Filing Form I-751, Petition to Remove Conditions on Residence

You’ve been living in the U.S. with your spouse, building a life together. You got your green card, but there’s a catch—it’s only temporary. Now, it’s time to file Form I-751 to remove the conditions on your residence. Simple, right? Not exactly.

Processing times? Unpredictable.
Approval odds? Feels like rolling dice.
The wait? Excruciating.

One missing document, one overlooked detail, and you could be stuck in a legal limbo, questioning whether your future in the U.S. is secure. The worst part? You don’t control the timeline, the rules, or the outcome. That’s where strategy—not luck—comes in.

This blog will walk you through the right way to file Form I-751. No guesswork, no unnecessary delays—just clear, actionable steps to help you secure your permanent residency. Let’s get started.

 

 

What is the Purpose of Form I-751?

A conditional green card isn’t built to last. If you received your residency through marriage, your status is only valid for two years. To stay in the U.S. permanently, you must file Form I-751 to remove these conditions.

In January 2023, USCIS extended the validity of green cards for 48 months beyond the expiration date if Form I-751 is properly filed. While that gives applicants some breathing room, filing correctly is still essential to avoid delays or denials.

Form I-751 serves three key purposes:

1. Removing conditions on residency – It officially transitions you from conditional to permanent resident status.
2. Proving your marriage is real – USCIS requires evidence that the relationship wasn’t just for immigration benefits.
3. Securing your legal stay in the U.S. – Without filing, your status expires, and you could face removal proceedings.

When You May Need to File

If USCIS granted you conditional permanent resident status through marriage, you must file Form I-751 before your green card expires.

• Including children – If your children obtained conditional status on the same day or within 90 days of you, include their details in Part 5 of the form.
• Separate filings – If their conditional status was granted more than 90 days later, they must file Form I-751 separately.

Filing Without Your Spouse

Normally, Form I-751 is filed jointly with your spouse. But if you’re no longer together, you may still qualify to file alone if:

• Your spouse has passed away.
• You divorced or had your marriage annulled.
• You were subjected to extreme cruelty or abuse by your spouse.
• Your parent (if you’re a dependent) faced abuse by a U.S. citizen or green card holder. Note that, for a child to file for a waiver on this basis, the parent must have entered into the marriage in good faith, and the child must have been battered or subjected to extreme cruelty by the spouse.
• Your removal would cause extreme hardship.

Filing Form I-751 is a critical step in securing permanent residency. Even minor mistakes can lead to delays or denials. Contact the Law Offices of Sweta Khandelwal to get expert guidance and file with confidence.

General Instructions for Completing Form I-751

• Accessing the Form

• • You can download the latest version of Form I-751 for free from the USCIS website.
  • To view and complete the form, use Adobe Reader.

• Signature Rules

• • • USCIS does not accept stamped or typewritten signatures.
    • If you’re under 14 years old, a parent or legal guardian must sign for you.
    • If the applicant is mentally incompetent, their legal guardian can sign on their behalf.
    • An unsigned or improperly signed petition will be rejected.

• Filing Fees

• • Form I-751 comes with a filing fee, which can change periodically. Check the latest fee details on Form G-1055 before filing.

• Required Evidence

• • • You must include all supporting documents when filing.
    • Missing evidence can delay processing or result in a denial.

• Biometric Services Appointment

• USCIS may require you to attend a biometrics appointment for fingerprinting, photos, and background checks.
• You’ll receive an appointment notice with the date, time, and location if biometrics are required.
• If you’re outside the U.S., you must contact a U.S. Embassy, Consulate, or USCIS office to schedule your biometrics appointment.

At the appointment, you must sign an oath affirming that:

1. You provided or authorized all information in the petition.
2. You reviewed and understood all the information submitted.
3. All the information was true and correct at the time of filing.

