Form I-751
In this guide, we'll walk you through everything you need to know about Form I-751. We'll cover when to file Form I-751, what documents you'll need, where to file, and how to navigate the process smoothly. Whether you're filing jointly with your spouse or dealing with special circumstances, we've got you covered.
By:
Chelsea Spinos
Reviewer:
Simon Craven, Esq.
10 min read • Aug 01, 2024
Key takeaways
Form I-751 is used to remove conditions on a 2-year conditional green card obtained through marriage, upgrading it to a 10-year permanent green card.
You must file Form I-751 within the 90-day period before your conditional green card expires. Filing on time is crucial to maintaining your legal status in the U.S.
When filing, you’ll need to provide evidence that your marriage is real, such as joint financial records, photos, lease agreements, and affidavits from friends and family.
The typical processing time for Form I-751 ranges from 14 to 24 months, during which your conditional residency is extended, allowing you to work and travel.
Our team of immigration lawyers at Manifest Law can help you file Form I-751. We can ensure everything is filled out correctly and that you have all the necessary documents to avoid delays or rejections. Book a free consultation today to learn more.
Got a green card through marriage? If you tied the knot less than two years before becoming a permanent resident, you're probably holding a "conditional" green card. Unlike standard 10-year green cards, this one comes with an expiration date just 24 months down the road.
To transition to a permanent green card, you'll need to file Form I-751, also known as the “Petition to Remove Conditions on Residence,” before your conditional green card expires.
In this guide, we'll walk you through everything you need to know about Form I-751. We'll cover when to file Form I-751, what documents you'll need, where to file, and how to navigate the process smoothly. Whether you're filing jointly with your spouse or dealing with special circumstances, we've got you covered.
Form I-751, known as the “Petition to Remove Conditions on Residence,” is a crucial document for conditional residents who obtained their status through marriage to a U.S. citizen or green card holder.
Form I-751 is used to upgrade a 2-year conditional green card, often referred to as a CR-1 green card, to a full 10-year green card. The process involved is called the “removal of conditions” on the marriage-based green card, ensuring that the conditional green card doesn’t expire after two years.
Conditional green cards are issued to individuals who have been married for less than two years at the time they gain permanent residence through their marriage. To make your conditional green card permanent, you need to file Form I-751. This process helps U.S. Citizenship and Immigration Services (USCIS) confirm that your marriage is real and wasn’t just for getting a green card.
It's crucial to file Form I-751 on time and include plenty of proof that your marriage is genuine. Successfully filing this form removes the conditions on your green card, giving you a permanent 10-year green card and allowing you to live and work in the U.S. without worrying about your status expiring.
Step 1: Gather Your Information and Documents
Step 2: Complete Form I-751
Step 3: Submit Evidence of Good Faith Marriage
Step 4: Review and Submit Form I-751
Remember: USCIS may reject your petition if there are errors or missing information.
Book a free consultation with Manifest Law. Our team will ensure you meet the eligibility requirements and help you gather evidence needed.
Copies of Green Cards: Provide copies of the front and back of your current green card, as well as the green cards of any children listed on the I-751.
Proof of Marriage Validity: Submit documents that demonstrate your marriage was entered into in good faith. This may include:
Mortgage or lease agreements showing joint residency.
Evidence of shared financial assets, such as joint bank accounts or tax returns.
Birth certificates for any children born since your marriage.
Voided checks with the same address.
Family photographs and sworn affidavits from friends.
Evidence for Not Filing Jointly (if applicable): Provide documents explaining why you didn't file jointly, such as:
A death certificate if your spouse has passed away.
A final divorce decree if you are divorced.
Official records if you or your children experienced domestic abuse.
Explanation for Late Filing (if applicable): Include a statement explaining why your application is being submitted late.
Details of Criminal History (if applicable): Provide information on any criminal convictions or charges since you obtained your green card.
If Filing from Overseas Due to Military or Government Service:
Two passport-style photographs.
Completed Form FD-258 fingerprint cards.
A copy of your current military or government orders. Additionally, write “ACTIVE MILITARY” or “GOVERNMENT ORDERS” at the top of your I-751 form.
