I-751, Petition to Remove Conditions on Residence

A Quick Note Before We Begin

I haven’t gone through this process personally just yet—I’m still on a conditional green card. However, I’ve conducted in-depth research and spoken with individuals who have successfully filed Form I-751, so this guide reflects real experiences and reliable information. Once I go through it myself, I’ll update this with firsthand insights.

What Is Form I-751?

Form I-751 is used to remove the conditions from your marriage-based green card. A conditional green card (category CR1) is valid for two years. To maintain your permanent resident status and obtain the standard 10-year green card, you must prove that your marriage was entered into in good faith—not for immigration benefits.

That’s where Form I-751 comes in. It allows you to submit additional evidence of your genuine relationship and transition to permanent status.

When to File Form I-751

You must file Form I-751 within 90 days before your conditional green card expires. Filing outside this window—either too early or too late—can result in rejection or loss of your status.

USCIS may send a reminder notice, but this isn’t guaranteed. To avoid mistakes, use the USCIS I-751 Filing Date Calculator (linked on their website) to determine your exact earliest filing date.

If you miss the deadline, your permanent resident status is automatically terminated. However, in certain cases—such as illness or other serious issues—USCIS may accept a late filing with a written explanation and supporting evidence.

Filing Jointly vs. Filing Alone

If you’re still married to the spouse who petitioned for your green card, you must file Form I-751 jointly, meaning both you and your spouse must sign the petition.

However, if you’re no longer married, you may be eligible to file independently under these conditions:

• You are divorced
• You were a victim of domestic abuse
• Your U.S. citizen spouse has died
• Other extraordinary circumstances apply

In such situations, you may file at any time, without waiting for the 90-day window.

We strongly recommend consulting an immigration attorney if you’re filing on your own due to hardship or abuse.

Where and How to File Form I-751

At this time, Form I-751 must be filed by mail. It cannot be submitted online. Be sure to check the USCIS Direct Filing Addresses page to confirm the correct mailing address, as locations may change.

I-751 Filing Fee

The total filing fee is $680, which includes:

• $595 application fee
• $85 biometrics fee (per person)

If you have dependents who also received conditional green cards, each must submit a separate $85 biometrics fee.

If you cannot afford the filing fee, you may request a waiver by submitting Form I-912 (Request for Fee Waiver) with your petition.

Evidence to Include with Your Petition

USCIS places strong emphasis on evidence proving that your marriage is genuine and ongoing. You should include updated documentation from the time you received your conditional green card until now.

Here’s a list of recommended evidence:

• Copy of both sides of your conditional green card
• Marriage certificate
• Joint financial documents: bank accounts, credit cards, mortgages, leases, utility bills
• Joint tax returns
• Insurance policies (health, auto, life)
• Government correspondence sent to both spouses at the same address
• Travel records or itineraries from trips taken together
• Photos over time
• Driver’s licenses showing shared address
• Affidavits from friends or family affirming the legitimacy of your relationship
• Social media evidence, if available

Make sure to include a cover letter summarizing your application and the evidence enclosed. A clear, professional cover letter can help USCIS officers better understand your submission.

Name Change: Is It Required?

No. You are not required to take your spouse’s last name to prove your marriage is real. While a shared name can be helpful evidence, it’s not a requirement.

Biometrics and Interview Process

USCIS may reuse your existing biometrics if you’ve previously provided them. In many cases, new biometrics appointments are waived to streamline processing.

The same applies to interviews. If your petition includes strong supporting evidence, USCIS may waive the interview entirely.

Conditional Green Card Extensions

As of September 2021, USCIS automatically extends the validity of your green card by 18 to 24 months after you file Form I-751.

You will receive a receipt notice (Form I-797) confirming this extension, which can be used, along with your expired green card—as proof of your legal status and eligibility for employment or travel.

If your extension expires before your new green card arrives, you can request an InfoPass appointment to obtain a temporary I-551 stamp in your passport.

Keep Your Address Updated

Always notify USCIS of any change of address within 10 days of moving. You can do this by:

• Submitting Form AR-11 online
• Updating your USCIS online account
• Mailing the address change form

Keeping your address current ensures you don’t miss critical updates or notices

Can You Apply for Naturalization While I-751 Is Pending?

Yes. If you’re married to a U.S. citizen, you can apply for naturalization after three years of permanent residency—even if your I-751 is still pending.

In many cases, USCIS will conduct a combined interview for both your I-751 petition and your naturalization application.

A Word on Terminology: Who’s the Petitioner Now?

One confusing aspect of Form I-751 is the term “petitioner.” Unlike the I-130 form (where your spouse was the petitioner), you—the conditional green card holder—are now considered the petitioner when filing I-751.

So if the form asks for information about the petitioner, it means you, not your spouse.

If you’re looking for a step-by-step guide to filling out Form I-751, stay tuned—I’m currently working on a detailed walkthrough to help simplify the process for you.

Have questions or need help preparing your cover letter or evidence checklist? Let me know—I’d be happy to assist.