Remove Conditions on Permanent Residence Based on Marriage (I-751)
What you need to know about your I-751
Your permanent residence status is conditional if it is based on a marriage that was less than 2 years old on the day you were given permanent residence through an immigrant visa or adjustment of status. To remove the conditions, you must file Form I-751, the form I-751 is filed by a conditional resident (2 years green card holder) requesting that USCIS remove the conditions on your residence.
The Eligibility Requirements
Generally, you may apply to remove your conditions on permanent residence if you:
- Are still married to the same U.S. citizen or permanent resident after 2 years. You may include your children in your application if they received their conditional-resident status either at the same time or within 90 days as you did.
- Are a child and, for a valid reason, cannot be included in your parents’ application.
- Are a widow or widower who entered into your marriage in good faith.
- Entered into a marriage in good faith, but the marriage ended through divorce or annulment.
- Entered into a marriage in good faith, but either you or your child were battered or subjected to extreme hardship by your U.S.-citizen or permanent-resident spouse.
Who should be included in the I-751 Application?
If you are married with children, your depend children who acquired conditional resident status on the same day as the parent spouse or within 90 days after should be included in the application. However; if the dependent children did not acquire conditional status the same time or within the 90 days’ time frame then they must file their own I-751 removal of conditions. Filing an I-751 with your spouse and children is considered a Joint filing. You, your spouse and your children must apply together to remove the conditions on your residence by filing Form I-751. You should apply during the 90 days before your conditional resident card expires. If you do not apply to remove the conditions in time, you could lose your conditional resident status and be removed from the country. The Form I-751 can be filed after the 90-day period if you can prove in writing to the satisfaction of the director of the appropriate Service Center that there was good cause for failing to file the petition on time, the director in his discretion may accept the late filing.
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Can I Remove the Conditions on my Green Card if I am no longer with my Spouse?
Yes! You can apply to waive the joint filing requirement if you are no longer married to your spouse. In such cases, you may apply to remove the conditions on your permanent residence at any time after you become a conditional resident. In these cases, it is extremely important to provide evidence of your marriage. USCIS requires bona fide evidence to show that you entered the marriage in good faith.
You may file to remove the conditions without your spouse if:
- You entered the marriage in good faith, but your spouse subsequently died.
- You entered the marriage in good faith, but the marriage was later terminated due to divorce or annulment.
- You entered the marriage in good faith, but you have been battered or subject to extreme cruelty by your petitioning spouse.
- Your conditional resident parent entered the marriage in good faith, but you have been battered or subject to extreme cruelty by your parent’s U.S. citizen or lawful permanent resident spouse or by your conditional resident parent.
- The termination of your status and removal from the United States would result in extreme hardship.
Abuse or cruelty based Removal of Conditions:
- The applicant should submit as much evidence as possible of couple’s time together.
- Proof of battery or physical abuse during the relationship, i.e. psychological reports, police reports and hospital records.
- Detailed Affidavit of the Applicant outlining the abuse.
- YI-751 applicant must show he or she is a person of good moral character.
What if my divorce is not final and I have to file to remove the conditions on my resident card?
If you are still married, but legally separated and your divorce is pending, you can file a waiver based on good faith marriage USCIS will generally issue a request for evidence (RFE) specifically asking for a copy of the final divorce decree. If you have filed an I-751 jointly and then and then filed for divorce, you will have to notify USCIS that you would like to have your joint filing petition treated as a waiver and USCIS will issue a request for evidence (RFE) specifically asking for a copy of the final divorce decree and amend the petition to indicate that your petition has been converted to a waiver of the joint filing requirement based on the termination of the marriage.