The Complete Guide to USCIS Form I-751

What is Form I-751?

Form I-751, also known as the Petition to Remove Conditions on Residence, is a form used by conditional permanent residents (CPRs) who got their status through marriage. When someone gets a green card through marriage and the marriage is less than two years old at the time they become a resident, they are given "conditional" resident status for two years. This form is used to apply for the removal of these conditions on their permanent resident status. 
 

Who is the Petitioner in I-751?

The "petitioner" is the conditional permanent resident applying to remove the conditions on their residence. The petitioner is the person who got their green card through marriage to a U.S. citizen or lawful permanent resident, and their green card was issued with a two-year conditional period because the marriage was less than two years old at the time of getting the green card. 

If this is you, the I-751 form can be filled out together by you and your spouse if you are still married and living together. If you are divorced or separated, you can fill out the form alone, but you need to show proof that the marriage was genuine and not just for getting a green card.

It's important to remember that you must send a complete and correct I-751 form to USCIS with all the needed documents. If you don't provide enough proof, your form might be denied, and you could face deportation.
 

Who is Eligible to File USCIS Form I-751?

As earlier mentioned, this form is for conditional permanent residents to convert their two-year conditional status into a full ten-year permanent residency by demonstrating the legitimacy of their marriage and compliance with U.S. immigration laws. You can file for USCIS Form I-751 if:

1. You are a permanent resident and got your green card through marriage to a U.S. citizen or permanent resident when the marriage was less than two years old when you received your conditional status.
    
2. You are physically present in the United States.
    
3. You have evidence of a legitimate marriage between you and a U.S. citizen meaning the marriage was not entered into to evade U.S. immigration laws.
    
4. You do not have a criminal record involving serious crimes that would disqualify you from getting permanent residency.
    
5. You have evidence that the marriage was originally entered into in good faith if the marriage has ended (through divorce, annulment, or death of the spouse). 
    
6. You are filing jointly with your spouse unless specific exceptions apply. This joint petition shows that the marriage is ongoing and was entered in good faith. If you cannot file jointly due to certain circumstances such as the death of your spouse, divorce, or annulment, or if filing jointly would cause extreme hardship, you can file individually using a waiver. You must prove these conditions to be eligible to file without your spouse.
    

When Should You File Form I-751?

1. If You Are Still Married and Filing Jointly With Your Spouse: You and your spouse should submit a joint petition within the 90 days before your conditional green card’s expiration date. It’s important not to file more than 90 days before this date, and you must ensure that you don’t miss the deadline because applying after your green card expires can lead to the loss of your permanent resident status.
    
2. If You Are Filing by Yourself: You can file alone under certain conditions, such as divorce, annulment, the death of your spouse, or if you or your children were abused by your spouse. You can file at any time after receiving conditional residence, but you will need to apply for a waiver of the joint filing requirement. You'll also need to prove that ending your status and deporting you would cause extreme hardship.
    
3. If Your Conditional Green Card Has Already Expired: It's still possible to file Form I-751 even after your conditional green card has expired, but you must provide a compelling explanation for why you didn’t file sooner. This explanation should detail "extraordinary circumstances" that were beyond your control, which prevented timely filing. There is no guarantee that USCIS will accept a late filing, but they may approve your petition if they find the reasons to be valid.
    

What is the Biometric Services Appointment for the I-751 Form?

When you file Form I-751 you will be scheduled for a biometric services appointment by the USCIS where your biometric information will be taken. The collected biometric data helps USCIS confirm your identity and run necessary background and security checks. You have to attend this appointment because missing it can delay the process or lead to a denial of your petition. If you cannot attend the scheduled appointment, you should contact USCIS to reschedule as soon as possible. Here’s what happens during the appointment:

1. Fingerprinting: The main purpose of the biometric services appointment is to collect your fingerprints. These fingerprints are used to conduct a security background check to make sure you are fit for permanent resident status.
    
2. Photographing: Your photograph will be taken during the appointment. This photo will be used for future immigration records and documentation.
    
3. Signature: You will also need to provide your signature, which can be used to verify identity and support documents submitted with the petition.
    

Supporting Documents for Form I-751?

