Skip to main content

Immigration Form I-751: An Introduction on How to Remove Conditions on Residence

The USCIS Form I-751, Petition to Remove Conditions on Residence, enables “conditional” US residents that obtained their “status” (or lawful right to be in the US) by marrying a US citizen or green card holder to request that the conditions on their residence be removed. Once these conditions are removed, the foreign national becomes a lawful permanent resident. Essentially, the I-751 allows a foreign national who lawfully came to the US through marriage, and received a conditional two-year green card, to permanently remain in the US by proving their marriage was real. A denial of the 751 can render an immigrant deportable.

Like most immigration forms, the I-751 should be completed correctly, submitted on-time, and include sufficient evidence to prove that the marriage on which the conditional permanent resident status was obtained was “bona fide” – meaning it was true, genuine and entered into with affection and a good faith desire to build a family. The technical filing, its timing and what is required to support its approval are the three key elements involved.

First, the I-751 is typically a “joint petition” – meaning that both spouses (the US citizen and the foreign national) file it together. In some instances, however, a joint filing many not be possible. This frequently happens where a divorce or domestic abuse is involved. In such circumstances, conditional residents may request that the joint filing requirement be waived.

Second, the I-751 must be filed within a specific period of time. That time begins 90 days before the expiration of the conditional resident’s two-year green card and ends with the green card’s expiration. For example, if a foreign national’s two-year conditional residence expires on December 31, the period of time in which the I-751 must be filed starts on October 2 and ends on December 31. If the I-751 petition is not filed by the day the two-year period expires, the conditional resident becomes deportable. Therefore, filing the petition within the 90-day period before status expires is important. For those seeking a waiver, there is more flexibility. To make sure you are filing in the correct window, consult the USCIS 751 filing calculator:

https://www.uscis.gov/forms/filing-calculator-for-form-i-751-filing-jointly-with-your-spouse

Third, the purpose of the I-751 petition is to verify that the marriage is real. Therefore, submitting strong evidence that shows that the marriage is genuine is critical. This evidence can take many forms, including wedding and family photographs, joint bank statements, joint leases or mortgages, joint insurance policies, joint credit card accounts and letters from friends and family. In most cases, the couple are required to appear for in person interviews to answer questions. These are all done to test the credibility of the marriage.

The whole process can take between one or two years, sometimes longer depending on the individual case and processing center involved. Once the government approves the Form I-751, the conditional resident becomes a lawful permanent resident (LPR) and receives a ten-year green card. Given the length of time involved in processing an I-751 application, some applicants who want to become US citizens, can file an N-400 while the 751 is still pending. That way, both the I-751 and the N-400 can be approved based on a single interview.

submitted by /u/JoeGentileESQ
[link] [comments]

source https://www.reddit.com/r/immigration/comments/qlwbcu/immigration_form_i751_an_introduction_on_how_to/

Popular posts from this blog

NVC Case FE Review note

Hi everyone, my family and I are under the F3 category and we just received a notice from NVC that our documents have been approved and that we are Documentarily Qualified. My only concern is this message that we received today in addition to the acceptance: ​ " [Name of petitioner] does not meet the minimum income requirement to sponsor the intending immigrants for this case. The consular officer will make a decision regarding this requirement at the time of the interview. For more information, please visit https://www.uscis.gov/i-864p . To avoid delays, an additional Affidavit of Support Form I-864 for a joint sponsor may be submitted." ​ We already have a petitioner and a household sponsor (the household sponsor's income is above the required level), but still unsure why we received this. Has anyone else received this message? All of our documents say "Approved" on NVC. Does this mean we have to find another sponsor? Can we show the consular officer our

What is the DS-160 form and how do I fill it out?

The DS-160 form is a vital document that every individual applying for a United States nonimmigrant visa must complete. Whether you're planning to visit the U.S. for tourism, business, or any other purpose, this form is a crucial step in the visa application process. Here, we will guide you on how to fill out the DS-160 form effectively to ensure a smooth visa application journey. Firstly, it's important to note that the DS-160 form is an online application, so you'll need a stable internet connection to access and fill it out. Begin by visiting the U.S. Department of State's official website and locating the DS-160 form. Once there, carefully read through the instructions and gather all the necessary information and documents before starting the form. As you navigate through the DS-160 form, you'll encounter multiple sections covering personal information, travel plans, family details, work history, and security-related questions. It is crucial to be honest and

Tips for Increasing Your Chances in the Green Card Lottery

Are you dreaming of relocating to the land of opportunities? The Green Card Lottery DV (Diversity Visa) could be your ticket to making that dream a reality. Each year, thousands of individuals from eligible countries participate in this lottery, hoping to secure permanent residency in the United States. While the lottery is a game of chance, there are a few tips that can boost your chances of success. In this article, we will explore some effective strategies to increase your likelihood of winning the Green Card Lottery DV. 1. Submitting Early: Don't wait until the last minute to submit your application. The Green Card Lottery DV has a limited number of slots available, and once they are filled, no more applications will be accepted. By submitting your application early, you ensure that you have a higher chance of being considered. 2. Review the Eligibility Criteria: Before applying, carefully review the eligibility requirements for the Green Card Lottery DV. Ensure that you