
While most Green Cards last ten years and can be renewed as needed, those granted through a marriage of less than two years are only valid for two. These are known as conditional Green Cards, and they require an additional step to maintain your lawful status.
This guide explains how to file Form I-751, the Petition to Remove the Conditions on Residence, and obtain a permanent ten-year Green Card. It also covers USCIS processing times, filing fees, and the supporting documents you’ll need to submit, helping you avoid delays or denials during the I-751 process.
Gozel Law Firm assists with Form I-751 filing, evidence, and waiver strategy. Conctact us.
Form I-751, officially titled the "Petition to Remove the Conditions on Residence," is an immigration form used by conditional permanent residents to renew and upgrade their two-year green card.
If, at the time your Green Card was approved, you had been married for less than two years, USCIS granted you conditional permanent resident status (CR-1) valid for two years instead of the standard ten-year Green Card.
This condition isn’t automatically removed. You must file Form I-751 with U.S. Citizenship and Immigration Services (USCIS) to demonstrate that your marriage was entered into in good faith and remains genuine, not solely immigration purposes.
You usually file this form with your spouse. However, if your marriage has ended, you can request removal of the conditions on your green card by filing the form individually and providing evidence that your relationship was honest when it began.
Once approved, your status converts from a conditional two-year green card to a permanent ten-year green card that can be renewed indefinitely.
Failing to file Form I-751 on time may cause your lawful permanent resident status to expire, which could result in the loss of your immigration benefits. Therefore, it is critical to understand how and when to file Form I-751 to maintain continuous legal status in the United States.
Filing Form I-751 on time is essential to avoid losing your conditional resident status. The correct filing window depends on whether you’re applying jointly with your spouse or individually.
File Form I-751 within 90 days of your conditional green card's expiration date.
For example: If your card expires on April 1, 2026, you may file anytime from January 1 to April 1, 2026.
If your marriage ended through divorce, annulment, or your spouse’s death, or if you experienced abuse, you can file Form I-751 at any time after receiving conditional residence.
A waiver allows a conditional Green Card holder to file Form I-751 without their spouse’s signature when the marriage has ended or other qualifying circumstances exist.
You may request a waiver:
- If your marriage ended due to divorce, annulment, or the death of your spouse,
- You or your child have experienced serious mistreatment or abuse,
- You would face serious difficulties if you were required to leave the United States.
Note that waiver cases require strong evidence that your marriage was genuine when it began, even if it later ended.
USCIS may accept a late filing only in "extraordinary circumstances." Include a written statement explaining why you could not file earlier. Approval is not guaranteed, so meeting the deadline is strongly recommended.
Our immigration attorneys ensure your Form I-751 is correctly filed before expiration to prevent loss of status.
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There are several key steps in the Form I-751 process, from preparing your supporting evidence to submitting the petition to U.S. Citizenship and Immigration Services (USCIS).
Follow this sequence to ensure your filing is accurate, complete, and submitted on time.
Gather evidence proving that your marriage is genuine and ongoing, such as joint leases, bank statements, insurance policies, tax returns, and photographs.
This form collects your biographical information and the basis for your petition. It includes sections for:
You can type your responses and print the completed form or print it blank and complete it by hand in black ink.
Include the filing and biometrics fees (or submit a fee-waiver request with Form I-912 if you are eligible). Payments can be made by check, money order, or credit card using Form G-1450.
Send the form, supporting documents, and fees to the appropriate USCIS Lockbox facility for your state. Always verify the current address before mailing.
USCIS will issue Form I-797C, which extends your green card for 48 months while your petition is under review. During this period, you can continue working legally, travel abroad, and re-enter the United States using your expired Green Card together with the I-797C receipt notice as proof of valid status.
Attend your biometrics appointment at the scheduled Application Support Center, and respond to any Request for Evidence (RFE) that may be issued.
If your application is approved, you will receive a 10-year permanent green card. In some cases, USCIS may request an interview before final approval.
Filing a well-prepared Form I-751 minimizes delays and RFE risks.
Email us to have our attorneys review your petition before submission.
As of 2025, the USCIS filing fee for Form I-751 is $750. Applicants who can proe financial hardship, who receive means-tested public benefits, or who have a qualifying low household income may request a I-751 fee waiver.
The i-751 lawyer fee or attorney fee can vary depending on factors like the complexity of your case, whether you are filing jointly or under a waiver, and the amount of supporting documentation required. Each case is unique, so the cost is determined after an individual consultation.
Payments can be made by money order, personal check, or cashier’s check. If you’re filing through a USCIS Lockbox, you may also use a credit card by submitting Form G-1450 (Authorization for Credit Card Transactions). Before sending your application, always confirm the most recent fee on the official USCIS Fee Schedule page.
