Form I-751: How to Remove Conditions on a Green Card

by | September 9, 2020

Removing Conditions on Your Marriage Green Card Using USCIS Form I-751 Petition to Remove Conditions on Residence

Married Less than 2 Years at Time of Filing for Marriage Green Card

If you were married for less than two years at the time of filing your marriage based green card application, you will receive a CR1 Conditional Green Card which is valid for only 2 years.  

To remove green card conditions, you and your petitioning spouse must file a joint Form I-751 Petition to Remove Conditions on Residence during the 90-day period prior to the expiration of your conditional green card.

USCIS re-determines if your marriage was bona fide or fraudulent (entered solely for a green card) when deciding to approve or deny your I-751 petition.

Upon approval of the I-751 form, you will receive a permanent 10-year green card via U.S. mail to your mailing address.

Married Over 2 Years at Time of Filing for Marriage Green Card

You receive an IR1 Immediate Relative Green Card, commonly known as the 10-year green card, if you have been married for at least 2 years at the time of filing your green card application.

There are no conditions to remove on this type of green card.  You must renew your green card every 10 years within 6 months of its expiration date. 

Removing Conditions on Your Green Card Without Your Petitioning Spouse (Waivers)

If your petitioning spouse will not file a joint I-751 Petition to Remove Conditions then you must get a waiver of the requirement to file a joint petition.  

You may file Form I-751 to remove conditions on your permanent residence status without your spouse at any time after you are granted conditional status if:

  • You entered into the marriage in good faith, but your spouse or stepparent subsequently died;
  • You entered into a marriage in good faith, but the marriage ended through divorce or annulment;
  • You entered into a marriage in good faith, but either you or your child were battered or subjected to extreme cruelty by your spouse; or
  • Termination of your status and removal from the United States would result in extreme hardship.

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