Many spouses who immigrate through marriage to a U.S. citizen must first obtain conditional permanent residence status. Conditional residence is imposed on individuals who obtain lawful permanent residence status based on a marriage that occurred within two years of either entering the USA as a permanent resident or adjusting to permanent resident status within the USA. 

What must I do to remove the conditions on my residence?

Within 90 days before the second anniversary of the date on which your permanent residence was received, you must file Form I-751, Petition to Remove the Conditions on Residence, with USCIS. 

If my children were also granted conditional resident status, will they need to file anything with USCIS? 

The law also affects children who immigrate legally within two years of their parent’s marriage, assuming the parent also immigrated based on that marriage. Children will also need to petition to remove the conditions at the end of the two-year period. 

If spent a lot of time outside of the USA during the two-year period, will USCIS give me extra time to file my I-751?

No. The amount of time you have spent outside of the USA during the two years since acquiring conditional residence does not affect the requirements. 

Do I need to be in the USA when the I-751 petition is filed?

No. However, you must return to the USA to appear for a scheduled interview.

What happens after I file the I-751 petition?

USCIS will send a fee receipt to the address you have listed in the petition. The receipt notice can be presented with the green card as evidence of your continued status for the duration of time indicted by USCIS.

What happens after USCIS approves the I-751 petition?

If USCIS approves your I-751 petition, the conditional status will be removed. USCIS will produce a new lawful permanent residence card that is valid for ten years. The new card will be an unconditional green card.

Can USCIS take away my conditional residence status?

USCIS can terminate the conditional residence status at any time during the two-year period if it discovers your marriage ended or was annulled. It can also terminate the status if it determines that your marriage was fraudulent. If your status is terminated during these two years, the conditional resident status of your children will also be terminated. If you find yourself in this situation, please contact a qualified I-751 Lawyer. 

What happens if my conditional resident status is terminated or the I-751 petition is denied?

If USCIS terminates your conditional residence status during the two-year period or denies your joint petition to remove conditions, you will lose status and become subject to removal through the immigration court.

If USCIS denies my I-751 petition, can I file it again?

There are no limits on how many times you may file Form I-751. Therefore, if the original I-751 petition is denied, a second petition may be filed and new evidence may be considered. 

I forgot to file my I-751 petition. What do I do now?

If you can show that you have a good cause for filing late, USCIS will usually accept the case. You must provide specific reasons why the case was not filed before the end of the two-year period. Good cause reasons may include hospitalization, long-term illness, death of a family member, recent birth of a child, or having a family member on active U.S. military duty. 

I filed a joint petition to remove conditions on my residence with my spouse. However, my interview is next week and we have since separated. What do I do?

If you filed a joint petition but at the time of the interview you are legally separated or in divorce or annulment proceedings, USCIS will issue a Request for Evidence (RFE). It will request the final decree. The filing will then be treated as a waiver petition.  

If your divorce or annulment is finalized by the RFE deadline and the decree is submitted, the I-751 petition will be amended from a joint petition to a waiver application without having to refile. If your divorce or annulment is not finalized, USCIS may deny the waiver, terminate the conditional residency, and refer your case to immigration court. 

Can I request a waiver of a joint I-751 filing on any other basis?

Instead of completing a joint petition with your U.S. spouse, you can request a waiver on any of the three grounds below:

1. You entered into the marriage in good faith but your marriage was terminated by divorce or annulment; 
2. Your marriage was entered into in good faith, but you have been battered or subject to extreme cruelty by your US citizen spouse; or
3. Termination of your permanent residency and deportation would result in extreme hardship.

Must I choose just one type of waiver?

No. You may apply for a waiver based on one or more grounds.

How can I show USCIS that my marriage was entered into in good faith but things did not work out?

You may submit evidence showing a sharing of financial assets or liabilities; the length of time you cohabitated; birth certificates of children born during the marriage; or any other evidence.

I was not faithful to my U.S. spouse. Do I still qualify for the divorce or annulment waiver?

Yes. The joint petition requirement can be waived regardless of who was at fault for the breakup or who initiated divorce proceedings.

How do I show I qualify for the extreme hardship waiver?

You may file for an extreme hardship waiver based on hardship to yourself, the children of the marriage, or to a new spouse. Factors that arose after your conditional resident status was granted will be considered. Extreme hardship consists of something more than hardship that a person would ordinarily experience upon being deported. 

USCIS will consider the following criteria when determining if the hardship is extreme:

• Your age;
• Your ties to family in the USA and abroad;
• How long you have resided in the USA;
• Your health;
• Economic and political conditions in your home country;
• Your occupation and work skills;
• Your immigration history;
• Your position in the community; 
• Whether you have been of special assistance to the USA or to the community; and 
• Whether you could adjust status by other means. 

Can I file for naturalization based on my marriage to a U.S. citizen before I file the I-751 petition?

No. Generally, as a conditional resident, you will be eligible to file for naturalization three years after the date of adjustment of status or entry as a conditional resident if you are still married to your U.S. citizen spouse. However, USCIS will not approve the naturalization application until it has approved the I-751 petition. 

Can I file my I-751 petition without an attorney?

Sure. However, it is always recommended that you reach out to a qualified I-751 petition attorney for review and assistance with your case.

How do I get help with my I-751 petition?

Learn how our I-751 Attorney can help you. Please contact our I-751 Lawyer at Stone Oak Immigration to schedule a paid consultation.