PETITION TO REMOVE CONDITIONS ON RESIDENCE FORM I-751

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FORM I-751 

If you were granted conditional resident status through marriage to a U.S. citizen or lawful permanent resident, use Form I-751, Petition to Remove Conditions on Residence, to file for the removal of those conditions.

WHO MAY FILE FORM I-751?

If you have dependent children who acquired conditional resident status on the same day as you or within 90 days thereafter, then include the names of these children in Form I-751 in order to request that the conditions on their status be removed as well. If you have dependent children who did not acquire conditional resident status on the same day as you or within 90 days thereafter, or if the conditional resident parent is deceased, then those dependent children must each file Form I-751 separately to have the conditions on their status removed.

Filing jointly. If you are filing this petition jointly with your spouse, then file Form I-751 jointly with your spouse through whom you obtained conditional status. You must file it during the 90-day period immediately before your conditional residence expires.

Filing with a request that the joint filing requirement be waived or individually filed. You may file Form I-751 without your spouse if they are deceased, you are divorced, or you and/or your conditional resident child were battered or subjected to extreme cruelty. You may file this petition at any time after you are granted conditional resident status and before you are removed from the United States. You may file Form I-751 without your spouse if:

  1. You entered the marriage in good faith, but your spouse subsequently died;
  2. You entered the marriage in good faith, but the marriage was later terminated due to divorce or annulment;
  3. You entered the marriage in good faith, but you have been battered or subject to extreme cruelty by your petitioning spouse; or
  4. Your conditional resident parent entered the marriage in good faith, but you have been battered or subject to extreme cruelty by your parent’s U.S. citizen or lawful permanent resident spouse or by your conditional resident parent; or
  5. The termination of your status and removal from the United States would result in extreme hardship.

HOW TO FILL THE FORM I-751?

Answer all questions fully and accurately. If a question does not apply to you (for example, if you have never been married and the question asks “Provide the name of your current spouse”), type or print “N/A,” unless otherwise directed. If your answer to a question which requires a numeric response is zero or none (for example, “How many children do you have” or “How many times have you departed the United States”), type or print “None,” unless otherwise directed.

DOCUMENT CHECKLIST

You must file your petition with following:

  • a copy of your permanent resident card or alien registration card, and
  • a copy of the permanent resident or alien registration cards of your conditional resident children that you are including in your petition. 

Submit copies of both front and back sides of the card.

Evidence of the Relationship

Submit copies of documents indicating that the marriage upon which you were granted conditional status was entered in “good faith” and was not for the purpose of circumventing immigration laws. The documents should include, but are not limited to, the following examples:

  • Birth certificates of children born during the time of this marriage, if any;
  • Lease or mortgage contracts showing joint occupancy and/or ownership of your communal residence;
  • Financial records showing joint ownership of assets and joint responsibility for liabilities, such as joint savings and checking accounts with transaction history, complete joint Federal and State tax returns, insurance policies that show the other spouse as the beneficiary, joint utility bills, or joint installment or other loans. 
  • Other documents that you consider relevant to establish that your marriage was not entered for the purpose of evading U.S. immigration laws; and
  • Affidavits sworn to or affirmed by at least two people who have known both of you since your conditional residence was granted and have personal knowledge of your marriage and relationship. 

If you are filing as an individual due to the death of your spouse, submit a copy of the death certificate with your petition, along with evidence of the qualifying relationship.

If you are filing as an individual because your marriage has been terminated, submit a copy of the final divorce decree or other document terminating or annulling the marriage with your petition, along with evidence of the qualifying relationship.

If you are filing as an individual because you and/or your conditional resident child were battered or subjected to extreme cruelty, submit:

1. Evidence of the abuse, such as copies of reports or official records issued by police, courts, medical personnel, school officials, clergy, social workers, and other social service agency personnel. You may also submit any legal documents relating to an order of protection against the abuser or relating to any legal steps you may have taken to end the abuse.

