USCIS Form I-751: Everything You Need to Know

If you got your green card through marriage to a US citizen or permanent resident, you most likely received conditional permanent resident status. In order to remove the conditions on your permanent residency, you must file USCIS Form I-751, Petition to Remove Conditions on Residence, within 90 days of your green card's expiration date. This guide will walk you through the entire Form I-751 filing process, including eligibility requirements, documentation requirements, processing times, and more.

Understanding Form I-751

What is the I-751 form?

The Petition to Remove Conditions on Residence is filed using USCIS Form I-751. It is used by CPRs who obtained their green cards through marriage to a US citizen or permanent resident and want their residency conditions lifted. This form is used to request that the conditions be removed in order for the CPR to become a permanent resident without conditions. The CPR must file the I-751 within 90 days of their conditional green card expiration. The form's purpose is to update USCIS on the CPR's status and to ensure that the CPR meets the requirements for permanent residency.

Who is eligible to file USCIS Form I-751?

CPRs who obtained their green cards through marriage to a US citizen or permanent resident may apply to the USCIS using Form I-751. Conditional permanent residency is granted to CPRs for two years before filing Form I-751 to have the conditions removed. The CPR must have a physical presence in the United States. In order to file, you must also have a legitimate marriage with the petitioner and no criminal record for serious crimes that would disqualify them from permanent residency. If the CPR cannot prove that their spouse is deceased, that the marriage was entered into in good faith but ended in divorce or annulment, or that filing jointly with their spouse would cause extreme hardship, the CPR must file jointly with their spouse.

Dependent children who acquired conditional resident status on the same day or within 90 days of the petitioner must be included in Part 5 of Form I-751 to request the removal of their conditions on residency. This inclusion streamlines the process by allowing the conditions on the status of both the petitioner and their dependents to be addressed simultaneously. However, if the dependent children did not acquire conditional resident status within the same period, or if the conditional resident parent is deceased, these children must file Form I-751 separately. This separate filing ensures that their individual circumstances are appropriately considered, allowing USCIS to evaluate each case on its own merits and provide the necessary documentation and evidence for the removal of conditions on their residency.

Who is the petitioner in i-751?

The petitioner in an I-751 petition is the conditional permanent resident seeking to remove the conditions on their residence.

A conditional permanent resident is a foreign national who obtained permanent resident status through marriage to a US citizen or permanent resident. The spouse who files Form I-751, Petition to Remove Conditions on Residence, in order to have the conditions on their permanent resident status removed is known as the petitioner.

The I-751 petition can be filed jointly if the couple is still married and living together. The conditional permanent resident can file the I-751 petition on their own if they are divorced or separated, as long as they provide evidence that the marriage was entered into in good faith.

It should be kept in mind that the petitioner is responsible for submitting to USCIS a complete and accurate I-751 petition with all required supporting documentation. Failure to provide sufficient evidence may result in the petition being denied and possible deportation.

What is the biometric services appointment for the I-751 form?

The I-751 Form collects biometric information in order to verify the applicant's identity and conduct background checks. Typically, this appointment is scheduled after the USCIS receives the I-751 Form and the filing fee.

During the appointment process, the applicant will be asked to provide their fingerprints and other biometric information. The USCIS will then use this information to conduct a background check and verify the applicant's identity. Attendance at this appointment is very important, as failure to do so may result in application delays or even denial. To the appointment, applicants must bring a valid government-issued photo identification, such as a passport or driver's license.

Documents Required for Form I-751

What Documents Are Needed For I 751?

The documentation required varies depending on the type of form. The following documentation is typically required when submitting USCIS Form I-751:

• The conditional permanent resident and their spouse must complete and sign Form I-751 (if filing jointly).

• Evidence which is for a genuine marriage includes joint bank accounts, leases, utility bills, and photographs.

• Affidavits from friends and family members who know about the marriage can be examples of evidence that it was entered into in good faith.

• As proof of current status, a copy of the conditional permanent resident's current green card and other immigration documents.

Any other documentation that USCIS requires or requests in the Form I-751 instructions.

To avoid any failure, it is highly recommended to carefully read the instructions for Form I-751 and provide all required documentation. Otherwise, it may result in application delays or denial. In addition to that, USCIS may request additional evidence or documentation during the application's processing. To get deeper information, you can seek advice from an experienced immigration attorney.

For I-751 how many photos are required?

There is no certain number of photos required for an I-751 petition in order to lift residency restrictions. The USCIS requires evidence that the marriage was entered into in good faith and not to avoid immigration laws. Photos can help to document the couple's life together as well as provide proof of a genuine marriage.