• Copies and Translations

• • Submit clear photocopies unless USCIS specifically requests an original document.
  • If submitting documents in a foreign language, you must include a full English translation.
• The translator must provide a certification, including:
  • Their name
  • A statement of accuracy
  • Their signature and contact details

For filing locations, address changes, or other questions, visit the USCIS Contact Center or call 800-375-5283 (TTY 800-767-1833). For disability accommodations, check USCIS accommodations info or follow the instructions on your appointment notice.

Also Read: H-1B to EB-1C Green Card: Steps and Requirements

How to File Form I-751?

Part 1: Complete the Form Correctly

• Use black ink and print/type neatly.
• Answer all questions—if something doesn’t apply, write “N/A.” If an answer is zero, write “None.” (for example, “How many children do you have?”)
• If extra space is needed, attach a separate sheet with:
  • Your full name
  • Alien Registration Number (A-Number) (if applicable)
  • Page number, part number, and item number of the question
  • Your signature and date

Part 2: Provide Biographic Information

• Fill out Part 2 with details like ethnicity, race, height, weight, eye color, and hair color in the requested format.

Part 3: Basis for Petition

1. Joint Filing

• The applicant is filing with their spouse.
• The applicant is filing with their parent’s spouse (if they are a dependent child).

2. Waiver or Individual Filing Request

If the applicant cannot file jointly, they must select one or more of the following reasons:

• Their spouse is deceased.
• Their marriage was entered in good faith but ended in divorce or annulment.
• They were subjected to battery or extreme cruelty by their U.S. citizen or lawful permanent resident spouse.
• Their parent entered the marriage in good faith, but the parent or child was subjected to extreme cruelty by the U.S. citizen or lawful permanent resident spouse.

Part 4: Information About the U.S. Citizen or Lawful Permanent Resident Spouse

This section collects details about your spouse (if filing jointly) or your parent’s spouse (if you are a child filing with your parent). You must provide:

1. Full Name – First, middle, and last name of the U.S. citizen or lawful permanent resident spouse.
2. Date of Birth – The spouse’s birthdate (mm/dd/yyyy format).
3. A-Number (if applicable) – If your spouse is a lawful permanent resident, they may have an Alien Registration Number (A-Number).
4. U.S. Citizenship or Permanent Resident Status –
   • If your spouse is a U.S. citizen, you may need to provide their Naturalization Certificate number, Certificate of Citizenship number, or U.S. passport number.
   • If they are a lawful permanent resident, their A-Number must be included.
5. Mailing Address – The spouse’s current mailing address (if different from the petitioner’s address).
6. Physical Address – The spouse’s current residence, if different from their mailing address.

This section helps USCIS verify the petitioner’s relationship with their spouse (or parent’s spouse, in the case of a child).

Part 5: Information About Your Children

In this section, you must list all of your children, whether they are U.S. citizens or not. Information required includes:

• Full legal name
• Date of birth
• Country of birth
• A-Number (if applicable)
• Current residence

If your child is a conditional permanent resident, they may be included in your petition.

Part 6: Accommodations for Disabilities and Impairments

If you or your dependents have any disabilities or impairments that require special accommodations, you can specify them here.

• Examples include needing a sign language interpreter, wheelchair access, or extra time for an interview.
• USCIS will provide accommodations at no additional cost.

Part 7: Petitioner’s Statement, Contact Information, Certification, and Signature

This is where the primary petitioner (the conditional resident) certifies that:

• The information provided is true and correct.
• They understand the consequences of false statements.
• They confirm if they read and completed the form themselves or with an interpreter’s help.

Details required:

• Contact information (phone, email, and mailing address)
• Signature of the petitioner

Part 8: Spouse’s or Individual Filing Requestor’s Statement, Contact Information, Certification, and Signature

If the petition is being filed jointly, the U.S. citizen or lawful permanent resident spouse (or a conditional resident parent, in case of a child) must complete this section.

Like Part 7, this section requires:

• Acknowledgment of the information’s accuracy
• Signature of the spouse/filing requestor
• Contact details

Part 9: Interpreter’s Contact Information, Certification, and Signature

If an interpreter helped complete the form, they must:

• Provide their full name, business name, and contact details.
• Certify that they translated the form accurately.
• Sign and date the form.

