How do you apply for removal of conditions on residency?

Form I-751 is used by a conditional resident who obtained status through marriage to request that U.S. Citizenship and Immigration Services (USCIS) remove the conditions on his or her residence.

Specifically, if you obtained a Green Card through marriage and came to the U.S. on a K-1 visa, you probably received a Conditional Permanent Resident Card that is valid for two year. When this two-year conditional period ends, your permanent residence status automatically expires and you may be subject to deportation.

To avoid this, you must file Form I-751, Petition to Remove the Conditions of Residence, within 90 days of your expiration date. Once approved, the conditional status will be removed and you will receive your new Green Card that is valid for 10 years.

If you are still married, the petition should be filed jointly by you and the spouse through whom you obtained conditional status.

However, you may apply for a waiver of this joint filing requirement 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; or
  • 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 permanent resident spouse or by your conditional resident parent; or
  • The termination of your status and removal would result in extreme hardship.

To supplement your Form I-751 you will need:

  • A copy, front and back, of your Conditional Green Card
  • Two passport-style photos for you and any children applying with you
  • Two completed fingerprint cards (Form FD-258) for you and any children applying with you
  • Evidence showing that the marriage is legitimate and that it was entered in honesty and in "good faith." This can include, but is not limited to, the following: birth certificates of children born during the marriage, lease or mortgage contracts showing joint occupancy, financial records showing joint ownership of assets, or sworn statements from at least two people who have known both you and your spouse since your conditional residence was granted and have personal knowledge of your marriage and relationship.

Processing time for Form I-751 may vary and it can take up to 1 year. A personal interview at your local USCIS district office may be scheduled if the immigration officer has any doubt as to the validity of your marriage.

Categories: Inmigracion, Green Card
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