The number of photos required depends on the facts of each case. It is more important to submit photos that show the authenticity of your relationship than the number of photos. You should include photos of you and your spouse together at various times and locations, with family and friends, and participating in activities that are important to both of you.

How to translate the required documents for I-751 Form?

You may need to translate the required documents for the application into English during the application process. In this case, you can take the following steps:

1- Get in contact with a professional translation provider: It is important to get accurate certified translation in the process of the application. Owing to that, in order to ensure accuracy, legal compliance, and timeliness in the US immigration process, you need a professional translation provider, which is very crucial for the required documents. You can find professional translators through online translation providers or online directories.

2- Obtain a certified translation: Your translated documents should be certified. Please, make sure that the documents have been certified by the translator. That is, the translator has attested to the translation's accuracy. While submitting your immigration application, you should include both the original version and the translated version.

It's important to note that USCIS requires certified translations of all foreign language documents submitted with your application. A certified translation is a translation that includes a statement signed by the translator attesting to their qualifications and the accuracy of the translation. If you want, you can check out our article which is about certified translation for USCIS.

Filing and Process of Form I-751

When to file i-751?

Conditional permanent residents (CPRs) must generally file Form I-751, Petition to Remove Conditions on Residence, within the 90-day period immediately before their conditional residency expires. This timeframe is crucial for those who gained their green card through marriage to a U.S. citizen or permanent resident when the marriage was less than two years old at the time of their admission as a lawful permanent resident.

However, there are exceptions to this filing window. If you are filing Form I-751 with a waiver due to the death of your spouse, divorce, or abuse, you can file at any time after you were granted conditional status, but before you are removed from the United States. This means that if your marriage ends due to divorce or your spouse passes away, or if you have been a victim of abuse, you do not need to wait until the 90-day period before your conditional green card expires. It's essential to file before your current status expires to avoid losing your lawful status and facing potential removal, but under these circumstances, the exact timing can vary based on your situation.

Filing within the designated time ensures that your petition is processed in a timely manner, maintaining your eligibility for permanent residency without conditions. Always ensure to address and file according to these conditions to avoid unnecessary complications.

If you are filing Form I-751 late due to extraordinary circumstances beyond your control, it is essential to provide a detailed written explanation along with your petition to USCIS. These circumstances might include serious illness, natural disasters, or other significant events that prevented timely filing. When submitting your late petition, clearly document the reasons for the delay and demonstrate that the length of the delay was reasonable under the circumstances. USCIS may excuse the late filing if you can convincingly show that the delay was due to factors beyond your control and that you acted as promptly as possible given the situation. Providing comprehensive evidence and a well-documented explanation increases the likelihood that USCIS will accept your late petition and proceed with the removal of conditions on your residency.

Can I file I-751 online?

No, you cannot currently file Form I-751, Petition to Remove Conditions on Residence, online. If you need to file Form I-751, you must download and complete the paper form from the official USCIS website. After filling out the form, you should assemble the required documentation and mail the complete package to the appropriate USCIS address listed for Form I-751 filings.

You can find the correct mailing addresses for Form I-751 on the USCIS website at this link: USCIS I-751 Direct Filing Addresses. Ensure you send your documents to the correct address based on the instructions provided to avoid delays in processing your petition.

Where to send the form i-751?

Form I-751 has to be mailed to the address which is specified in the instructions to US Citizenship and Immigration Services (USCIS).

Your mailing address may change, which depends on where you live and whether you use the US Postal Service (USPS) or a courier service like FedEx or UPS. You should read the instructions carefully in order to find the correct mailing address and any other requirements for submitting the form, such as a filing fee or additional supporting documents.

Also, you can visit the USCIS website to find out where to send your I-751 petition based on your state and the type of delivery service you use.

How much does it cost to file USCIS Form I-751?

The filing fee for USCIS Form I-751 is $750. This does not include the cost of biometric services. Aside from the filing fee, applicants may be required to pay additional fees for copies of marriage certificates, bank statements, or lease agreements. Because USCIS fees are subject to change, it is critical to consult an immigration attorney or visit the USCIS website for the most up-to-date fee information. An applicant may, however, be required to pay additional fees.

