I-751 Removal of Conditions
If you have been married to the U.S. Citizen petitioner for less than two years at the time your Form I-485 Application to Register Permanent Residence or Adjust Status (AOS) is approved, United States Citizenship and Immigration Service (USCIS) will grant you lawful permanent resident status for two years on a conditional basis. You will need to meet additional requirements and file a Form I-751 Petition to Remove Conditions on Residence before USCIS will grant a permanent green card to you.
Within the 90 days immediately before the expiration date of the conditional residency (look at the conditional residency green cards expiration date and subtract 90 days), a couple must submit a joint petition to the USCIS. USCIS will process the petition and most likely require the couple to attend an interview at the local USCIS field office. At the meeting, a couple must demonstrate that they have a bona fide marriage. Both spouses are required to attend.
I-751 Removal of Conditions Basic Eligibility
- Are still married to the same U.S. Citizen or permanent resident after two years.
- Are a widow or widower who entered into your marriage in good faith.
- You entered into a marriage in good faith, but the marriage ended through divorce or annulment.
- You entered into a marriage in good faith, but either you or your child were battered or subjected to extreme hardship by your U.S.-Citizen or permanent-resident spouse.
If you are no longer married or have been the victim of abuse you can still file individually.
You can apply for a waiver of the joint filing requirement if you are no longer married to your spouse, or if you have been battered or abused by your U.S. Citizen or lawful permanent-resident spouse or parent.
In such cases, you may apply to remove the conditions on your permanent residence at any time after you become a conditional resident, but before you are removed from the country. You must provide evidence that removal from the United States would cause you extreme hardship.
Don’t take unnecessary risks with your future by missing steps or filling the wrong application for benefits. Call today.