2. A copy of your divorce decree, if your marriage was terminated by divorce on grounds of physical abuse or extreme cruelty.

If you are filing for a waiver of the joint filing requirement because the termination of your status and removal would result in “extreme hardship,” you must submit evidence that your removal would result in hardship significantly greater than the hardship encountered by other foreign nationals who are removed from this country after extended stays. The evidence must relate only to those factors that arose during the two-year period for which you were admitted as a conditional resident. For a discussion of extreme hardship, please visit this website 

If you are a child filing separately from your parent, submit a full explanation as to why you are filing separately, along with copies of any supporting documentation.

Criminal History

If you have ever been arrested or detained by any law enforcement officer for any reason, either in the United States or abroad, and no charges were filed, submit an original official statement by the arresting agency or applicable court order confirming that no charges were filed.

If you have ever been arrested or detained by any law enforcement officer for any reason, either in the United States or abroad, and charges were filed, or if charges were filed against you without an arrest, submit an original or court-certified copy of the complete arrest record and/or disposition for each incident.

If you have ever been convicted or placed in an alternative sentencing program or rehabilitative program (such as a drug treatment or community service program), submit:

1. An original or court-certified copy of your sentencing record for each incident, and evidence that you completed your sentence, specifically;

A. An original or certified copy of your probation or parole record; or

B. Evidence that you completed an alternative sentencing program, or rehabilitative program;

2. An original or court-certified copy of the court order vacating, setting aside, sealing, expunging, or otherwise removing the arrest or conviction; or

3. If no record is available, an original statement from the court that no record exists of your arrest or conviction.

Exception

Those who reside overseas pursuant to military or government orders, including conditional resident dependents residing overseas and listed under Part 5. (form i-751) Information About Your Children of the petition, must submit the following:

1.   Two 2” x 2” passport-style photos for each petitioner and dependent, regardless of age. Using a pencil or felt pen, lightly print your name and Alien Registration Number (A-Number) (if any) on the back of the photo; AND

2.     Two completed fingerprint cards (Form FD-258) for each petitioner and dependent 14 to 79 years of age. You must write your A-Number on the fingerprint card and ensure that the completed cards are not bent, folded, or creased. The fingerprint cards must be prepared by a U.S. Embassy or U.S. Consulate, USCIS Office, or U.S. military installation.

In order for USCIS to identify filings based on military or government orders, petitioners are required to indicate on top of Form I-751, “ACTIVE MILITARY” or “GOVERNMENT ORDERS” and submit a copy of their current military or government orders.

FORM I-751 FILING INSTRUCTIONS

Where to file ?

If you live in…Then file at…

Alaska American Samoa Arizona California Colorado Florida Guam Hawaii

Idaho Illinois Indiana Iowa Kansas Louisiana Michigan Minnesota Missouri

Montana Nebraska Nevada New Mexico North Dakota Ohio Oklahoma

Oregon South Carolina South Dakota Tennessee Texas Utah Washington

Wisconsin Wyoming

For U.S. Postal Service (USPS):

USCIS California Service Center
P.O. Box 10751
Laguna Niguel, CA 92607-1075
Attn:  I-751

For FedEx, UPS, and DHL deliveries:

24000 Avila Rd.
2nd floor
Laguna Niguel Ca 92677
Attn:  I-751

Alabama Arkansas Connecticut Delaware Washington, D.C.Georgia
Kentucky Maine Maryland Massachusetts Mississippi
New Hampshire New Jersey New York North Carolina
Pennsylvania Puerto Rico Rhode Island Vermont Virginia
U.S. Virgin Islands West Virginia

USCIS Vermont Service Center
75 Lower Welden St.
St. Albans, VT 05479

 

Filing Fee for this petition is $595. All Form I-751 petitions also require an $85 biometric service fee for each person applying to remove conditions on their residence on the same form.

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