Form I-751, Petition to Remove Conditions on Residence

Our Los Angeles Attorneys Can Help You Keep Your Family Together

Did you obtain a green card through marriage? If you entered the U.S. on a K-1 fiancé visa or were married for less than two years before adjusting your status, you were likely granted conditional permanent residence, meaning your green card is only valid for 2 years. The conditional status essentially allows USCIS to examine your marriage a second time before granting permanent residence. USCIS created this policy because they believe many marriage-based green cards are based on fraudulent marriages.

Fortunately, you have all the same rights as a permanent resident during this period. Once the two years of conditional residence pass, however, you must apply to remove the conditions on your status. To do so, you will use Form I-751, Petition to Remove Conditions on Residence. At the Law Offices of Michael M. Felix, we have helped countless families accomplish their marriage-based immigration goals, navigating them through a series of hurdles designed to detect and deter fraud.

With family-based immigration, the stakes are high. Let us help you keep your family together. Contact us online for assistance with Form I-751 in Los Angeles.

How to File Form I-751

If you are still married, you will file this form jointly with your spouse. You must do so during the 90-day period before your conditional green card expires. If you fail to do this, you will lose your status, running the risk of deportation.

You can waive the requirement to file jointly, however, if:

Your spouse passed away;
Your marriage was terminated or annulled (but you entered the marriage in good faith);
Your spouse subjected you to battery or extreme cruelty;
Your conditional resident parent or their spouse subjected you to battery or extreme cruelty; or
Deportation would result in extreme hardship.

If you file independently, you can file at any time after receiving your conditional green card and once one of the above conditions has occurred.

Along with Form I-751, you will need to submit:

A $595 filing fee (on top of the $85 for biometric services)
A copy of your conditional green card
Evidence of your bona fide marriage (including birth certificates, if applicable, of children born in the last two years, affidavits sworn by at least two people who have known your relationship since you obtained your green card, and contracts/leases showing joint ownership of real estate, assets, insurance policies, etc.)
Your spouse’s death certificate (if you are filing independently because of your spouse’s passing)
Final divorce decree (if you are filing independently because your marriage has been terminated)
Evidence of abuse (if you are filing independently because of this abuse)
Evidence of criminal history, if applicable

Call Today for the Support Your Family Needs

In general, USCIS is highly vigilant in cases involving marriage-based immigration. You will need a team with years of experience helping clients overcome all obstacles in the immigration process. We can help you submit applications and evidence that portray your relationship in the best possible lighting, allowing you to remove the conditions on your permanent residence and stay safe from the threat of deportation.

To get started, fill out our online contact form today.