I-751

Removal Of Conditions

If you received your green card by applying to the green card through marriage process and your marriage was less than 2 years when your green card was approved, what you received is a conditional green card, known as CR1 visa (Conditional permanent residency).
The conditional green card is valid for only 2 years. After this period, if you wish to remain as a permanent resident in the U.S. you need to remove the conditions of your green card. This is done by submitting the form I 751 petition to remove conditions on residence. If you successfully submit this form and it gets approved, then you will move from the conditional permanent resident status to the permanent resident status, and your green card will be valid for 10 years.

To remove the Green Card conditions you must:

  • Submit a Petition to Remove the Conditions on Residence (Form I-751).

  • Prove to USCIS that your marriage is a bona fide marriage.

  • Submit the application within 90 days prior to your conditional green card expiration date.

  • File jointly, meaning that both you and your spouse must file together. Although, if this is not possible, you may still be able to remove the conditions of your residency by filing an I-751 waiver.

Filing for permanent residency can be a complex and confusing process, and with so much at stake, it is crucial that couples seek the legal guidance of an experienced immigration lawyer. Ensuring that your I-751 Marriage visa petition is successful requires specific documents and proof that the marriage is not simply an attempt to evade immigration laws.

Form I-751: What is it for?

The objective of the USCIS form i751 is to prove to the USCIS officers that your marriage is a bona fide marriage, meaning that it is a legitimate marriage. The reason for this proceeding is to avoid granting green cards to applicants from fraudulent or fake marriages that took place only for the purpose of obtaining immigration benefits (marrying only to obtain a green card for example).

One thing that you need to consider when filing the I-751 form, is that it is meant to be a “joint filing” process, meaning that you and your spouse should file together. If you cannot file jointly with your U.S. Citizen spouse because you went through a divorce, there is still a chance for you to remove the conditions of your residency and obtain the 10 year green card if you apply for an I-751 waiver. The i751 waiver can also be a path if the U.S. citizen has died, if there’s evidence of an abusive marriage, or if putting the applicant into removal proceedings will cause extreme hardship on him/her. If one of these is your case, you will need to file an I-751 Waiver (see below).

What to Consider when Filing the Form I-751:

There are 3 major factors to consider when filing for the form i751 petition to remove conditions on residence:

  1. You must prove that the marriage is a bona fide marriage

  2. You must submit the application on time

  3. The I-751 form is meant to be filed jointly, but there are exceptions

You must prove that the marriage is a bona fide marriage: 

Remember that the whole purpose of the I-751 form is to prove the legitimacy of your marriage, so we cannot emphasize how important this step is. Considering that now you have been married for about 2 years, there should be enough evidence to prove your marriage is a good faith marriage (or bona fide marriage). The following checklist could help as guidance (although proving the good faith of a marriage does not restrict to only these):

  • Proof that you and your spouse are living together: Generally speaking, married couples tend to live together. If you and your spouse don’t live together, it can raise a red flag for the USCIS officers.
    To prove you two live together, some helpful documents to show can be: lease agreement, utility bills or driver’s licenses with the same address.

  • Proof of a marital relationship: In two years of marriage, you probably have tons of pictures of you two together and they are immensely helpful. Here you can show pictures of your wedding, of trips you have taken together, vacations you have had together or events that you attended together.

  • Proof of commingling of finances: helpful documents here are joint bank accounts and joint tax returns.

  • Proof of you and your spouse having children together: If you and your spouse had children together, you can show birth certificates of your children.

  • Affidavit from friends and family: Third parties can testify that your marriage is real. Here you can ask your friends, family, or even neighbors, to write an affidavit letter stating how and when they met you and your spouse, the relationship they have with you and how they have witnessed the existence of your marriage.

You must submit the application on time:

The form I-751 petition to remove conditions on green card must be filed within 90 days prior to your conditional green card expiration date. Failing to submit the I-751 form on time will result in you being out of status. This means that you are considered of unlawful presence and can be put into removal proceedings. If you are in this situation or if the deadline to submit your I-751 form is approaching, we strongly recommend contacting an experienced immigration lawyer that can help you file successfully.

