Petition to Remove Conditions on Residence (2024)

ALERT: On Jan. 31, 2024, we published afinal rule in theFederal Register that adjusts the fees required for most immigration applications and petitions. The new fees will be effective April 1, 2024.

Applications and petitions postmarked on or after April 1, 2024, must include the new fees or we will not accept them.

What to Know About Sending Us Your Form

The new filing fee is effective for filings postmarked April 1, 2024, and later. If you are filing an acceptable prior form edition on or after April 1, 2024, you must include the new filing fee.

ALERT: In January 2023, USCIS extended the validity of Permanent Resident Cards (also known as Green Cards) for petitioners who properly file Form I-751, Petition to Remove Conditions on Residence, or Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status, for 48 months beyond the card’s expiration date. Read more here: USCIS Extends Green Card Validity for Conditional Permanent Residents with a Pending Form I-751 or Form I-829.

Use this form if you are a conditional permanent resident who obtained status through marriage and want to apply to remove the conditions on your permanent resident status.

Forms and Document Downloads

Form Details

Edition Date

04/01/24.  Starting June 3, 2024, we will accept only the 04/01/24 edition. Until then, you can also use the 12/02/19 edition. You can find the edition date at the bottom of the page on the form and instructions.

The new filing fee is effective for filings postmarked April 1, 2024, and later. If you are filing an acceptable prior form edition, you must include the new filing fee.

Dates are listed in mm/dd/yy format.

If you complete and print this form to mail it, make sure that the form edition date and page numbers are visible at the bottom of all pages and that all pages are from the same form edition. If any of the form’s pages are missing or are from a different form edition, we may reject your form.

If you need help downloading and printing forms, read our instructions.

Where to File

For a complete list of addresses, visit ourDirect Filing Addresses for Form I-751page.

When to File

If USCIS granted you conditional permanent resident status through marriage to a U.S. citizen or lawful permanent resident, use Form I-751 to file for the removal of those conditions.

If you are filing Form I-751 jointly with your U.S. citizen or lawful permanent resident spouse:

  • You must file your Form I-751 during the 90-day period immediately before your conditional residence expires.
  • Visit our When to File Your Petition to Remove Conditions,page to determine the first day of your 90-day filing window. If you file your petition before that date, it may be rejected.

If you were not included in your parent’s petition and are filing a separate joint petition with your U.S. citizen or lawful permanent resident stepparent:

  • You may file your I-751 petition at any time before your conditional permanent resident status expires.

If you are not filing your I-751 petition jointly, and are requesting a waiver of the joint filing requirement for one of the following reasons:

  • Termination of your status and removal from the United States would result in extreme hardship;
  • You or your parent entered into the marriage in good faith, but your spouse or stepparent subsequently died;
  • You entered into your marriage in good faith, but the marriage ended by annulment or divorce;
  • You entered into your marriage in good faith, but during the marriage you or your child were battered or subjected to extreme cruelty committed by your U.S. citizen or lawful permanent resident spouse; or
  • Your parent entered into the marriage in good faith, but during the marriage you were battered or subject to extreme cruelty by your parent or your U.S. citizen or lawful permanent resident stepparent.

You may file your Form I-751 individually, or with a request to waive the joint filing requirement depending on the circ*mstance, at any time before your conditional permanent resident status expires.

Refer to the form instructions for more specific guidance related to waivers or filing your Form I-751 petition and to our Removing Conditions on Permanent Residence Based on Marriage, page.

Filing Fee

You can find the filing fee for Form I-751 by visiting our Fee Schedule page.

The fee is effective for filings postmarked April 1, 2024, and later.

You can pay the fee with a money order, personal check, cashier’s check, orpay by credit card or debit card using Form G-1450, Authorization for Credit Card Transactions. If you pay by check, you must make your check payable to the U.S. Department of Homeland Security.

