Form I-751: Remove the Conditions from your Green Card

Form I-751: Remove the Conditions from your Green Card

The I-751 is an application to remove the "conditions" from a person's green card. You must file an I-751 if you received a green card through marriage when you were married less than 2 years. If so, you were likely issued a green card that has a two year expiration date, and you MUST file form I-751 to the United States Citizenship and Immigration Service (USCIS) within the 90 days before it expires. Why the 2 years? Congress wanted to put married couples through a testing period to try to catch and reduce the amount of marriage based immigration fraud (couples marrying solely to obtain a green card). So they created a conditional permanent residence, requiring couples to submit evidence of their good faith marriage two years after the granting of their green card. How to file the I-751: What are my options? When you file the form I-751 during the 90 days before your green card expires, you must base it on one of the following five options:
  1. File it jointly with evidence of good faith marriage.
  2. File it based on a marriage that has terminated but only if it was entered into in good faith.
  3. File it based on abuse (subject to battery or extreme cruelty), but only if the marriage was entered into for good faith.
  4. File it based on extreme hardship.
  5. File it based on the death of your spouse.
Our clients often wonder which of these options is the best. It depends on the facts of your situation, but as a rule of thumb, the first option is usually the best! If you can file it signed jointly with your spouse saying that you married in good faith and that you both are currently married, that is the easiest and the most likely to be approved. Often these get approved without even the need for an additional interview. If that is not a possible option for you though, it will be critical for you to seek the help of an attorney who can explain the best way to proceed. If you have more questions about green cards, please feel free to check out our website.
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