January 4, 2026
- Updated filing fee to $750 effective January 1, 2026 (now includes biometrics)
- Revised USCIS processing time range to 12–33 months (many cases 17–20 months)
- Clarified receipt notice now extends status for up to 48 months and typical receipt arrival time (4–6 weeks)
- Emphasized strict enforcement of the 90-day filing window and added practical timing tips (mark ~100 days)
- Noted that strong initial evidence increases interview waivers and advised continuing evidence collection during pendency
Form I-751 is the required petition that turns a two-year, marriage-based conditional green card into a 10-year card. In 2026, the filing fee is $750 and USCIS processing times commonly run 12–33 months, so timing and paperwork matter.

Filing on time keeps you in permanent resident status while USCIS reviews your case. Once USCIS accepts the packet, your receipt notice on Form I-797 extends your resident status for up to 48 months, and you may use it with your expired card for work and travel. According to analysis by VisaVerge.com, strong initial evidence now leads to more interview waivers.
The 90-day filing window you must hit
USCIS only accepts I-751 filings during the 90 days before the expiration date printed on your conditional green card. File earlier and the agency often rejects the packet and mails it back, which can burn weeks. File late and USCIS can treat your status as terminated, unless you show good cause for the delay.
Good cause means a real, documented reason, such as:
- A serious medical emergency.
- A natural disaster that disrupted mail.
- Evidence of abuse that made filing unsafe.
Practical tips:
– Mark your calendar about 100 days before expiration so you have time to collect records and get signatures, but still mail inside the permitted window.
– If you plan international travel near the expiration date, give extra mailing time so your receipt arrives before you fly.
– USCIS backlogs mean the receipt extension often becomes your main proof of status for several years—keep the original notice and make copies for your records.
Filing outside the 90-day window risks rejection or loss of status unless you present compelling, documented good cause.
Who should file I-751, and who should not
You must file if you received a two-year conditional green card through marriage, often shown as CR1 or CR2 on the card. The petition is how USCIS checks that the marriage was bona fide—that you entered it in good faith and built a real life together.
- Most couples file jointly, with both spouses signing.
- Children who gained conditional status through the same marriage, at the same time or within 90 days, can usually be included on the same petition.
- You can also file alone using a waiver if:
- The marriage ended in divorce or annulment.
- Your spouse died.
- You suffered battery or extreme cruelty.
- You would face extreme hardship if removed from the United States 🇺🇸.
You do not file I-751 if you already have a 10-year green card, or if your conditional status came through a non-marriage program.
2026 filing fee rules, and when waivers apply
For petitions postmarked on or after January 1, 2026, USCIS lists the I-751 filing fee as $750. That single amount now includes biometrics, replacing the older structure of $595 plus an $85 biometrics fee.
Paying the exact amount matters: a wrong fee leads to rejection and can push you outside the 90-day window.
Fee waivers:
– Available for some people facing financial hardship.
– May apply to some recipients of means-tested public benefits.
– Some military families may be eligible.
– Confirm eligibility before mailing.
Use the official USCIS form page to download the current edition, read instructions, confirm the filing fee, and find the correct mailing address for your location: https://www.uscis.gov/i-751
Evidence that shows a real marriage, or supports a waiver
USCIS expects a clear, consistent story across the full marriage—not a last-minute stack of unrelated documents. Aim for records that repeat the same facts, like shared address, shared money, and shared plans.
Strong packets usually include several of these categories:
- Joint tax returns or IRS transcripts; bank or credit card statements in both names.
- Leases or mortgages, utility bills, car titles, and insurance policies listing you as spouses or beneficiaries.
- Children’s birth certificates showing both parents (if applicable).
- Photos and travel records with dates and locations, showing you together and with family or friends.
- Affidavits from people who know you as a couple, with contact details and a short description of your shared life.
If filing a waiver, tailor your evidence to the waiver ground:
- Divorce waivers: final divorce decree + proof the marriage was real while it existed.
- Abuse waivers: police reports, protective orders, medical or therapy records, threatening messages.
- Death waivers: death certificate + prior joint records.
A four-stage I-751 journey, from preparation to decision
Think of the process as four stages, each with its own deadlines and stress points:
- Prepare
– Collect records covering the whole marriage.
– Draft a cover letter that lists exhibits by date and type.
2. Complete and sign
– Fill out Form I-751.
– Include any eligible children.
– Ensure every required signature is in ink.
3. Pay and mail
– Attach the correct payment for the $750 filing fee.
– Mail to the USCIS address for your state using tracking.
4. Respond and wait
– Attend biometrics if scheduled.
– Answer any Request for Evidence (RFE) by the due date.
– Keep building new proof until USCIS makes a decision.
What happens after USCIS cashes your payment
- Many applicants get the receipt notice in about 4–6 weeks.
- The receipt confirms USCIS accepted the filing and extends your status for up to 48 months past the card expiration date.
- For employers: the receipt plus your expired green card works for Form I-9 reverification.
- For travel: carry the expired card, the receipt, and your passport; expect airline staff to scrutinize the extension language.
Biometrics:
– USCIS may reuse fingerprints already on file, or schedule a biometrics appointment.
– Even though the fee includes biometrics, missing the appointment can stall the case.
Address reporting:
– Keep your address current. USCIS expects moves reported within 10 days.
– Returned mail is a common reason people miss RFEs or interview notices.
Processing times in early 2026, and how to plan your life
USCIS processing times for I-751 vary by service center and case type. As of early 2026, reported ranges run 12–33 months, with many cases clustering around 17–20 months.
- Joint filings often finish sooner than waivers when records match and you lived together.
- Waivers have also sped up in recent months, but can still take longer.
- Plan for delays in jobs and travel, and keep adding monthly proof because USCIS may ask for updates.
If you are eligible for naturalization, filing Form N-400 while I-751 is pending often leads USCIS to decide both together, which can shorten the overall timeline for long-pending petitions.
Quick reference table
| Item | Typical timeframe / amount |
|---|---|
| Filing window | 90 days before card expiration |
| 2026 filing fee | $750 (includes biometrics) |
| Receipt notice arrival | ~4–6 weeks |
| Receipt extension length | Up to 48 months past expiration |
| Reported processing times (early 2026) | 12–33 months (many 17–20 months) |
| Address change reporting | Within 10 days to USCIS |
Interviews, RFEs, and the fastest ways cases slow down
USCIS waives many interviews when the file is clean and well organized, but an interview can still happen for joint cases or waivers. Treat every filing as interview-ready.
Interview preparation:
– Bring originals and updates: recent joint statements, lease renewals, new photos.
– Expect basic questions about daily routines, shared holidays, and major events since you got the conditional card.
RFEs:
– A Request for Evidence is the most common reason for delay.
– Reply by the deadline with a clear index and only the documents USCIS asked for, unless a brief explanation is necessary for context.
Observed patterns:
– Late 2025 reports described cases filed in 2024 reaching interviews by December 2025 after a joint petition converted to a divorce waiver. That suggests USCIS sometimes moves older files once the waiver basis is clarified.
Important: A clean, well-indexed packet and timely responses to RFEs or biometrics appointments are the fastest ways to avoid delays and reduce the likelihood of an interview.
This guide outlines the 2026 requirements for Form I-751, the petition to remove conditions on residence. It highlights the $750 fee, the critical 90-day filing window, and the 48-month status extension provided upon receipt. The article details the types of evidence needed to prove a valid marriage, options for filing alone via waivers, and current processing timelines that often range between 17 and 20 months.