Part 10: Contact Information, Declaration, and Signature of the Person Preparing This Petition, If Other Than the Petitioner

If someone else (like an attorney or accredited representative) prepared the petition, they must:

• Provide their full name, business/organization, mailing address, and contact details.
• Confirm they completed the form at the request of the petitioner.
• Sign and date the form.

Want to avoid costly mistakes? Talk to the experts at The Law Offices of Sweta Khandelwal today. Get your petition right the first time.

Where to File Form I-751? 

Before submitting your Form I-751, ensure you’re using the correct edition and sending it to the appropriate address based on your residence.

Important Filing Guidelines:

• Use the Fee Calculator to determine the correct filing fee.
• Submit only the latest edition of Form I-751 (check the form’s bottom page for the edition date).
• File within the 90-day window before your conditional residence expires. Use the Filing Calculator for accuracy.
• Complete all required sections and sign the form correctly (both spouses must sign if filing jointly).
• Incorrect fees, outdated forms, missing fields, or missing signatures may lead to rejection.

Where to Mail Your Form I-751

If you live in these states/territories:

Connecticut, Florida, Georgia, Guam, Illinois, Indiana, Maine, Maryland, Massachusetts, Michigan, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, South Carolina, Vermont, Wisconsin

You need to Mail your form to:

Using U.S. Postal Service (USPS):
USCIS
Attn: I-751
P.O. Box 4072
Carol Stream, IL 60197-4072

• Using FedEx, UPS, or DHL:

USCIS
Attn: I-751 (Box 4072)
2500 Westfield Drive
Elgin, IL 60124-7836

If you live in these states/territories:

Alabama, Alaska, American Samoa, Arizona, Arkansas, Armed Forces (Europe, Pacific, Americas), California, Colorado, Commonwealth of the Northern Mariana Islands, Delaware, District of Columbia, Hawaii, Idaho, Iowa, Kansas, Kentucky, Louisiana, Marshall Islands, Micronesia, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Mexico, North Carolina, North Dakota, Oklahoma, Oregon, Palau, Puerto Rico, South Dakota, Tennessee, Texas, U.S. Virgin Islands, Utah, Virginia, Washington, West Virginia, Wyoming

Mail your form to:

Using U.S. Postal Service (USPS):
USCIS
Attn: I-751
P.O. Box 21200
Phoenix, AZ 85036-1200

• Using FedEx, UPS, or DHL:

USCIS
Attn: I-751 (Box 21200)
2108 E. Elliot Rd.
Tempe, AZ 85284-1806

Also Read: Handling EB-1C Green Card Revocation: A Practical Guide for Employers and Employees

Required Documentation for Form I-751

When filing Form I-751, you must provide specific documents to prove your eligibility. Below is a breakdown of what you need to submit based on your situation.

1. Permanent Resident Card

• A copy (front and back) of your Permanent Resident Card or Alien Registration Card.
• If you’re including your conditional resident children, submit copies of their cards as well.

Exception: If you are living overseas due to military or government orders, follow the instructions below:

• Two passport-style photos (2” x 2”) for each petitioner and dependent.
• Two completed fingerprint cards (Form FD-258) for each petitioner and dependent (ages 14-79).
• Clearly mark “ACTIVE MILITARY” or “GOVERNMENT ORDERS” on top of Form I-751 and attach a copy of your current orders.

2. Evidence of the Relationship

You must prove that your marriage was entered into in good faith and not for immigration benefits. Submit as many of the following documents as possible:

• Children’s Birth Certificates (if applicable).
• Lease/Mortgage Agreements showing joint residency.
• Financial Documents such as:
  • Joint bank statements
  • Joint tax returns
  • Joint insurance policies
  • Joint utility bills
  • Joint loans or credit card statements
  • Military Leave and Earnings Statements (if applicable).
• Other relevant documents prove the legitimacy of your marriage.
• Affidavits from at least two people who have known you both since you became a conditional resident; this is the best practice. Each affidavit must include:
  • Full name, address, date, and place of birth of the person writing it.
  • Their relationship with you or your spouse.
  • Details explaining how they know about your marriage.

