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Form I-751: Petition to Remove Conditions on Residence

Form I-751, Petition to Remove Conditions on Residence, is used by individuals who obtained conditional permanent resident status based on marriage to a U.S. citizen or lawful permanent resident. If you are applying to remove the conditions on your residence and obtain permanent resident status, you'll need to complete and submit Form I-751 to the United States Citizenship and Immigration Services (USCIS).

Steps for Submitting Form I-751

  1. Eligibility:
    • The form is for individuals who have conditional permanent resident status through marriage and are seeking to remove the conditions before it expires.
    • Generally, this form must be filed within the 90-day period before the two-year anniversary of receiving conditional resident status.
  2. Completing Form I-751:
    • Provide personal details (name, date of birth, address, etc.).
    • Answer biographic information and provide marital history.
    • Indicate the reason for filing the form (e.g., removing conditions based on a valid marriage).
    • Submit supporting documents to prove your marriage is bona fide (joint financial statements, tax returns, photos, affidavits, etc.).
    • Ensure both spouses sign the form, unless applying for a waiver.
  3. Required Documents:
    • Copy of conditional resident card (Form I-551).
    • Marriage certificate.
    • Proof of bona fide marriage (joint financial accounts, lease agreements, children’s birth certificates, etc.).
    • Government-issued IDs showing both spouses’ names and addresses.
    • Divorce or annulment documentation if applicable.
  4. Filing Fees: $1,180 filing fee (subject to change).
  5. Where to File: The mailing location depends on your place of residence.
  6. Biometrics Appointment: USCIS may schedule fingerprinting, photograph, and signature collection.
  7. Decision Process:
    • USCIS reviews your case and may schedule an interview.
    • If approved, you will receive a 10-year permanent resident card.
  8. Conditional Status Extension: While your petition is being processed, your status may be extended by 18 months.
  9. Potential Denial: If USCIS denies the application, they will provide a reason. You may appeal or reapply.

Additional Information

Joint Petition: Most I-751 petitions are filed jointly by both spouses. If you are filing alone due to divorce, abuse, or the death of your spouse, specific questions in the form address that.

Waiver of Joint Filing Requirement: If you are filing individually due to an abusive relationship or divorce, you will need to file a waiver and provide evidence supporting your claim.

Online Filing Steps

  • Login to the IESI (Immigration Experts and Services Inc) online portal.
  • Complete Form I-751 (save progress as needed).
  • Upload supporting documents (marriage proof, green card copy, etc.).
  • Pay the required fees online.
  • Submit the application electronically.
  • Track your case status through your online account (will be ready anytime soon!).

Eligibility for Online Filing

  • You must be the primary petitioner (the person applying to remove the conditions on your residence).
  • You must be filing as a joint petitioner with your spouse.
  • Online filing may not be available if you are applying for a waiver due to divorce, abuse, or the death of a spouse.

Important Notes

Filing Jointly: Both spouses must sign the form.

Waiver Cases: If you are filing without your spouse due to divorce, abuse, or death, additional options are available.

Paper Filing: If you do not meet the online filing criteria, you must submit a paper form.

To get started: Petition to Remove Conditions on Residence Application.

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