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When mailing Form I-751, include copies of your current green card (front and back), as well as the cards of any children included in the petition.
Proof of a Genuine Marriage: Provide evidence showing that your marriage was entered into in good faith and not for immigration purposes.
Joint lease or mortgage showing both names
Joint bank statements or tax returns
Insurance policies covering both spouses
Birth certificates of children born after marriage
Photos together with family or friends
Affidavits from relatives or friends confirming your relationship
If you are filing without your spouse (waiver case): Include documents that support your reason for filing individually, such as a divorce decree, death certificate, or proof of abuse (VAWA). You must also provide evidence that your marriage was genuine when it began.
If you’re filing late, include a short written explanation describing the reason for the delay.
If you’ve had any criminal charges or convictions since receiving your CR-1 Green Card, attach certified court or police records.
And if you’re filing from overseas due to military or government service, be sure to include copies of your official orders and any related documentation.
The USCIS I-751 processing time can vary depending on the service center handling your case and whether you filed jointly or requested a waiver. As of 2025, the median processing time is around 21 months, and most cases take between 21 to 24 months to be fully adjudicated. Some cases may be processed more quickly, while others, especially those involving waivers or missing evidence, can take longer.
After submitting your I-751 petition, USCIS will send you Form I-797C, the Receipt Notice, confirming receipt of your application. This notice automatically extends your conditional green card for 48 months beyond its expiration date. You can track your case's progress at any time using the receipt number listed on your notice on the USCIS Case Status Online page. The number starts with three letters, such as SRC, WAC, LIN, or EAC.
Once your petition is approved, USCIS will issue you a 10-year permanent green card, officially removing the conditions on your residence.
If your petition requires additional review, USCIS may schedule a biometrics appointment or an interview before making a final decision.
Not every applicant will be called for an interview after filing Form I-751. May I-751 interview waived by USCIS, if your petition clearly proves that your marriage was entered in good faith and your supporting evidence is strong.
You are more likely to be called for an interview if:
- You filed an I-751 waiver due to divorce, the death of a spouse, or abuse.
- Your documents contain inconsistencies or missing evidence; or
- USCIS needs to verify details about your relationship or shared life.
If you receive an interview notice, you and your spouse, if applicable, must attend and bring original copies of all documents previously submitted. The officer may ask questions about your relationship history, daily routine, or future plans together.
For a detailed breakdown of what to expect, including common interview questions, preparation tips, and real examples, read our full guide here:
I-751 Interview Questions: How to Prepare for the Removal of Conditions Interview
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As of 2025, the median processing time is about 21 months, with most cases taking 21-24 months depending on the USCIS service center and case type.
Yes. The Form I-797C receipt notice automatically extends your Green Card for 48 months, allowing you to work legally and travel abroad while your petition is under review.
Once approved, USCIS issues a 10-year permanent Green Card, officially removing the conditions on your residence. You can then renew this card every 10 years as needed.
File as soon as possible and include a written explanation describing the reason for your late submission. USCIS may accept late filings if there were extraordinary circumstances and the delay was reasonable.
Yes. You may qualify for a waiver if your marriage ended due to divorce, death of your spouse, or if you experienced abuse or extreme cruelty. You must still provide proof that your marriage was genuine when it began.
The USCIS filing fee is $750. Applicants facing extreme financial struggling may submit Form I-912 to request a fee waiver. Always confirm the latest fee on the official USCIS Fee Schedule.
If your Form I-751 petition is denied, your conditional resident status ends immediately. USCIS will usually send your case to immigration court for removal proceedings, where you can ask a judge to review the decision. If you’re outside the United States when your I-751 is denied, you generally cannot re-enter using your expired Green Card or receipt notice. You’ll need to contact a U.S. consulate before returning. Once denied, your work authorization also ends, since your status as a permanent resident is no longer valid.
An RFE (Request for Evidence) is a notice from USCIS asking for additional documents to verify your case. Common reasons include missing joint evidence, inconsistent financial records, or unsigned forms. Respond by the deadline listed on the notice; failure to reply can lead to I-751 denial. Providing complete and organized evidence at the start of your case is the best way to avoid an RFE.
I-751 waiver petitions often take longer than joint filings because USCIS reviews them more closely. As of 2025, the average I-751 waiver processing time is around 22 26 months, depending on the service center and case complexity. You can check real-time estimates for your location using the USCIS Processing Times tool.
Filing Form I-751 can be straightforward for some, but complex or waiver-based petitions often require strategic legal support.
Working with an experienced immigration attorney can help you avoid RFEs, delays, or denials, especially if you’re filing individually, after divorce, or from abroad.
At Gozel Law Firm, our team has extensive experience guiding clients through I-751 waiver filings, denials, and reapplications, ensuring every petition is well-documented and submitted correctly.
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