3. Additional Documents (If Filing Alone)

If you are filing Form I-751 alone due to special circumstances, submit the following:

• • Death of spouse: Copy of the death certificate.
  • Divorce or annulment: Copy of the final divorce decree or annulment papers.

• Abuse or extreme cruelty:

• • Police, court, medical, school, or social service reports.
  • Orders of protection, shelter records, or photos of injuries.
  • Divorce decree (if applicable) proving abuse as a reason for separation.
• Extreme hardship: Documents proving that your removal would cause an exceptional level of hardship beyond what other immigrants typically face.

4. Criminal History

If you have ever been arrested, charged, or convicted, you must provide:

• A court-certified copy of the complete arrest record and final disposition for each incident.
• If you were sentenced, submit:
  • Sentencing records (probation or parole records).
  • Proof of completion of any court-ordered programs.
  • If the record was expunged, submit a court order confirming this.
• Traffic violations: No documents are needed if:
  • The fine was less than $500, and
  • No drugs or alcohol were involved.

Struggling with Form I-751 Documentation? Missing documents or incomplete paperwork can lead to delays—or worse, denial. Don’t take chances. Get expert guidance to ensure your petition is solid. Talk to an immigration attorney, Sweta Khandelwal, today!

Form I-751 Filing Fees and Payment Guidelines

The filing fee for Form I-751 depends on the applicant’s category. For general filing, the fee is $750, while those requesting a waiver due to battery or extreme cruelty are exempt from payment. The payment can be made through a money order, personal check, cashier’s check, or by using a credit or debit card via Form G-1450. When paying by check, it must be made payable to the U.S. Department of Homeland Security.

Since filing fees are non-refundable, applicants should ensure they submit accurate documentation. If paying by credit or debit card, the payment cannot be disputed later. Initiating a chargeback can lead USCIS to reject or delay processing. Additionally, if multiple forms are being submitted, each fee should be paid separately. A single combined payment can lead to package rejection, as USCIS processes forms electronically using different systems.

Also Read: Switching Jobs After Receiving Employment-Based Green Card

Common Filing Mistakes and How to Avoid Them

USCIS has strict guidelines, and late submissions can result in losing legal status. Always check the latest processing times and submit your forms well before the deadline to avoid complications.

• Avoid Incomplete Forms and Insufficient Evidence

USCIS rejects forms with missing fields or incomplete answers. Even a small mistake—like skipping a signature—can result in delays. Additionally, providing insufficient evidence for petitions such as Form I-751 can lead to an RFE (Request for Evidence) or outright denial. Supporting documents like joint bank statements, lease agreements, and affidavits strengthen your case.

•  Ensure Forms and Guidelines Are Updated

Using an outdated form version or following old instructions can cause rejection. USCIS frequently updates its policies and filing procedures, so it always downloads the latest forms from the official USCIS website before filing.

Mistakes in the filings can be costly, leading to unnecessary stress and potential visa issues. To avoid errors and ensure a smooth process, Contact the Law Offices of Sweta Khandelwal for expert assistance.

 

 

Conclusion

Ensuring accuracy, staying updated with USCIS guidelines, and submitting strong supporting evidence are key to a successful application. 

To avoid complications and protect your immigration status, get expert guidance from The Law Offices of Sweta Khandelwal. Whether you need help with document preparation, form submission, or legal representation, Sweta Khandelwal and her team offer personalized solutions for your case. Contact the Law Offices of Sweta Khandelwal today to ensure a smooth and error-free filing process.

Disclaimer

Please note that the prices listed for visa services are estimates and may vary in real-time. We recommend consulting the official government websites or other authoritative resources for the most up-to-date pricing information. These estimates do not constitute a guarantee of costs, and fees may change without notice.