You must file jointly, but there are exceptions:

As mentioned above, the form I-751 is meant to be filed by both you and your spouse together. But if you cannot file jointly with your U.S. Citizen spouse there is still a chance for you to remove the conditions of your residency and obtain the 10-year green card (IR1) if you apply for an I-751 waiver.
The I-751 waiver can be filed under 4 cases typically: 

  • Divorce

  • Death of the U.S. Citizen spouse

  • An abusive marriage, and

  • Extreme hardship for the conditional resident if deported.

Filing an I-751 Divorce Waiver

If you (the green card applicant) and the U.S. citizen divorce before two years of marriage, you can still file the Form i 751 Petition to Remove conditions on green card to continue to live in the U.S. The process will be a little more complicated though, since you will have to request for a waiver of the joint filing requirement. 

In the case of a divorce, your task is to gather enough documentation to show that the marriage was a good-faith marriage, or bona fide, and was not just an “easy” way to get a green card. This could include proof that you have children together, evidence of shared resources, a family home, shared insurance and estate documents, photographs together, gifts offered or correspondence between the applicant and the U.S. citizen, etc. Another task is to prepare evidence of the reason the marriage ended, to prove it was not your fault. For instance, the applicant can provide evidence of having attempted marriage counseling. Also, the longer the marriage lasts, the better to prove it was a bona fide marriage. 

Can you file the waiver before the divorce is final?:

If you must file the waiver before the divorce is final, you have 3 options:

  1. – You can file the Form I-751 with a waiver based on abuse or extreme hardship in the home country (more details about this option in section below).

  2. – You can file for divorce, and file the Form I-751 with evidence that the divorce proceedings have been initiated. USCIS will send a “Request for Evidence” within 90 days to ask for the final divorce decree. However, if the divorce is not finalized within that period of time, you may be placed into removal proceedings.

  3. – You can wait until the conditional Green Card expires and file for a waiver when placed into removal proceedings.

Because requesting a waiver based on divorce is a red flag for USCIS, an immigration lawyer can greatly increase your chances of success (especially when trying to prove the marriage started as a good faith marriage). 

Filing a Waiver After Death of Spouse

Under the unfortunate event of the U.S. citizen passing away, the applicant may still apply to remove the conditions on his/her green card. In order to do this, the applicant must file the waiver based on the death of the petitioning spouse. If this is your case, you would have to submit a copy of your spouse’s death certificate. On top of this, other evidence is still required, such as evidence of the marriage being a good faith marriage when started.

Filing a Waiver Due to An Abusive Marriage

If you were a victim of violence, were battered or subjected to extreme cruelty, you can waive the requirement of the joint filing of the Form I-751. In order to submit this waiver, you will have to submit evidence of the abuse. If you ever reported domestic violence events, if you ever made a record of injuries (medical reports for example), these can be used as evidence.
The USCIS understands that having concrete evidence of violence is not easy and that most cases of abuse and violence happen inside of the house without witnesses and are known only to the couple, so they have stated the following:

“NOTE: 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 is within the sole discretion of USCIS.”

Filing a Waiver Due to Extreme Hardship in Home Country If Put Into Removal Proceedings

If you are under conditional permanent residency status and need to remove the conditions of your green card but you are no longer together with your spouse, the I-751 with a waiver can help you get your permanent green card. The last category of waivers is the extreme hardship category.
It applies if you think that by not obtaining permanent residency and being put into removal proceedings (eventually deported) you will face extreme hardship or extenuating circumstances in your home country.
The term “extreme hardship” does not have an explicit definition and it is up to USCIS to determine if the circumstances of the case presented can be classified as “extreme hardship”.

What happens after you file the Form I-751 with a waiver?

After you file the Form I-751, USCIS will issue a receipt notice confirming they received your application within 1-2 months. This receipt is known as I-797c notice and it will aid you in proving your permanent resident status while your I-751 application is being processed, allowing you to continue to live and work in the United States.

USCIS may submit an RFE or request more evidence and schedule appointments with you. Indeed, most petitions to remove conditions that are filed with a waiver of the joint filing requirement are referred to a local office for an interview about the marriage and divorce. Getting help from an experienced immigration attorney will greatly help you prepare for this process and potentially avoid an RFE. 

Once the USCIS case status changes to approved, you will be receiving your permanent green card shortly via mail.