Apart from a filled-out Form I-751, you will need the following documents for your application:

1. A copy of the front and back of your permanent resident card.

2. Two passport-style photos for each person listed on the form and two completed fingerprint cards (Form FD-258) prepared by a U.S. Embassy, Consulate, USCIS Office, or U.S. military installation (if you live overseas due to military or government orders). 

3. Evidence of a genuine marriage (birth certificates of children born during the marriage, lease or mortgage documents showing joint occupancy and/or ownership, financial records such as joint bank accounts, tax returns, insurance policies listing the spouse as beneficiary, and joint utility or loan bills.

4. Military documents if applicable (e.g., Basic Allowance for Quarters, military family member identification cards).

5. Affidavits from at least two people who know you and your spouse personally and can attest to your marriage being genuine.

6. Evidence of Extreme Hardship (if applicable).

7. A full explanation and any supporting documents explaining why your children are filing separately from their parents if they are filing separately.
 

If You’re Filing Alone:

8. A copy of your spouse's death certificate (in case of death). 

9. A copy of the divorce decree or annulment paperwork (in case of divorce or annulment).

10. Evidence of abuse (police reports, medical records, photos of injuries, etc.), and a copy of the divorce decree if the marriage ended due to abuse.
 

Criminal History:

11. If you were ever arrested or detained without charges being filed, submit an official statement from the arresting agency or court order confirming no charges were filed.

12. If you were charged, submit original or court-certified copies of the arrest record/disposition, including any sentencing records, completion of sentencing, or rehabilitation programs.

13. If there’s no available record of an arrest or conviction, provide a statement from the court indicating so.
 

How Many Photos Are Needed for Form I-751?

For an I-751 petition, there's no specific number of photos you need to include. The main goal is to show that your marriage is real and not just for immigration purposes. Instead of focusing on the number of photos, concentrate on choosing pictures that clearly show you and your spouse sharing life together. Include photos from different places and times, with family and friends, and doing things you both enjoy. This helps prove the authenticity of your relationship.
 

How to Translate the Required Documents Form I-751?

To get a certified translation for your supporting documents for I-751, follow these steps: 

• Visit the Translayte website.
• Click on “Order Certified Translation”.
• Select “Certified Translation”, and select the target and source language and your preferred turnover time.
• Upload the document you want to translate. Ensure the file has been named correctly.
• Select either the Standard, Specialist or Professional translation services, based on your needs and budget.
• Specify any other specifications you prefer for your document.
• Place your order and wait for your translation.  Your translation will be delivered to you either by email or by post on or before the stipulated time.

At Translayte, we provide dependable and accurate English translations for your USCIS Form I-751, helping you apply for the removal of conditions on your permanent resident status swiftly and efficiently. We have a team of experienced translators who are experts in their respective fields to provide USCIS-certified translations. You don’t have to worry about getting your English translations on time because we prioritise efficiency and strive to deliver your translated documents in as little as 12 hours.  Your satisfaction is our top priority so we provide personalised services, clear communication, and 24/7 support throughout the translation process.

Trust Translayte for all your USCIS-certified translation needs and experience unmatched quality and reliability.

When to File Form I-751?

The Form I-751, Petition to Remove Conditions on Residence, should be filed during the 90-day period immediately before your conditional residence expires. This expiration date is typically two years after the date you were granted conditional resident status, which can be found on your Green Card. It's important to file within this 90-day window; if you file too early, USCIS may reject your application, and if you file too late, you could lose your conditional resident status and risk being removed from the U.S.

However, there are exceptions to this timing. If you need to file Form I-751 with a waiver because your spouse has passed, you've divorced, or you've suffered abuse, you can file at any time after receiving your conditional status but before being removed from the U.S. This means if your marriage has legally ended or if you have been a victim of abuse, you don't have to wait for the 90 days before your green card expires. You need to file before your current status expires to maintain your lawful status and avoid removal. 

The timing of your filing under these circumstances can depend on your specific situation. Always file correctly and on time to prevent complications and ensure smooth processing of your petition for permanent residency without conditions.
 

Can I File I-751 Online?