When you send a payment, you agree to pay for a government service. Filing fees are final and non-refundable, regardless of any action we take on your application, petition, or request, or if you withdraw your request.If you pay by credit card or debit card, you cannot later dispute the payment. Use our Fee Calculator to help determine your fee.

If you are submitting multiple forms, pay each filing fee separately. We are transitioning to electronically processing immigration benefit requests, which requires us to use multiple systems to process your package. We may reject your entire package if you submit a single, combined payment for multiple forms.

Checklist of Required Initial Evidence (for informational purposes only)

Please do not submit this checklist with your Form I-751. The checklist is an optional tool to use as you prepare your form, but does not replace statutory, regulatory, and form instruction requirements. We recommend that you review these requirements before completing and submitting your form.Do not send original documents unless specifically requested in the form instructions or applicable regulations.

If you submit any documents (copies or original documents, if requested) in a foreign language, you must include a full English translation along with a certification from the translator verifying that the translation is complete and accurate, and that they are competent to translate from the foreign language into English.

If you are filing a joint petition, did you provide the following?

  • Copies of the front and back of your Permanent Resident Card;
  • Copies of the front and back of the Permanent Resident Cards of any conditional permanent resident children you are including in your petition (if applicable);
  • Evidence of the relationship:
    • Submit copies of documents indicating that the marriage upon which you were granted status was entered in good faith and was not for the purpose of circumventing immigration laws. Submit copies of as many documents as you can to establish this fact, to demonstrate the circ*mstances of the relationship from the date of the marriage to the present date;
  • An explanation for the reason you are filing late (if applicable);
  • An explanation for the reason you are filing separately from your primary conditional permanent resident parent (if applicable);
  • Dispositions on criminal charges, arrests, or convictions (if applicable); and
  • If you are filing from outside of the United States because you, your spouse, or your stepparent is residing outside of the United States on U.S. military or government orders:
    • Two passport-style photographs for each petitioner and dependent, regardless of age
      • Two completed Form FD- 258 Fingerprint Cards for each petitioner and dependent 14 to 79 years of age; and
      • A copy of current military or government orders.

If you are filing an individual request because of the death of the petitioning spouse or stepparent, did you provide the following?

  • Copies of the front and back of your Permanent Resident Card;
  • Copies of the front and back of the Permanent Resident Cards of any conditional permanent resident children you are including in your petition (if applicable);
  • Evidence of the relationship:
    • Submit copies of documents indicating that the marriage upon which you were granted status was entered in good faith and was not for the purpose of circumventing immigration laws. Submit copies of as many documents as you can to establish this fact, to demonstrate the circ*mstances of the relationship from the date of the marriage to the date of your spouse's or stepparent's death;
  • Your spouse’s or stepparent's death certificate;
  • An explanation for the reason you are filing separately from your primary conditional permanent resident parent (if applicable);
  • Dispositions on criminal charges, arrests, or convictions (if applicable); and
  • If you are filing from outside of the United States because you, your spouse, or your stepparent is residing outside of the United States on U.S. military or government orders:
    • Two passport-style photographs for each petitioner and dependent, regardless of age;
    • Two completed Form FD- 258 Fingerprint Cards for each petitioner and dependent 14 to 79 years of age; and
    • A copy of current military or government orders.

If you are filing a waiver of the joint filing requirement due to a termination of marriage other than through death of the petitioning spouse or stepparent, did you provide the following?

  • Copies of the front and back of your Permanent Resident Card;
  • Copies of the front and back of the Permanent Resident Cards of any conditional resident children you are including in your petition (if applicable);
  • Evidence of the relationship;
    • Submit copies of documents indicating that the marriage upon which you were granted status was entered in good faith and was not for the purpose of circumventing immigration laws. Submit copies of as many documents as you can to establish this fact, to demonstrate the circ*mstances of the relationship from the date of the marriage until the marriage terminated;
  • The final divorce or annulment decree;
  • Evidence demonstrating any circ*mstances surrounding the end of the relationship;
  • An explanation for the reason you are filing separately from your primary conditional permanent resident parent (if applicable);
  • Dispositions on criminal charges, arrests, or convictions (if applicable); and
  • If you are filing from outside of the United States because you, your spouse, or your stepparent is residing outside of the United States on U.S. military or government orders:
    • Two passport-style photographs for each petitioner and dependent, regardless of age;
    • Two completed Form FD- 258 Fingerprint Cards for each petitioner and dependent 14 to 79 years of age; and
    • A copy of current military or government orders.

