What is Form I-751?
Form I-751, Petition to Remove Conditions on Residence, is the application you file to convert your conditional 2-year green card into a permanent 10-year green card. If you received your green card through marriage to a U.S. citizen or permanent resident and had been married for less than 2 years at the time of approval, you were issued a conditional green card.
The I-751 petition must be filed during the 90-day window before your conditional green card expires. Filing late can result in losing your legal status, being placed in removal proceedings, and jeopardizing your path to permanent residence.
Critical Deadline: You must file Form I-751 within the 90-day period before your conditional green card expires. Missing this deadline can have serious consequences for your immigration status.
Who Needs to File Form I-751?
Joint Filing (Still Married)
If you're still married to the same U.S. citizen or permanent resident who petitioned for you, you'll file a joint I-751 petition together. This is the most common and straightforward scenario.
Waiver (Divorced/Widowed/Abuse)
If you're divorced, widowed, or were abused by your spouse, you can file for a waiver of the joint filing requirement. Special evidence is required to prove your case qualifies for a waiver.
Required Evidence for I-751
The key to I-751 approval is proving your marriage was entered into in good faith and not for immigration purposes. Here's what USCIS wants to see:
Joint Financial Documents
Joint bank accounts, joint credit cards, joint tax returns, joint mortgage or lease agreements, joint utility bills
Insurance & Benefits
Joint health insurance, life insurance naming spouse as beneficiary, retirement accounts listing spouse
Property & Assets
Joint ownership of property, vehicles titled in both names, joint investment accounts
Children & Family
Birth certificates of children born during marriage, photos together with family, affidavits from friends and family
Travel & Social Proof
Travel itineraries together, photos from trips, social media evidence, correspondence addressed to both spouses
Affidavits
Sworn statements from friends, family, employers, or community members who can attest to your genuine marriage
I-751 Process Timeline
File Within 90-Day Window
Submit Form I-751 during the 90 days before your conditional green card expires. Include all required evidence and filing fee ($760 as of 2026).
Receive Receipt Notice & Extension
USCIS sends a receipt notice (Form I-797) that extends your conditional green card for 18-48 months while your case is pending.
Biometrics Appointment (If Required)
USCIS may schedule you for fingerprinting and photos. Some applicants are exempt if biometrics were recently collected.
Interview (If Required)
Many I-751 cases are approved without an interview, but USCIS may schedule one if they have questions about your marriage or need additional evidence.
Approval & 10-Year Green Card
Once approved, you'll receive your permanent 10-year green card in the mail. Processing times typically range from 12-36 months.
Filing for a Waiver of Joint Filing Requirement
If you cannot file jointly with your spouse, you may qualify for a waiver under one of these circumstances:
Divorce
You're divorced or legally separated from the spouse who petitioned for you. You must prove the marriage was entered into in good faith.
Widowed
Your U.S. citizen or permanent resident spouse passed away. You must provide a death certificate and evidence of a bona fide marriage.
Abuse or Extreme Hardship
You or your child were subjected to battery or extreme cruelty by your spouse, or deportation would result in extreme hardship.
Why Choose Zubkoff Law for Your I-751?
We've successfully helped thousands of clients remove conditions on their green cards. Our team knows exactly what evidence USCIS wants to see and how to present your case for maximum approval chances.