Form I-751 cannot be filed online. You must submit it by mail to the appropriate USCIS Service Center, depending on your location.
 

Where to Send the Form I-751?

Where you should send Form I-751 with your supporting documents after you have completed it, depends on the state you live in. You can find the correct address on their website. 
 

How Much Does it Cost to File USCIS Form I-751?

How to Check F-751 Case Status Online

1. Visit the USCIS website under the "Check Your Case Status" section. 
    
2. Enter your 13-digit receipt number found on the notice you received from USCIS after you filed your petition. It begins with three letters (e.g., MSC, EAC, WAC, LIN, SRC).
    
3. After entering your receipt number, click on the "Check Status" button. This will display the current status of your I-751 petition.
    
4. For ongoing updates, you can create an account with USCIS under "My Case Status". This allows you to receive automatic case updates via email or text message whenever there is a change in your case status.
    
5. If your case status online hasn’t been updated for a long time or if you need more specific details about your case, you can contact USCIS directly. You can call their National Customer Service Center at 1-800-375-5283 or use the USCIS Contact Center online. You may also make an appointment via the InfoPass system to speak with an officer in person.

How Long Does it Take to Process USCIS Form I-751?

The processing time for USCIS Form I-751 depends on several factors such as the workload at the USCIS Service Center handling your case, how complex your case is, and whether an interview is required. The process generally takes about 17 to 32 months. 
 

Why is My I-751 Taking so Long?

Your I-751 application might be taking longer than anticipated because of several reasons:

1. High Volume of Applications: USCIS service centres sometimes have high volumes of applications, which lead to longer processing times. 
    
2. Incomplete Application or Errors: If your application is incomplete or contains errors, USCIS will request additional evidence or corrections, which will delay the processing. 
    
3. Background Checks: Extensive security and background checks can lead to delays, especially if some issues or ambiguities need further investigation. These checks are mandatory and involve multiple agencies.
    
4. Interview Requirements: Not all applications require an interview, but if yours does, coordinating and scheduling an interview might add to the processing time, particularly if there are limited appointment slots available at your local USCIS office.
    

What Happens After I-751 is Approved?

Once your Petition to Remove Conditions on Residence is approved the conditions on your residence have been removed. You are no longer a conditional permanent resident; you are now a lawful permanent resident (LPR) of the United States. USCIS will issue you a new Green Card that is valid for ten years and will replace your previous two-year conditional Green Card. 

As a lawful permanent resident without conditions, you continue to be eligible for all benefits associated with this status, such as the ability to work in the U.S., travel internationally with fewer restrictions, and apply for visas for close relatives. One of the most significant changes is that you will be eligible to apply for U.S. citizenship through naturalisation. Generally, you must have been a permanent resident for at least five years to apply for citizenship, but if you are married to a U.S. citizen, that period is reduced to three years. The time you spent as a conditional resident counts towards these residency requirements.

Your new 10-year Green Card serves as long-term proof of your status as a permanent resident of the United States. Renew this card before it expires to maintain proof of your legal status in the country.

Remember to update your status with the Social Security Administration (SSA) to ensure your records are current. This update helps to accurately track your earnings and determine if you are eligible for certain social security benefits.
 

What Should I Do if my USCIS Form I-751 Application is Denied?

1. Understand the Reason for Denial: Review the denial notice sent by USCIS. It will explain why your petition was denied. 
    
2. File a Motion to Reopen or Reconsider: You can file a Motion to Reopen or a Motion to Reconsider with USCIS. A Motion to Reopen is based on new facts and usually requires submitting new evidence previously unavailable. A Motion to Reconsider is based on a request for USCIS to reevaluate its decision based on new or additional legal arguments. Both motions must be filed within 30 days of the decision.
    
3. Appeal the Decision: You have the right to appeal the denial to the USCIS Administrative Appeals Office (AAO) or the Board of Immigration Appeals (BIA), depending on the case. This appeal must be filed within 30 days of receiving the denial notice. The appeal process involves submitting a brief that outlines why the decision should be overturned based on law and facts.
    
4. Consider Re-filing: If you choose to re-file, ensure that you address the issues that led to the initial denial in your new petition and include any additional evidence that supports your case.
    

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