Different fees may be required depending on the circumstances, which may include:

Biometric Services Fee: As part of the I-751 application process, applicants are required to provide biometric data, such as fingerprints and photographs. While the primary filing fee for Form I-751 is $750, it is important to note that this fee does not include the biometric services fee. Each conditional resident and any dependent included in the main petitioner's Form I-751 are required to pay an additional biometric services fee. However, spouses who are U.S. citizens or lawful permanent residents and are not conditional residents themselves are not required to pay the biometric services fee when the petition is submitted. This distinction is important to ensure all applicable fees are correctly paid and to avoid processing delays.

Premium Processing Fee: Applicants who want the faster I-751 application process can pay a premium processing fee. With this fee, the application can be processed in 15 calendar days.

Attorney Fees: Applicants may hire an immigration attorney to assist them in completing their I-751 application. Attorney fees can change according to the complexity of the case and the level of assistance required.

It is important to note that USCIS fees are subject to change, so for the most up-to-date fee information, check the USCIS website or consult with an immigration attorney. Furthermore, if an applicant can demonstrate financial hardship, USCIS may waive or reduce the filing fee.

How to check i-751 status online?

In order to check the status of your I-751 application online, you can follow these steps:

• Visit the Case Status page.

• In the space provided, enter your 13-character case receipt number. This number can be found on your receipt notice or other USCIS correspondence.

• In order to view the status of your I-751 application, click the "Check Status" button.

• In order to receive email or text message updates on the status of your I-751 application, also, you can create a USCIS online account.

• If you have any problems in the process of your application or have questions about your case status, call the USCIS National Customer Service Center at 1-800-375-5283.

Waiting Period and Possible Delays

How long does it take to process USCIS Form I-751?

Processing time for USCIS Form I-751 varies depending on individual circumstances and USCIS workload. The USCIS estimates that I-751 applications will take 12-18 months to process. However, because of some factors, it may take longer than expected.

Why is I 751 taking so long?

There is more than one reason why an I-751 petition may take longer to process than expected. Here, we discuss the several reasons why an I-751 petition may take longer:

High volume of applications: Several people applied to USCIS. Because of that, the USCIS receives a large number of I-751 petitions, which may bring about being delayed in the process.

Background checks: All applicants must go through background checks, which can take some time.

Request for Evidence (RFE): If the application requires additional information or documentation, USCIS may issue a Request for Evidence (RFE). The issuance of an RFE can significantly extend the overall timeline.

Backlogs in adjudication: USCIS has experienced significant adjudication backlogs in recent years, which may be one of the reasons why processing delays.

When submitting Form I-751, it is crucial to provide comprehensive financial records to demonstrate the authenticity of your marriage. These records should include joint bank account statements, mortgage or lease agreements, and insurance policies listing both spouses. Military families must include Leave and Earnings Statements and Form DD-1172 for military family member identification cards, showcasing the financial support and benefits provided to the family. Additionally, affidavits from individuals familiar with the marriage are required, each affidavit must include the affiant's full name, address, date and place of birth, relationship to the petitioner or spouse, and detailed personal knowledge of the marital relationship. In cases of divorce, the final divorce decree must be submitted, while a death certificate is necessary if the spouse has passed away. For situations involving abuse, documentation such as police reports, court orders, medical records, and affidavits from social workers or other relevant professionals must be provided to substantiate the claims and support the petition.

If you filed an I-751 petition and you think that it is taking longer than expected to process, you can check the USCIS website for current processing times and contact USCIS to inquire about the status of your application.

Outcome of Form I-751 Application

What happens after I-751 is approved?

If your I-751 petition to remove residency conditions is approved, you will be given a new 10-year permanent resident card (also known as a green card). The card will be sent to the address listed on your petition.

You can use your new green card as proof of your lawful permanent resident status in the United States when you receive it. If you meet the eligibility requirements, you may also be able to apply for US citizenship.

In order to maintain your permanent resident status, keep your green card up to date and renew it before it expires. You should also notify USCIS if your address or other vital information, such as your name or marital status, changes.

Overall, the approval of your I-751 petition means that you have successfully removed the conditions on your residence and can now live and work in the United States as a permanent resident.

What should I do if my USCIS Form I-751 application is denied?

If your USCIS Form I-751 application is denied, you may be able to appeal the decision or request that it be reopened or reconsidered. It is critical that you carefully read the denial notice in order to understand the reason for the denial and your options.

If you think that the decision wasn’t correct or that there were any errors in the application's processing, you can file an appeal or a motion to reopen or reconsider with USCIS. USCIS might request that you provide additional evidence or information in order to support your case, as well as appear in an interview with a USCIS officer.

