benefit.
What supporting documents do I need to submit with the Form I-751, Petition to Remove the Conditions on Residence?
Form I-751, Petition to Remove the Conditions on Residence is a petition used to remove the conditions on residence. If you are a conditional resident and obtained the conditional status through marriage, then you should use Form I-751 for removal of conditions. Supporting documents with Form I-751 include certain intial evidences like copy of Permanent Resident Card. Form I-751 can be filed jointly or you could seek a waiver in the joint filing requirement.
The following supporting documents with Form I-751, should be submitted to the USCIS:
* Copy of the front and back of your Permanent Resident Card.
* Evidences to prove that your marriage is legitimate.
* Evidences for seeking a waiver (If filing to waive the joint filing requirement)
* Court order if you have changed your name legally.
* English translation of all foreign language documents from an authorized translator.
You have to submit evidences to prove that your marriage is legitimate and that you have not violated any law of the United States. To prove the evidence of your marriage, the following supporting documents with Form I-751 should be submitted:
* Copy of your marriage certificate.
* Copy of birth certificates of the children you have had together.
* Documents of Joint ownership or property such as financial records of assets, federal tax return, insurance policies.
* Rental receipts of all the apartments that you have occupied together.
* Affidavits from atleast two people, who have personally known you and your spouse from the time the conditional residence was granted. The person who signs the Affidavit should witness before the immigration officer that whatever is written in the Affidavit is true.
If you are seeking a waiver in the joint filing requirement, the following supporting documents with Form I-751 should be submitted:
* Copy of death certificate, if spouse is deceased.
* Copy of divorce certificate, if marriage was terminated.
* If battered or subject to extreme cruelty, submit evidence of abuse such as reports issued by the police or court.
If you are residing outside the U.S. due to military orders or goverment orders, you should submit the following:
* Two passport style photographs of the applicant and dependents.
* If you or your dependents are between the ages of 14 and 79, complete Form FD-258, Fingerprint Cards.
The supporting documents with Form I-751 should be filed for all dependent children who got conditional residence concurrently with you. Carefully prepare the supporting documents, as this would make an easy way for the approval of your petition. Put all the documents in a large envelope and send them to the USCIS. Do not send the original documents to USCIS, unless you are asked to send. If you are requested to send the original documents, USCIS keeps a record of the original documents and returns them back to you. Have a copy of all the documents you send to USCIS, as you may need them for your reference.
The filing fee for the petition includes the application fee and the biometric fee. After USCIS receives your petition, you will be informed about when you should appear for the biometrics.