Looking to become a resident without conditions?

The I-751 waiver is associated with the removal of conditions on a conditional green card (valid for only two years) obtained through marriage to a U.S. citizen that was less than two years old on the day the person became a permanent resident. If the person is married to a U.S. citizen spouse for more than two years when they applied for permanent residency, the person is eligible for a 10-year green card.

Conditional permanent resident status is given either at the time the person is admitted to the United States on an immigrant visa or adjust their status to that of a permanent resident.

The conditional resident has to prove that they did not enter the marriage to circumvent the immigration laws of the United States.

Timing of Filing

• The I-751 petition should be filed jointly by the conditional permanent resident and their U.S. citizen spouse within the 90-day period before the expiration of the two-year green card.

Joint Filing Requirement

• The standard process involves joint filing by both spouses. This is to reaffirm the authenticity of the marriage. Both spouses are required to sign the petition.

Exceptional Circumstances

• If the marriage has ended due to divorce, the death of the U.S. citizen or permanent resident spouse, or if there is evidence of abuse or extreme hardship, the conditional resident may be eligible to file the I-751 waiver.

I-751 Waiver Categories

1. Waiver Based on Divorce:
   If the marriage has ended in divorce, the conditional resident will need to prove that the marriage was genuine. Separation, long divorce proceedings, and fear of filing for divorce should be discussed with the attorney.
2. Waiver Based on Abuse or Extreme Hardship to Conditional Resident Spouse or Children:
   In cases of abuse or extreme hardship, the conditional resident may be eligible for a waiver. Verbal, emotional, or physical abuse by your U.S. citizen spouse may make you eligible for this waiver and you do not need a final divorce to file at any time during the two-year period.
3. Widowed Spouse Waiver:
   If the U.S. citizen spouse has passed away you can file for the waiver at any time during the two-year period followed by the death of the spouse, with proof that marriage was entered in good faith.

Evidence and Documentation

• The I-751 petition, whether filed jointly or as a waiver, requires supporting evidence to demonstrate the marriage was bona fide (genuine). This may include joint financial documents, shared property, photos, and other proof of a good-faith marriage.

What are the steps for the I-1751 Waiver?

1. File Form I-751
   Complete and submit Form I-751, Petition to Remove Conditions on Residence, to the U.S. Citizenship and Immigration Services (USCIS).
2. Provide Supporting Documentation
   Gather evidence demonstrating the legitimacy of the marriage or reasons for a waiver, including joint financial documents, shared property, children, photos, etc.
3. Attend Biometrics Appointment
   Attend a biometrics appointment for fingerprinting and identity verification.
4. USCIS Interview (if required)
   Attend a USCIS interview alone and be well prepared to discuss the relationship and the basis of the waiver.
5. Receive Decision
   USCIS reviews the petition, and if approved, the conditional status is removed, and a 10-year permanent residency card is issued.