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Petition to Remove Conditions on Residence
Removal of Conditional -is used by conditional permanent residents who obtained their two-year Green Card through marriage to a U.S. citizen or lawful permanent resident. It allows the applicant to remove the conditions on their residency and obtain a 10-year Green Card by proving the marriage is genuine and was not entered into for immigration purposes.
Who Qualifies?
- Individuals who received a two-year conditional Green Card through marriage to a U.S. citizen or lawful permanent resident.
- Applicants whose marriage was less than two years old when they received their conditional Green Card.
- Couples who are still married and can file jointly to prove the marriage is genuine and ongoing.
- Individuals who can file alone (with a waiver) if:
- The marriage ended in divorce or annulment
- The U.S. citizen or permanent resident spouse has passed away
- The applicant experienced abuse or extreme hardship
- Applicants who file within 90 days before the conditional Green Card expires.
- Late filers may still qualify if they provide a valid explanation and evidence for the delay.
Key Requirements & Documentation
Below is a non-exhaustive list of typical documents and requirements for Petition to Remove Conditions on Residence.
Form I-751
Completed and signed Petition to Remove Conditions on Residence filed jointly by the spouses, or individually with waiver.
Proof of Conditional Residence
Copy of front and back of conditional green card (Form I-551).
Proof of Ongoing Marriage
Documents showing a bona fide marriage, such as joint leases, bank statements, insurance, tax policies, birth certificates of children, etc.
Marriage Certificate
Certified copy of the marriage certificate establishing the spousal relationship.
Evidence for Waiver Request
If filing with a waiver, evidence such as divorce or annulment decree, abuse documentation, or hardship proof.
Filing Fee
Include the correct USCIS filing fee and biometrics fee (check current fee schedule).
Translations
Any non-English documents must include a certified English translation.
Optional Supporting Documents
Affidavits from friends or family, joint utility bills, or other evidence of marital relationship.