How Should I file for an I-751 Petition to Remove Conditions on Residence?
If you obtained your green card through marriage and have been married for less than two years when you received your green card, that green card will be temporary for two years
You must file an application for removal of conditions, Form I-751, during the 90-day period immediately before your conditional residence expires. This allows you to obtain your “permanent” green card which is valid for ten years.
However, if the petition to remove conditions is not filed, you will automatically lose your permanent status two years from the date on which you were granted conditional status and you will become removable from the United States.
As we discussed, the purpose of this filing is so that USCIS can verify that the marriage was bona fide from its inception. In other words, USCIS wants to make sure that the marriage was entered into in good faith and not for the sole purpose of obtaining the immigration benefit. Filing Form I-751 alone will not be sufficient to receive an approval of the removal of conditions. In fact, you are guaranteed to receive an RFE (Request for Evidence) if you do not include evidence of the bona fides of the marriage. RFE’s are issued frequently, even where evidence is submitted. An RFE can cause undue delays leading to the beneficiary’s conditional green card to expire while the petition is pending. Therefore, it is imperative that you file your case properly and with substantial evidence from the beginning.
What evidence should accompany your Form I-751?
- Birth certificates for any children born to the marriage;
- Lease agreements listing both spouses as leasees;
- Joint bank statements;
- Proof of jointly owned assets;
- Insurance policies listing the other spouse as beneficiary;
- Jointly filed taxes;
- Joint bills;
Is it possible to avoid the I-751 Interview?
This blog entry is not, nor is it intended to be, legal advice. This blog is for educational purposes only. Remember that each case is unique.
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