Marriage-based green card holders are initially granted conditional residence, which is valid for two years. To remove these conditions and obtain a permanent green card, they must file Form I-751, Petition to Remove Conditions on Residence. This process can be complex and requires careful attention to detail. In this article, we will provide a comprehensive I-751 checklist to help guide you through the process.
Eligibility to File Form I-751
To be eligible to file Form I-751, you must meet the following requirements:
- You are a conditional resident with a green card that is valid for two years.
- You are still married to the same U.S. citizen or permanent resident who sponsored your initial green card application.
- You and your spouse are still living together.
- You have not been divorced or had your marriage annulled.
Required Documents
To support your Form I-751 petition, you will need to gather various documents, including:
- A copy of your conditional green card
- A copy of your marriage certificate
- Proof of your joint residence, such as:
- Lease agreements
- Bank statements
- Utility bills
- Tax returns
- Proof of your marriage's bona fides, such as:
- Photographs
- Joint bank accounts
- Affidavits from friends and family members
- Evidence of any changes in your name or address
Filing Form I-751
To file Form I-751, you will need to:
- Complete the form accurately and thoroughly
- Sign the form
- Attach all required documents
- Pay the filing fee
- Submit the petition to the USCIS
USCIS Filing Fees
The USCIS filing fee for Form I-751 is currently $595. You may also need to pay an additional $85 biometric services fee.
USCIS Processing Times
USCIS processing times for Form I-751 vary depending on the workload of the service center. You can check the current processing times on the USCIS website.
What to Expect After Filing
After filing Form I-751, you can expect the following:
- USCIS will review your petition and may request additional evidence or information.
- You will be scheduled for a biometrics appointment, where your fingerprints and photograph will be taken.
- USCIS will make a decision on your petition and notify you in writing.
Common Issues with Form I-751
Some common issues that may arise with Form I-751 include:
- Insufficient evidence of a bona fide marriage
- Failure to file the petition within the required timeframe
- Incorrect or incomplete information on the form
- Failure to attend the biometrics appointment
Consequences of a Denied Petition
If your Form I-751 petition is denied, you may face the following consequences:
- Your conditional residence will be terminated
- You may be placed in removal proceedings
- You may be ineligible for future immigration benefits
Tips for a Successful Petition
To increase your chances of a successful petition, follow these tips:
- Carefully review the form and instructions before filing
- Ensure you have all required documents and evidence
- File the petition well in advance of the deadline
- Consider consulting with an immigration attorney
Conclusion
Filing Form I-751 can be a complex and time-consuming process. By following this I-751 checklist and understanding the requirements and potential issues, you can increase your chances of a successful petition. Remember to carefully review the form and instructions, gather all required documents, and file the petition well in advance of the deadline.
What is the purpose of Form I-751?
+Form I-751 is used to remove the conditions on a conditional resident's green card, allowing them to obtain a permanent green card.
Who is eligible to file Form I-751?
+Conditional residents who are still married to the same U.S. citizen or permanent resident who sponsored their initial green card application are eligible to file Form I-751.
What documents are required to support a Form I-751 petition?
+Required documents include a copy of the conditional green card, a copy of the marriage certificate, proof of joint residence, and proof of the marriage's bona fides.