A conditional green card expires in 2 years. Holders need to take one more step before they can live freely as permanent residents.
That step is filing Form I-751, the Petition to Remove Conditions on Residence.
Filing the form isn’t optional for conditional green card holders. If you don’t file it before your conditional green card expires, you lose your status. An expired status could lead to removal proceedings and a whole lot of stress.
Use of Form I-751
Form I-751 is what turns your two-year conditional green card into a regular 10-year card. It is how you upgrade from temporary status to permanent status.
USCIS uses it to check that your marriage is genuine and wasn’t just for immigration benefits. If you were married for less than 2 years when your green card was approved, you are automatically given a conditional card.
Note: If your conditional green card came through investment instead of marriage, this form isn’t for you. You’ll file Form I-829 instead.
How to Determine If You Are to File
If your card shows “CR1” under “Category,” you have a conditional green card and need to file Form I-751.
The rule is simple: if you were married less than two years when your green card was issued, it’s conditional. So, you must file before it expires.
Usually, you and your spouse file the form together. But there are exceptions. You can get a waiver, and USCIS allows it, so you’re not trapped in a bad or unfair situation.
When to File
If you’re still married and filing together, you’ve got a 90-day window before your conditional green card expires. So, if it expires May 1, 2027, you can file anytime after February 1, 2027, but no later than May 1.
If you’re filing alone, you can file anytime after getting your conditional card. This applies if your spouse passed away, the marriage ended, or there was abuse.
If your green card has already expired, you may still be able to file, but you’ll need to show extraordinary circumstances. It has to be something that is beyond your control.
USCIS will decide if your reason is strong enough.
How the I-751 Waiver Works
Sometimes, life doesn’t go as planned. Maybe the marriage didn’t last, or things got complicated. That’s why there’s a waiver option.
If you can’t file jointly, you can request a waiver of the joint filing requirement. It applies when:
- You’re divorced or annulled, but your marriage was legit
- You or your child faced abuse or extreme cruelty
- Your spouse died
- You’d face extreme hardship if removed from the U.S.
You’ll need to include proof, such as divorce papers, police or medical reports, affidavits from friends, or anything that supports your story.
Even if you qualify for a waiver, USCIS still checks if your marriage was real. Once approved, you’ll get a 10-year green card and finally lose the “conditional” tag.
What You Should Include with Form I-751
This form doesn’t stand alone. You have to back it up with evidence. Here’s what to include:
- Copy of the front and back of your current green card (and your kids’, if applicable)
- Proof that your marriage is genuine, such as:
– Joint lease or mortgage
– Shared bank statements
– Joint tax returns
– Birth certificates of kids born during the marriage
– Photos, mail, or affidavits from friends and family
- Documents to explain why you’re filing alone: divorce decree, death certificate, or abuse records
- A written explanation if you’re filing late
- Any info about criminal charges or convictions since getting your green card
USCIS wants to see that your marriage wasn’t just on paper, it was real life. The more solid proof you send, the better.
After You File
Once USCIS gets your Form I-751, they’ll send a receipt notice (Form I-797). Keep it safe as it’s proof you filed.
That notice also extends your green card for 24 months, so you stay in status while your case is being processed.
Sometimes, USCIS asks for more evidence or calls you in for an interview. If everything checks out, you’ll get your new 10-year green card, no more conditions attached.
Get Help at ImmigrationQuestion.com
Do you need help on how to prove your marriage, need help with a waiver, or just want to understand the process better? Head over to ImmigrationQuestion.com.
At ImmigrationQuestion.com, you can ask your immigration questions for free and get answers from licensed immigration attorneys. Built by Immigration attorneys for U.S. visa applicants and immigrants.
Frequently Asked Questions
What does “removing conditions” on a green card mean?
It means upgrading your 2-year conditional green card to a 10-year regular green card. You’ll do this by filing Form I-751. Once approved, you become a full, lawful permanent resident with a renewable 10-year green card.
When should I file Form I-751?
If you’re married and filing jointly, file during the 90 days before your conditional green card expires. If you’re filing alone because of divorce, abuse, or your spouse’s death, you can file anytime after receiving your conditional green card. But it’s best not to wait till after it expires.
What happens if I miss the filing deadline?
If your green card expires and you haven’t filed Form I-751, your permanent resident status ends automatically. USCIS can also start removal proceedings.
Can I travel while Form I-751 is pending?
Once you file, you’ll get a receipt notice that extends your green card for 24 months.
You can travel and re-enter the U.S. with that notice, your expired green card, and your passport. But if your case is complicated, like a pending waiver or divorce, it’s best to speak with an attorney on the ImmigrationQuestion.com network.
Do I need an interview for Form I-751?
USCIS might schedule an interview to confirm your marriage was real, especially if your documents don’t paint a clear picture or if you filed for a waiver.
If your application is well-documented, USCIS can skip the interview.
What kind of evidence should I include with my I-751?
Think of anything that shows a real, shared life, like joint leases, bank statements, insurance policies, birth certificates of kids, shared utility bills, or even vacation photos.
The goal is to show USCIS that your marriage wasn’t for immigration purposes.
What happens after Form I-751 is approved
Once USCIS approves your petition, you’ll get a 10-year green card.
You’ll no longer be a conditional resident, and you can renew it like any other permanent resident card every 10 years.
Can I apply for U.S. citizenship after filing Form I-751?
If you’re married to a U.S. citizen, you can apply for naturalization once you’ve been a permanent resident for 3 years.
Just make sure your marriage is still valid when you apply.
Where can I get reliable help with Form I-751?
You can visit ImmigrationQuestion.com for immigration updates, tips, and your filing questions. It’s built for people looking for help with their immigration processes.
