I-751 Petitions to Remove Conditions

General Qualifications for Removing Conditions

A spouse who gets permanent residence through a marriage under 2 years old receives conditional residence for 2 years. To remove the conditions, the conditional resident files Form I-751, usually jointly with the U.S. citizen or green card holder spouse, in the 90 days before the card expires. USCIS accepts Form I-751 online or by mail.

A conditional resident may instead request a waiver of the joint filing requirement based on the spouse's death, divorce or annulment after a good-faith marriage, battery or extreme cruelty, or extreme hardship. A properly filed I-751 extends status and work authorization for 48 months. Failing to file terminates conditional status, and USCIS may issue a Notice to Appear.

Clients This Case Type Helps

• Conditional residents still married to the petitioning spouse
• Conditional residents who are divorced or whose marriage was annulled
• Widows and widowers of the petitioning spouse
• Conditional residents abused by their spouse, and abused children
• Conditional resident children filing with a parent or on their own
• Late filers who need to show good cause

General Qualifications

• Conditional permanent residence was obtained through marriage to a U.S. citizen or lawful permanent resident.
• The marriage was entered in good faith, not to evade immigration laws, with evidence from the wedding date to the present.
• Joint petitions: still married and filed with the spouse in the 90 days before the conditional card expires.
• Waivers: spouse's death, divorce or annulment after a good-faith marriage, battery or extreme cruelty, or extreme hardship.
• Children who got conditional status with the parent, or within 90 days, may be included. Others file a separate I-751.
• A late joint petition needs a written explanation of good cause for the delay.

Consultation Screening Questions

1. When does the conditional green card expire, and are we inside the 90-day window?
2. Are you still married and living with your spouse? Will your spouse sign a joint petition?
3. If not, did the marriage end by divorce, annulment or death, or has there been abuse?
4. What evidence shows a shared life since the wedding: leases, accounts, taxes, children?
5. Do you have any arrests, charges or convictions since getting the green card?
6. Are conditional resident children included, and when did they get status?
7. Is it safe to contact you at home, and what is the safest way to reach you?

General information based on USCIS and other government guidance. Eligibility depends on each client’s facts; this is not legal advice.