If you live in:
Connecticut
Florida
Georgia
Guam
Illinois
Indiana
Maine
Maryland
Massachusetts
Michigan
New Hampshire
New Jersey
New York
Ohio
Pennsylvania
Rhode Island
South Carolina
Vermont
Wisconsin
Alabama
Alaska
American Samoa
Arizona
Arkansas
Armed Forces Europe
Armed Forces Pacific
Armed Forces Americas
California
Colorado
Commonwealth of the Northern Mariana Islands
Delaware
District of Columbia
Hawaii
Idaho
Iowa
Kansas
Kentucky
Louisiana
Marshall Islands
Micronesia
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Mexico
No State
North Carolina
North Dakota
Oklahoma
Oregon
Palau
Puerto Rico
South Dakota
Tennessee
Texas
U.S. Virgin Islands
Utah
Virginia
Washington
West Virginia
Wyoming
File Form I-751 to:
USCIS Elgin Lockbox
U.S. Postal Service (USPS):
USCIS
Attn: I-751
P.O. Box 4072
Carol Stream, IL 60197-4072
FedEx, UPS, and DHL deliveries:
USCIS
Attn: I-751 (Box 4072)
2500 Westfield Drive
Elgin, IL 60124-7836
USCIS Phoenix Lockbox
U.S. Postal Service (USPS):
USCIS
Attn: I-751
P.O. Box 21200
Phoenix, AZ 85036-1200
FedEx, UPS, and DHL deliveries:
USCIS
Attn: I-751 (Box 21200)
2108 E. Elliot Rd.
Tempe, AZ 85284-1806
Manifest Law©️. Learn more on www.manifestlaw.com
Can Form I-751 be filed online?
Can I file I-751 outside the US?
Yes, you can file Form I-751 while you’re outside the United States, but there are a few important things to keep in mind. First, make sure you file within the 90-day window before your conditional green card expires. You'll need to send your completed Form I-751 and all the required documents to the appropriate USCIS lockbox address listed in the instructions, even if you’re not in the U.S.
When it comes to traveling, make sure you have the right paperwork to reenter the country. You'll need your conditional green card and the receipt notice (Form I-797) that you get after filing your I-751. This receipt extends your conditional resident status for one year. If you’re going to be out of the U.S. for a long time, remember that being away for more than six months could raise questions about your intention to keep your permanent resident status.
Can you travel while Form I-751 is pending?
Yes, you can travel while your Form I-751 is pending, but there are a few things to keep in mind to ensure a smooth reentry into the U.S.
First, make sure you have your receipt notice (Form I-797) with you. This notice, which you’ll receive after filing your I-751, extends your conditional resident status for 18 months past the expiration of your conditional green card. You’ll also need to bring your expired green card along with this receipt notice when you travel.
To avoid any issues, try not to stay outside the U.S. for more than six months at a time, as extended absences could raise questions about your intent to maintain your permanent residency. If you anticipate being away for a long period, consider applying for a reentry permit before you leave. This permit allows you to stay outside the U.S. for up to two years without risking your residency status.
Make sure to carry both your expired green card and receipt notice when traveling, and keep copies of other important documents, like your passport. If you have any concerns or special circumstances, speak with an immigration attorney from Manifest Law.
What happens after the I-751 is approved?
After your Form I-751 petition to remove conditions on your residence is approved, you will receive a 10-year green card, upgrading your status from a conditional to a lawful permanent resident.
This means you no longer need to worry about the conditional aspect of your residency. You can now look forward to applying for U.S. citizenship if eligible, usually after three years if you're married to a U.S. citizen, or five years otherwise.
Who is the petitioner in I-751?
The petitioner for Form I-751 is typically both you and your spouse, but in certain cases, like divorce, abuse, or death of your spouse, you can file a waiver on your own.
How many photos are needed for I-571?
You'll need to submit two recent passport-style photos of yourself (and your spouse if filing jointly), along with photos that show the genuine nature of your marriage.
How long does it take to receive a green card after I-751 approval?
After your Form I-751 is approved, it typically takes about a few weeks to a few months to receive your new green card in the mail. The exact timing can vary based on factors like processing times at USCIS and mail delivery times.
You should keep an eye on your mail and also check the status of your case on the USCIS website for any updates. If you haven't received your new green card within a reasonable time after approval, you might want to contact USCIS for assistance.
What if my Form I-751 is denied?
If your Form I-751 is denied, don't worry—there are still several paths you can take.
First, USCIS will send you a letter explaining why they denied your petition. Read this carefully to understand what went wrong.
Option 1: File an appeal with the Administrative Appeals Office (AAO)
To do this, you’ll need to submit Form I-290B, Notice of Appeal or Motion, within 30 days. This lets you provide new evidence or clarify any misunderstandings that may have occurred.
Option 2: File a motion to reopen or reconsider your case
A motion to reopen lets you present new facts that weren’t available before, while a motion to reconsider argues that USCIS made a legal or procedural mistake. You use the same Form I-290B for these motions.
If these options don’t work out and you end up in removal proceedings, you can make your case in front of an immigration judge. Here, you can provide more evidence and testimony to show your marriage is genuine.
Our team of immigration attorneys at Manifest Law can help you choose the best path forward and increase your chances of success.
