Form I-751
Understanding Form I-751, Petition to Remove Conditions on Residence
Form I-751, Petition to Remove Conditions on Residence, basically is a form used by those individuals who are conditional permanent residents. You may have obtained this status through marriage with your U.S spouse.
You will be using this form in order to request the concerned authorities to remove the conditions and ultimately allow you to become a lawful permanent resident.
What are Conditional (or “CR-1”) Green Cards?
As the name suggests, conditional green cards are the green cards issued to people along with certain conditions.
It is issued to individuals who have been in a marriage with a green card holder or U.S citizen spouse, and the duration of their marriage is less than 2 years.
Now, once the conditions have been removed, your 2-year conditional green card is upgraded to a full 10-year green card.
In case you fail to upgrade your 2-year conditional green card on time, your resident status will be removed, and you will be asked to leave the country.
Usually, Form I-751 will be filed by you and your spouse, who originally sponsored your green card.
With that being said, in case the spouse who has originally sponsored you has parted ways with you, has died, or has become abusive as per the VAWA 1-360 petition, you can then file the Form I-751 by yourself and with the assistance of a professional in this matter.
When To File Form I-751
The ideal time to file Form I-751 depends upon the particular situation.
If, for instance, you are still married and are filing the Form with your spouse, then you will be required to fill it within 90 days of time before the expiration of the conditional green card.
If you are doing it by yourself due to the end of a marriage with your spouse due to death or divorce or because your spouse is abusive, then you can file your I-751 whenever you want after receiving the conditional residence.
The third situation is when your conditional green card has already expired. For that to happen, you will be required to write a letter to the concerned authorities providing a valid and genuine reason as to why you missed the deadline. It is important to note here that this does not guarantee that your I-751 application will be accepted.
Important Documents Required To File Form I-751
While filing and submitting Form I-751, you will be required to include certain important documents as well. These are:
- Copies of both the sides of your current green card, as well as the front and back of green cards of any children that are listed on the I-751.
- Evidence that can prove that your marriage was entered into good faith. Joint bank accounts, shared assets, birth certificates of your children, and various other documents can help you prove this point.
- If applicable, the evidence of the reason why you are filing Form I-751 by yourself. These may include your spouse's death certificate, divorce decree, or certificates that may indicate that you or your children were abused by the spouse.
- If applicable, the evidence and solid reason as to why you missed the deadline and filed the Form so late.
Fees For Form I-751
$595 is the filing fee for Form I-751. In addition to this, there is an $85 biometric fee that you will have to pay for yourself and an additional $85 for each dependent who is included on your I-751.
However, if you want, you can request a fee waiver depending upon your household income, financial hardship, or receipt of means-tested benefits.
What To Expect Once Form I-751 is Filed?
Once you have submitted the form, you may, later on, be required to attend a biometrics appointment and an interview along with your spouse. This is only applicable if you have filed the form with your spouse.
Moreover, after the USCIS approves Form I-751, you will then become a lawful permanent resident of the United States and will obtain a 10-year green card.
How Can RB Law Help You?
As you can see, the entire process of filing Form I-751 is quite complex, and making a silly error can certainly put you in big trouble. Therefore, it is crucial to get assistance from a professional in this field, and RB Law is here to assist you. Contact us today and allow us to help you file Form I-751 in the best manner possible.
