Mahaprasad Nanda

If you obtained your Green Card through marriage to a U.S. citizen or lawful permanent resident, you initially receive a conditional Green Card valid for two years.1 To remove these conditions and obtain a permanent Green Card, you must file Form I-751, Petition to Remove Conditions on Residence.2

Here's a breakdown of the process:

1. Filing Period:

• You must file Form I-751 within the 90-day period immediately before your conditional Green Card expires.3The expiration date is printed on your card.4
• Filing too early or too late can lead to rejection or denial of your petition.5

2. Who Files:

• Generally, you and your U.S. citizen or lawful permanent resident spouse must file the petition jointly.6 This demonstrates that you are still in a bona fide (genuine) marriage.

3. What to Include with Form I-751:

• Completed and signed Form I-751: Ensure all information is accurate and complete.7
• Copy of your conditional Green Card: Include copies of both the front and back of your card.8
• Evidence of your bona fide marriage: This is the most crucial part of the process. You need to provide evidence that your marriage is real and not just for immigration purposes.9 Examples of evidence include:
  • Joint ownership of property: Mortgage or deed showing both names.10
  • Joint leases or rental agreements: Showing shared residence.
  • Joint financial records: Bank accounts, credit card statements, insurance policies showing both names.11
  • Birth certificates of children born to the marriage.
  • Affidavits from friends and family: Testimonials from people who know your marriage is genuine.
  • Photos of you and your spouse together: Showing various stages of your relationship.
  • Travel itineraries or tickets: Showing joint trips taken together.
  • Utility bills in both names: Showing shared address.

4. If You Cannot File Jointly:

In certain situations, you may be able to file Form I-751 without your spouse. This is possible if:

• Your spouse has passed away.
• You entered the marriage in good faith, but the marriage ended in divorce or annulment.
• You were battered or subjected to extreme cruelty by your U.S. citizen or lawful permanent resident spouse.

In these cases, you will need to provide additional evidence to support your claim.

5. After Filing:

• Receipt Notice: USCIS will send you a receipt notice (Form I-797) acknowledging receipt of your petition.12 This notice extends your conditional resident status for a certain period while your case is pending.
• Biometrics Appointment: You may be scheduled for a biometrics appointment to collect your fingerprints, photograph, and signature.
• Interview (if required): In some cases, USCIS may schedule an interview to further assess your case.13
• Approval or Denial: If your petition is approved, the conditions on your residency will be removed, and you will receive a permanent Green Card valid for 10 years.14 If your petition is denied, you could face deportation proceedings.15

Important Notes:

• Keep copies of everything you submit to USCIS.
• If your address changes while your case is pending, notify USCIS immediately.
• Consult with an immigration attorney if you have any complex issues or concerns about your case.

Where to Find More Information:

• USCIS Website: The USCIS website (uscis.gov) is the best source for official information on removing conditions on residence. You can find Form I-751, filing instructions, and other relevant information there.

By following these steps and providing sufficient evidence of your bona fide marriage, you can successfully remove the conditions on your Green Card and obtain permanent resident status.