Conditional Green Card: How to Remove Conditions with the I-751 Waiver Form

• Ileana Rivera
• October 9, 2023

Conditional Green Card: How to Remove Conditions with Form I-751 Waiver

If you have a conditional Green Card because you came to the United States based on marriage, you must complete Form I-751 to remain in the United States. This post will provide key information to help you increase your chances of approval and obtain permanent, unconditional residency.

What is a Conditional Green Card?

A green card condicional is a non-renewable two-year residency granted by USCIS to individuals whose immigration was based on one of the following:

Marriage to a U.S. citizen, and that marriage is less than two years old.
 Investment generally granted to EB-5 entrepreneurs and investors.
With this Green Card, you have all the same rights as any Green Card holder in the United States, but it requires an additional step to remove the conditions, and that is a petition:
 Form I-751 for Conditional Green Card based on marriage.
 Form I-829 for Conditional Green Card based on EB-5 investment.

When must Form I-751 be completed?

Typically, Form I-751 is filed jointly with your spouse, meaning both of you must sign it. In this case, the form must be submitted within 90 days before the expiration date of your Conditional Green Card.
This may seem confusing, but simply take the expiration date of your Conditional Green Card and go back three months. For example, if it expires on December 1, 2023, the earliest you can file is September 2, 2023.
Once you have filed your I-751, USCIS will notify you with a written receipt, and your Conditional Green Card will be extended for another two to four years while it is under review. In the meantime, you can continue working and even travel outside the United States.
Use this useful tool: Click on Use Filing Date Calculator – Presentation Calculator

Can I File Form I-751 Individually?

There are some special cases in which you can file Form I-751 individually, such as:
 The spouse (or stepparent) has died.
 The marriage has dissolved due to divorce or annulment.
 You or your child were victims of violence or cruelty at the hands of your spouse.
 You were a victim of violence or cruelty at the hands of a parent or a parent's spouse.
 Deportation from the United States could result in extreme hardship.
In any of the circumstances listed above, you may request a waiver of the joint filing requirement and file your Form I-751 individually at any time before your Conditional Green Card expires.

What happens if I file Form I-751 late?

If, for some reason, you have not been able to file the form within the 90-day filing window or before your Conditional Green Card expired, you can file your I-751 later with a detailed written explanation showing that the delay was valid, caused by exceptional circumstances that were not your fault and that the duration of the delay was appropriate.

Form I-751 for children

If you have children who are now your spouse's stepchildren, they will also need to file an I-751, but this depends on when the children received their Conditional Green Card:
● If it was on the same day or within 90 days of yours, they may be included in your application.
● If it was after 90 days, a separate Form I-751 must be completed and filed.

However, in both cases, the children's request depends on yours and will only be approved if yours is.

Understanding Form I-751

Form I-751 is a petition showing that your marriage, or your parents' marriage to your stepparent, is in good faith. Therefore, it is important to provide all the relevant evidence you can to support this claim and prove that your marriage is legitimate.
USCIS considers all of this when reviewing your submission and if it is sufficient, they will remove the condition from your Green Card. However, you may be asked to provide fingerprints or attend an interview during the review process.

What evidence must be attached with Form I-751?

There is specific evidence which must be initially included with any Form I-751, as follows:
 A copy of your permanent resident card, as well as those of your children, if they are part of your petition.
If you are abroad due to active military service or government orders, or if your children are abroad, you must also submit:
o Two 2 x 2 passport style photos per USCIS guidelines.
o Two complete fingerprint cards.
● Proof of your marital relationship through copies of any documents, which may include:
o A personal statement of how and why you married your spouse o Wedding photos, photos from special events, letters between you and your spouse.

o Marriage certificates.
o Birth certificates of children born during that period.
o Lease or mortgage agreements showing joint ownership or occupancy of your marital home.

o Financial records demonstrating joint ownership, such as:
 Joint savings or checking accounts with a transaction history.
 Joint federal or state tax returns.
 Insurance policies.
 Joint utility bills.
o Original affidavits from witnesses who have known you and your spouse since you were granted the conditional green card and who have personal knowledge of your relationship and marriage. Witnesses can be contacted by an immigration officer.

● Documents any criminal history if you have ever been detained or arrested by law enforcement officers in the United States or abroad.

If you are filing your Form I-751 separately, you will need to submit additional documents, along with evidence of your relationship, depending on the particular circumstances, as follows:
● A death certificate if your spouse has died.
● Divorce papers if the marriage has ended.
● Evidence of abuse by violence or cruelty, such as:
o Reports or records from police, courts, medical facilities, social workers, or school officials.
o Photographs of injuries.
o Legal documentation showing that you took steps to stop the abuse or seek protection.
o Proof of the extreme hardship you would face if you had to leave the United States if you are seeking asylum.

Improve your chances of approval

Some people try to circumvent U.S. immigration laws to enter the country, which is why USCIS scrutinizes each I-751 form before removing conditions on a green card. You don't want to risk a denial, so working with a dedicated, Spanish-speaking immigration attorney can make all the difference.
In Immigration Universe, our attorneys will ensure that your form contains everything necessary and is filled out correctly to increase your chances of approval. Contact our office today email or call +1 (407) 818-1244 to speak with our team and find out how we can help you!