[Marriage-based Green Card] Conditional Permanent Residence

Have you recently tied the knot? Congratulations on your marriage! However, it’s essential to ensure that your joy doesn’t overshadow the importance of the remaining tasks you have on your to-do list. While Form I-751, the Petition to Remove Conditions on Residence, may not receive as much emphasis as other forms for obtaining permanent residence, it plays a crucial role in securing a complete green card and potentially opens the path to U.S. citizenship. In this article, we’ll help you determine if your situation aligns with the eligibility criteria.

Who Should File Form I-751? If you’re a conditional green card holder, you must file Form I-751 before your green card expires. A conditional green card is typically issued to two categories of individuals: 1) foreigners married to a U.S. citizen or a permanent resident for less than 2 years and 2) entrepreneurs (investors). For the purposes of Form I-751, we’ll focus solely on the first category — those with marriage-based conditional green cards. However, it’s worth noting that certain legitimate circumstances, such as divorce or the death of a spouse, also allow individuals to file Form I-751. If you’re interested in learning more about marriage-based green cards in general, please refer to this article.

When Should You File Form I-751? Generally, a rule known as the “90-day rule” applies to married couples filing jointly. In other words, you should submit Form I-751 during the 90-day period before your conditional residence status expires. It’s crucial to avoid filing too early, as USCIS will reject your application if it’s submitted more than 90 days before the end of your conditional residence.

However, the 90-day rule doesn’t apply when you’re filing Form I-751 without your spouse under certain circumstances, such as their passing away, divorce, or if you or your conditional resident child have experienced abuse or extreme cruelty. USCIS provides a helpful tool to calculate your filing date, which can be accessed [here](insert URL).

What Documents You Need to Submit USCIS offers instructions and a list of supporting documents for your reference, but it may not cover all scenarios, leaving you feeling uncertain about what to include. In summary:

For Both Joint and Individual Filers:

• A copy of your permanent resident card or alien registration card, including both the front and back sides.

For Joint Filers, Include the Following:

• Evidence of your relationship with your spouse, which may include but is not limited to:
• Joint tax returns with W-2s and 1099s since your marriage
• Joint bank statements from the date of your marriage to the present
• Joint credit card statements from the date of your marriage to the present, along with the beneficiary’s transaction history
• Documents related to joint automobile purchases, leases, financing, and/or registration
• Confirmation of joint insurance policies (life, health, renter’s, automobile, etc.)
• Joint property deeds, purchase agreements, and/or mortgage documents (if you own property)
• A list of memorable events since your marriage
• Greeting cards exchanged between friends and/or yourselves
• Affidavits from one family member and one friend as witnesses
• Birth certificates of your children, if applicable

For Individual Filers, Your Required Documents Will Vary Based on Your Situation:

• In the case of a terminated marriage, include a copy of the final divorce decree or other documents ending the marriage, along with evidence of the qualifying relationship.
• If you or your conditional resident child were subjected to abuse, provide evidence of the abuse, such as police reports, official records, medical documentation, school records, clergy statements, social worker reports, and other records.
• Include any legal documents related to orders of protection against the abuser or any legal steps you’ve taken to end the abuse.
• For situations where “extreme hardship” would result from your removal, present evidence demonstrating that your hardship is significantly greater than that faced by other foreign nationals who are removed after extended stays in the country.
• If a child is filing separately from their parent, provide a comprehensive explanation as to why you are filing separately, along with supporting documentation.

Refer to this article for additional insights into proving the legitimacy of your marriage.

Remember that if you fail to file Form I-751 within the specified timeframe, your 2-year green card will no longer be valid, and you may be subjected to the removal process, potentially leading to your departure from the U.S.

Ensure that your application window is still open, and don’t hesitate to use the Lawfully case tracker app to monitor your I-751 application in real time!

Download the best USCIS & NVC tracker!