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Application to Remove Conditional Resident Status (for Green Card Based on Marriage)

Form I-751 Apply to Remove Conditional Permanent Resident Status (from Marriage)

Form I-751 Remove Conditional Permanent Resident Status Green Card Marriage Wife Husband

THIS ARTICLE
  1. If you are filing a joint application with your wife or husband

  2. If you are a widow or a widower

  3. If your marriage was terminated other than by the death of your husband or wife

  4. If you or your child were battered or subjected to extreme mental cruelty by your husband or wife

  5. If you are a child filing separately from your parents

Read the instructions on the immigration form carefully. Petitions should be sent to the USCIS Service Center that serves the area where you live.  Immigration forms are available online, or by calling 1-800-870-3676, or by submitting an online request to receive immigration forms by mail. Further information on immigration forms, filing fees, and fee waivers is available in USCIS Forms / INS Forms and Other US Immigration Forms, Fees & Filing Locations.

For more information, return to: Removing Conditional Resident Status (for Marriage-Based Green Card)

 


1. If you are filing a joint application with your wife or husband, you must submit the following:

  • USCIS Form I-751 (Petition to Remove the Conditions on Residence) signed by both you and your wife or husband

  • Copy of Green Card (USCIS Form I-551 Permanent Resident Card)

  • Evidence that you did not get married to evade the immigration laws of the United States. Examples of such evidence includes, but is not limited to:

    • Leases showing that you and your wife or husband live in the same place
    • Documents that prove that you and your wife or husband own property together
    • Birth certificates of your children

 


2. If you are a widow or a widower, you must submit the following:

  • USCIS Form I-751 (Petition to Remove the Conditions on Residence)

  • Copy of Green Card (USCIS Form I-551 Permanent Resident Card)

  • Evidence that you did not get married to evade the immigration laws of the United States. Examples of such evidence includes, but is not limited to:

    • Leases showing that you and your wife or husband lived in the same place
    • Documents that prove that you and your wife or husband owned property together
    • Birth certificates of your children
    • Copy of your wife or husband's death certificate.

 


3. If your marriage was terminated other than by the death of your husband or wife, you must submit the following:

  • USCIS Form I-751 (Petition to Remove the Conditions on Residence)

  • Copy of Green Card (USCIS Form I-551 Permanent Resident Card)

  • Evidence that you entered in the marriage in good faith, and not to evade the immigration laws of the United States. Examples of such evidence includes, but is not limited to:

    • Leases showing that you and your husband or wife lived in the same place
    • Documents that prove that you and your husband or wife owned property together
    • Birth certificates of your children
    • Copy of your divorce or annulment decree
    • Evidence that you were not at fault in failing to file the petition on time, if applicable.

 


4. If you or your child were battered or subjected to extreme mental cruelty by your husband or wife, you must submit the following:

  • USCIS Form I-751 (Petition to Remove the Conditions on Residence)

  • Copy of Green Card (USCIS Form I-551 Permanent Resident Card)

  • Evidence that you entered the marriage in good faith and not to evade the immigration laws of the United States. Examples of such evidence includes, but is not limited to:

    • Leases showing that you and your husband or wife lived in the same place
    • Documents that prove that you and your husband or wife owned property together
    • Birth certificates of your children; or
    • Expert testimony proving that you or your child were battered or subjected to extreme mental cruelty. Examples of such testimony includes, but is not limited to:
      • Copies of police and medical records detailing evidence of physical abuse
      • Evaluations by clinical social workers and psychologists showing evidence of mental cruelty
      • Copy of your divorce decree if your marriage was terminated because of physical abuse or mental cruelty.
    • Evidence that you were not at fault in failing to file the petition on time, if applicable.
    • Evidence that the termination of your conditional resident status and your removal from the country will cause you extreme hardship, includes but is not limited to the following:

However you should note that in evaluating the claim that your removal from the United States will cause you extreme hardship, the USCIS will only consider factors which arose after the date you obtained your conditional permanent residence (Green Card).

 


5. If you are a child filing separately from your parents to remove the conditions on your permanent residence, you must submit the following:

 

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