An immigration judge may review your case, when your appeal or motion is also denied. In some cases, you may be able to file a new Form I-751 application. When your Form I-751 application is denied, you should consult with an experienced immigration attorney to determine the best course of action based on your unique circumstances.

FAQs On I-751

Can I apply for citizenship while i-751 is pending?

Actually, there is no legal impediment to an individual applying for citizenship while filing their I-751 with USCIS. On the other hand, filing for citizenship while the I-751 is still pending is generally discouraged because it may complicate or delay the processing of both applications.

If you apply for citizenship while the I-751 is still pending, the USCIS will almost certainly hold it until the I-751 is resolved. If your I-751 application is denied, it may have an effect on your citizenship application, and you might have to start over again.

As a consequence, generally, it is advised to wait until your I-751 has been approved before applying for citizenship, which will help to ensure that both applications run more smoothly and quickly.

Can I travel while I-751 is pending?

While your USCIS Form I-751 application is being processed, you might travel outside the United States. However, you must have all necessary travel documents, including a valid passport and, if necessary, a visa. You should also bring proof that you have a Form I-751 application in the works, such as a copy of your receipt notice or the original notice.

It is also important to notify USCIS in the situation that your address or contact information changes, as they may need to contact you for additional information or to schedule an interview in connection with your Form I-751 application.

I-751 denied can I still work?

In this situation, when your I-751 is denied, you may lose your conditional permanent resident status and you will no longer be able to work in the United States.

However, if your I-751 petition was filed on time and is still pending, you may be able to work for an additional 180 days after your conditional resident status expires while your case is being reviewed.

If your I-751 application is denied, you may be able to file an appeal or request that the decision be reopened or reconsidered. While your case is being reviewed, you may apply for an employment authorization document (EAD). Nevertheless, the issuance of an EAD is not guaranteed, and you should consult with an immigration attorney about your specific situation.

Does I-751 require an interview?

U.S. Citizenship and Immigration Services (USCIS) typically schedules an in-person interview for each person requesting the removal of constraints on their residency using Form I-751 in accordance with U.S. immigration regulations.

Can I Apply For N400 While I 751 Is Pending?

Yes, you can apply for naturalization (Form N-400) while your Form I-751, petition to remove residency conditions, is still pending. However, you must ensure that you meet all of the eligibility criteria for naturalization, including residency requirements, good moral character, and other USCIS-specified qualifications.

Keep in mind:

Eligibility: You must meet all of the eligibility criteria for naturalization, regardless of the status of your I-751 application.

Continuous Residence and Physical Presence: You must meet your residency requirements for naturalization, which usually entails maintaining continuous residence in the United States and meeting physical presence requirements.

Notification of Change: If your circumstances (address, marital status, etc.) change while your applications are pending, you must notify USCIS immediately.

Interviews: You may be required to attend separate interviews for your I-751 and N-400 applications, which may take place at different times.

Consider consulting with an immigration attorney or an accredited representative before proceeding to ensure that pursuing naturalization while the I-751 is pending will not jeopardize your case or raise any concerns with USCIS.

Can I File I-751 By Myself?

You can file Form I-751, Petition to Remove Conditions on Residence, without the assistance of an attorney. The I-751 form is used to remove the conditions on a conditional green card obtained through marriage to a United States citizen or permanent resident.

Filing the I-751 usually entails providing evidence that your marriage is legitimate and was not entered into to circumvent immigration laws. Joint financial documents, proof of shared residence, affidavits from family and friends, photographs, and any other documentation demonstrating a genuine marriage may be used as evidence.

Follow the instructions provided by USCIS for the I-751 application carefully, submit all required evidence, and meet the filing deadlines. It's critical to include all relevant documents and information to back up your claim.

While you can file the I-751 on your own, if your case involves any uncertainties or complexities, it may be beneficial to seek advice from an immigration attorney or a reputable immigration consultant to ensure that your application is properly prepared and submitted.

Sum up, filing USCIS Form I-751 can be a complicated and time-consuming process, but it is a necessary step toward removing the conditions on your permanent residency. By following the instructions in this guide, you can ensure that your Form I-751 application is submitted correctly and on time, increasing your chances of success. Remember that it is always best to seek the advice of an experienced immigration attorney for advice on your specific case.

“We collected and distilled information on immigration for our site visitors from USCIS and other sources as a basic guide. MotaWord is a translation platform providing certified translations for immigration applicants and not a law firm. The information provided should not be construed as legal advice and might not be current. For current information please refer to the USCIS website or speak to your licensed immigration attorney.”