If you are filing a waiver of the joint filing requirement because you and/or your conditional resident child were battered or subjected to extreme cruelty, did you provide the following?

With respect to abuse waivers, you may file your form with any credible evidence relevant to the application. The determination of what evidence is credible and the weight to be given (meaning how important the evidence is)is within our sole discretion.

  • Copies of the front and back of your Permanent Resident Card;
  • Copies of the front and back of the Permanent Resident Cards of any conditional resident children you are including in your petition (if applicable);
  • Evidence of the relationship:
    • Submit copies of documents indicating that the marriage upon which you were granted status was entered in good faith and was not for the purpose of circumventing immigration laws. Submit copies of as many documents as you can to establish this fact, to demonstrate the circ*mstances of the relationship from the date of the marriage to the present date;
  • Evidence of abuse;
  • The final divorce or annulment decree if your marriage was terminated by divorce on grounds of physical abuse or extreme cruelty;
  • An explanation for the reason you are filing separately from your primary conditional permanent resident parent (if applicable);
  • Dispositions on criminal charges, arrests, or convictions (if applicable); and
  • If you are filing from outside of the United States because you, your spouse or your stepparent is residing outside of the United States on U.S. military or government orders:
    • Two passport-style photographs for each petitioner and dependent, regardless of age;
    • Two completed Form FD- 258 Fingerprint Cards for each petitioner and dependent 14 to 79 years of age; and
    • A copy of current military or government orders.

If you are filing a waiver of the joint filing requirement because the termination of your status and removal would result in extreme hardship, did you provide the following?

  • Copies of the front and back of your Permanent Resident Card;
  • Copies of the front and back of the Permanent Resident Cards of any conditional resident children you are including in your petition (if applicable);
  • Evidence of extreme hardship;
  • An explanation for the reason you are filing separately from your primary conditional permanent resident parent (if applicable);
  • Dispositions on criminal charges, arrests, or convictions (if applicable); and
  • If you are filing from outside of the United States because you, your spouse or your stepparent is residing outside of the United States on U.S. military or government orders:
    • Two passport-style photographs for each petitioner and dependent, regardless of age;
    • Two completed Form FD- 258 Fingerprint Cards for each petitioner and dependent 14 to 79 years of age;
    • A copy of current military or government orders.

Form Filing Tips

Filing Tips:Review ourTips for Filing Forms by Mailpage for information on how to ensure we will accept your form.

Don’t forget to sign your form.We will reject any unsigned form.

Special Instructions

E-Notification: If you want to receive an e-mail and/or a text message that we have accepted your form at a USCIS lockbox, complete Form G-1145, E-Notification of Application/Petition Acceptance, and clip it to the first page of your form.

Related Links

  • USCIS Policy Manual Volume 6, Part I, Family-Based Conditional Permanent Residents
  • Card Delivery Tracking
  • Remove Conditions on Permanent Residence Based on Marriage
Petition to Remove Conditions on Residence (2024)

FAQs

How long does it take for petition to remove conditions on residence? ›

Below is a quick breakdown of the process:

You will receive a Receipt of Petition 4 to 6 weeks after filing. If additional documents are needed or your package was rejected, you will receive an extension. Biometrics Appointment - 7 to 10 weeks after filing. Interview Appointment - 8 to 12 months after filing.

What evidence is needed for removal of conditions? ›

This could include documents that show you continue to live together, such as mortgage or lease documents; evidence of shared assets, joint bank accounts, or joint tax filings; birth certificates of children born since your marriage; voided checks showing the same address; or even family photographs and sworn ...

