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Form I-751: Petition to Remove Conditions on Residence

Form I-751 is filed by conditional permanent residents who received a 2-year green card through marriage to a U.S. citizen or LPR. It removes the conditions and issues a 10-year permanent green card. Filing is generally a joint petition with the U.S. spouse, but waivers are available for divorce, abuse, or death of the citizen spouse.

What Form I-751 Is

Form I-751 removes the two-year conditions on marriage-based green cards. When a couple has been married less than two years at the time the green card is approved, USCIS issues a conditional 2-year card. I-751 must be filed in the 90-day window before that card expires to convert it to a 10-year unconditional green card.

The default filing is joint — both spouses sign — with evidence the marriage is genuine and ongoing. Waivers of the joint-filing requirement are available if the marriage ended in divorce, the U.S. spouse died, the conditional resident was battered or subject to extreme cruelty, or removal would cause extreme hardship.

When to File I-751

  • Joint filing: within the 90-day window before the conditional green card expires
  • Divorce waiver: any time after divorce is final and before removal proceedings
  • Abuse waiver: any time — no deadline
  • Widow/widower waiver: any time after the U.S. spouse's death
  • Extreme-hardship waiver: any time before removal proceedings begin

Filing Fee

The USCIS filing fee for Form I-751 is $750 as of the April 2024 fee schedule. Biometrics were previously separate at $85 but are now folded into the base fee for I-751.

Bona Fide Marriage Evidence

The core of an I-751 is proving the marriage was entered in good faith. USCIS wants a portfolio spanning the full two-year conditional period.

Joint Financial Records

  • Joint federal and state tax returns
  • Joint bank accounts and statements
  • Joint credit cards and loans
  • Joint life insurance and beneficiary designations
  • Joint retirement accounts

Joint Residence

  • Joint lease or mortgage in both names
  • Joint utility bills (electric, gas, internet)
  • Home insurance in both names
  • Vehicle title, registration, or auto insurance

Family and Community

  • Children's birth certificates naming both parents
  • Photos together over time and with family/friends
  • Travel records (joint trips, itineraries)
  • Affidavits from friends, family, or neighbors who know the marriage

Frequently Asked Questions About I-751

The USCIS filing fee is $750 as of the Apr-2024 fee schedule. Biometrics are included — no separate $85 biometrics fee like the prior schedule required.

Filing Form I-751?

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