Removing conditions on residence with Form I-751

The 90-day filing window

A joint petition may be filed during the 90 days immediately before the second anniversary of the date you became a conditional resident. That date is shown on your green card as the expiration date. A joint petition filed earlier than the 90-day window is generally returned, so count carefully.

Once USCIS accepts a properly filed petition, it issues a receipt notice that extends your conditional resident status for the period stated on the notice. Keep the receipt notice with your expired green card. Together they serve as evidence of status for work, travel and identification. Check the current USCIS I-751 page for the length of the extension, because USCIS has changed it more than once.

Evidence that shows a shared life

The question at this stage is whether the marriage was genuine when you entered into it. Evidence from the two years since you received residence is the most useful, because it shows how you have actually lived. Officers may decide the case on paper or schedule an interview.

Children who received conditional residence at the same time as you, or within 90 days after, can usually be included on your petition. Children who obtained status later may need to file separately.

• Leases or deeds listing both spouses at the same address
• Joint bank, credit card and utility statements
• Joint tax returns or tax transcripts
• Health, auto or life insurance naming the other spouse
• Birth certificates of children born to the marriage
• Sworn statements from people who know you as a couple

Waivers when you cannot file jointly

You may file on your own and ask USCIS to waive the joint filing requirement. Waiver requests are not limited to the 90-day window and can be filed at any time after you become a conditional resident and before you are removed. The recognized grounds are listed in the statute and on the form instructions.

A waiver based on divorce generally requires that the divorce or annulment be final. If divorce proceedings are still pending, ask an attorney how USCIS is likely to treat your petition and what you should file.

• You entered the marriage in good faith, but it ended in divorce or annulment.
• You entered the marriage in good faith, but you or your child were battered or subjected to extreme cruelty by your spouse.
• Your spouse died, and you entered the marriage in good faith.
• Removal from the United States would result in extreme hardship.

If you miss the deadline

If no petition is filed, conditional residence terminates automatically at the end of the two years and USCIS may issue a Notice to Appear in immigration court. A late joint petition can still be accepted if you include a written explanation showing good cause and extenuating circumstances for the delay. Do not wait to see what happens. The sooner you file with an explanation, the stronger your position usually is.