- How To Remove Conditions On Permanent Residence For Newly Married Couples In The US
- Required Documents for the I-751 Petition
- What is the Fee for Form I-751, Petition to Remove Conditions of Residence?
Conditional Permanent Residence Status
Conditional permanent resident status is granted to individuals whose marriage is less than 2 years old at the time of acquiring permanent resident status in the US, or when they receive their green card through marriage.
A conditional green card (CR1) is only valid for 2 years, whereas the regular green card is valid for 10 years. In order to maintain your permanent resident status as a conditional green card holder, you must petition to have the condition removed before the 2-year validity of the conditional green card expires.
What is the Process to Remove Conditions on Permanent Residence
As a couple, you and your spouse must file Form I-751, Petition to Remove the Conditions of Residence, during the 90-day period immediately before the expiration of your CR1 green card. To determine the correct date, mark the second anniversary of the date the alien spouse was granted a conditional green card.
You will be notified by USCIS on the decision of your petition.
ImportantFailure to file Form I-751, Petition to Remove the Conditions on Residence, will result in termination of permanent residence status and initiation of removal proceedings.
Download Form I-751, Petition to Remove Conditions of Residence. This is the required form for conditional residents who obtained green card through marriage to apply to remove conditions on their green card.
Once approved, this petition will provide the foreign national with a 10-year permanent resident card (green card)
NoteYou may file this petition even if the marriage has ended or the spouse has subsequently died. Refer to the Form I-751 for more information and additional instructions on filing requirements.
Required Documents for Form I-751, Petition to Remove Conditions of Residence
When submitting Form I-751 to remove the conditions of your permanent residence, you must include the following documents and evidence with your petition:
Permanent Resident Card
You must file your petition with a copy of your Permanent Resident Card or Alien Registration Card, and a copy of the Permanent Resident or Alien Registration cards of any of your conditional resident children you are including in your petition. Submit copies of both front and back sides of the card.
The conditional resident filing this petition must submit two standard passport-style photographs of him or herself taken within 30 days of submission of the petition. The photos should be:
- 2×2 inches in size
- White background
- Glossy and not retouched or mounted
- Facial image dimensions about 1 inch to1 3/8 inches from the chin to the top of the hair in a full-frontal view
- Using a pencil or felt pen, lightly print your name and Alien Registration Number (A#) on the back of the photographs.
Evidence of Relationship
The burden of proof to establish their bonafide marriage is on the couple . This requires submission of documents indicating that the marriage upon which you were granted conditional status was entered in ”good faith” and not for the purpose of circumventing immigration laws.
Fake marriages for the purposes of obtaining a green card can result in harsh penalties, including jail time and steep fines. A fraud marriage can also eliminate the possibility of getting approved on future applications and have irreversible immigration consequences in the future.
Submit copies of as many documents as you wish to establish a bonefide marriage and to demonstrate the circumstances of the relationship from the date of the marriage to the present date. This is required to be demonstrated even if the relationship ended. The documents submitted should cover the period from the date of your marriage to the filing of this petition.
Some examples of evidence of relationship include:
- Photos from the couple’s wedding, honeymoon, vacations, family dinners, holidays, etc.
- Birth certificate(s) of child(ren) born to the marriage
- Lease or mortgage contracts showing joint occupancy and/or ownership of your communal residence
- Social media records such as screenshots of Facebook pages, posts and Twitter messages that show you spending life events together
- Bank statements showing the same address
- Affidavits from friends, family, neighbors, and landlords attesting to cohabitation
- Medical records evidencing an ongoing pregnancy
- Bank statements for joint checking, savings, and credit card accounts
- Tax returns filed as married showing both names
- Joint health, life, property, and auto insurance agreements, statements, and cards
- Life insurance policies, wills, and trusts, designating your spouse as a beneficiary
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Generally, the more evidence that you can produce from these different categories, the better. Your goal is to get the I-751 petition approved and become a lawful permanent resident with a 10-year green card. You can also refer to Form I-751 for further examples of evidence of relationship.
Form I-751 Fees
The filing fee for Form I-751 is $680 USD, which includes a $595 filing fee and $85 biometrics fee. To pay the filing fee you must make a check or money order that is:
- Drawn on a US bank;
- Payable in US currency; and
- Made payable to U.S. Department of Homeland Security.
For more information about filing fees, read the Form I-751 Instructions.
Visit After Green Card for more information and guidance on what you should do after receiving your green card.