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I-751 Form



Remember that the whole purpose of the I-751 form is to prove the legitimacy of your marriage, so we cannot emphasize how important this step is. Considering that now you have been married for about 2 years, there should be enough evidence to prove your marriage is a good faith marriage (or bona fide marriage). The following checklist could help as guidance (although proving the good faith of a marriage does not restrict to only these):

  • Proof that you and your spouse are living together: Generally speaking, married couples tend to live together. If you and your spouse don’t live together, it can raise a red flag for the USCIS officers.
    To prove you two live together, some helpful documents to show can be: lease agreement, utility bills or driver’s licenses with the same address. 
  • Proof of a marital relationship: In two years of marriage, you probably have tons of pictures of you two together and they are immensely helpful. Here you can show pictures of your wedding, of trips you have taken together, vacations you have had together or events that you attended together.
  • Proof of commingling of finances: helpful documents here are joint bank accounts and joint tax returns.
  • Proof of you and your spouse having children together: If you and your spouse had children together, you can show birth certificates of your children.
  • Affidavit from friends and family: Third parties can testify that your marriage is real. Here you can ask your friends, family, or even neighbors, to write an affidavit letter stating how and when they met you and your spouse, the relationship they have with you and how they have witnessed the existence of your marriage.

The form I-751 petition to remove conditions on green card must be filed within 90 days prior to your conditional green card expiration date. Failing to submit the I-751 form on time will result in you being out of status. This means that you are considered of unlawful presence and can be put into removal proceedings. If you are in this situation or if the deadline to submit your I-751 form is approaching, we strongly recommend contacting an experienced immigration lawyer that can help you file successfully. At the Immigration Law Office of Los Angeles we can help you with filing the I-751 form as we have helped many other conditional permanent resident clients in the past. Give us a call at (800) 792-9889.

As mentioned before, the form I-751 is meant to be filed by both you and your spouse together. But if you cannot file jointly with your U.S. Citizen spouse there is still a chance for you to remove the conditions of your residency and obtain the 10-year green card (IR1) if you apply for an I-751 waiver.
The I-751 waiver can be filed under 4 cases typically: 

  • Divorce
  • Death of the U.S. Citizen spouse
  • An abusive marriage, and
  • Extreme hardship for the conditional resident if deported.

The timeline and USCIS processing time for the form I-751 depend, among other factors, on whether the application was filed jointly, or with a waiver.

As for now, for jointly filed petitions, the processing time for petition to remove conditions on residence (I-751) at California Service Center is between 15 to 19 months.

One of the common misconceptions green card holders and lawful permanent residents have is to mistake the removal of green card conditions with the green card renewal process. 

The removal of green card conditions process, as explained throughout this article, is the process of transitioning from a conditional resident type of green card, to a permanent green card. This process is typically done within 90 days prior to the conditional green card expiration date (2 years after approval). 

The green card renewal on the other hand, is a different process. It is meant for permanent residents who already have a permanent green card (10-year green card) and need to renew it or replace it. This might be necessary if the 10-year period is about to end, or if the permanent resident got his/her green card stolen for example, or simply lost it. 

Whether you need to remove the conditions of your green card or renew it, here at the Immigration Law Office of Los Angeles we can help you. With 80 years of combined experience and over 35,000 cases approved, we can provide you with the best assistance and guidance. We will work 7 days a week on your application and will constantly update you about your immigration process. Go ahead and give us a call at (800) 792-9889 for a consultation.

USCIS filing fees for the I-751 form are $595.
Additional to this, there is an $85 fee for the biometrics appointment.

The direct filing address for the Form I-751, Petition to Remove Conditions on Residence is:

  • For U.S. Postal Service (USPS):USCIS
    P.O. Box 21200
    Phoenix, AZ 85036
  • For FedEx, UPS, and DHL deliveries:USCIS
    Attn: I-751
    1820 E. Skyharbor Circle S
    Suite 100
    Phoenix, AZ 85034

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