How to remove conditional resident status? ›

To remove the conditions on your permanent resident status, you must file Form I-751. If you are filing jointly, you and your spouse or stepparent must file Form I-751 together. You may file Form I-751 on your own if you are applying for a joint filing waiver.

What is the affidavit for removal of conditional residence? ›

Form I-751 is officially named “Petition to Remove Conditions on Residence.” It is an application to change a two-year conditional green card into a 10-year green card. A conditional green card is for someone trying to gain permanent resident status.

Is it hard to remove conditions on green card? ›

It can take USCIS between 10 and 12 months to remove the conditions on your green card. The earlier you file your petition – within the 90-day window of your conditional green card's expiration date, that is – the better.

How much is the removal of condition fee? ›

You'll need to include a copy of the front and back of your conditional green card, along with the filing fee ($750) and biometrics fee ($85), for a total of $750. Before April 7, 2022, it was mandatory for couples to attend an interview with a USCIS officer to remove the conditions on their residency.

Can removal of conditions be denied? ›

USCIS will include an explanation for why your petition to remove conditions on your green card was denied. You will then know what to correct in your form and can begin refiling I-751 after your original denial. Because this is your refiling, it is beneficial to work with an experienced immigration attorney.

Does the 2 years of conditional green card count towards citizenship? ›

As long as you become a permanent resident at the end of your conditional residence period, your two years as a conditional resident will count toward the waiting period for citizenship.

What happens after I-751 is approved? ›

What happens after I-751 is approved? If your I-751 petition to remove residency conditions is approved, you will be given a new 10-year permanent resident card (also known as a green card). The card will be sent to the address listed on your petition.

How long does removal of conditions take? ›

Approximately 4 to 6 Weeks After Filing

Formally known as Form I-797C, Notice of Action (see example below), the receipt notice typically arrives 4 to 6 weeks after filing. If you did not properly file your Form I-751, USCIS will send a Notice of Action to reject the petition.

How soon can I apply to remove conditions on my green card? ›

If we granted you conditional permanent resident status based on investment, you must file Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status, within the 90-day period before your Green Card expires.

What is the timeline for removal of conditions on green card? ›

To remove the conditions on your permanent resident status, you must file a petition within the 90-day period before your conditional Green Card expires. Use our Filing Calculator to determine your 90-day filing date. You cannot renew your conditional Green Card.

Do I need a lawyer for I751? ›

It is advisable to have a consultation, at a minimum, with an immigration lawyer for guidance. You may file your I-751 with a divorce waiver, which does not need your spouse. Nonetheless, be mindful of the filing deadline.

What is the burden of proof for I751? ›

The burden of proof is on the couple to establish their bona fide marriage. Smart couples start preparing for the I-751 petition as soon after marriage. If you or your spouse recently became a conditional resident through marriage, you can begin building your case.

What evidence is needed for I751 removal of conditions? ›

Documents that prove your bona fide marriage and co-habitation covering the period of time from the date of marriage to the present, such as: o Copies of bank statements showing joint savings accounts and/or checking accounts - one for each quarter (four per year) since the date of marriage.

How long does it take to get condition removed from green card? ›

Approximately 4 to 6 Weeks After Filing

If properly filed, U.S. Citizenship and Immigration Services (USCIS) will initially respond by mailing you a receipt notice that confirms receipt of your petition.

How long does it take to remove conditions on green card? ›

The I-751 processing time varies but is generally 14 to 24 months. It can take longer in some cases. Upon approval, the immigrant spouse will receive an approval notice and then the 10-year green card in the mail. For current processing times for the office near your, check USCIS.

How soon can I apply to remove conditions green card? ›

If we granted you conditional permanent resident status based on investment, you must file Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status, within the 90-day period before your Green Card expires.

What is the wait time for Form I-751? ›

How long does it take for the I-751 to be approved? Unfortunately, the I-751 has one of the longest USCIS Processing times – between 12 – 19 months.

References

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