Marriage-based conditional residents use the petition to remove conditions. Joint filers must submit it during the 90 days immediately before status expires. Individual filings and waivers have different timing rules, including specific grounds for residents unable to file jointly. USCIS accepts submissions online or by mail.
Checked against USCIS
- Form
- Form I-751
- Fee
- $750 by mail; $700 online, as of November 2026
- Time
- 48-month extension described for a properly filed petition
- Where
- Online through a USCIS account or by mail using the USCIS Direct Filing Addresses page
If you obtained conditional permanent resident status through marriage to a U.S. citizen or lawful permanent resident, use Form I-751 to ask USCIS to remove the conditions on your residence. A joint petition with your spouse is due during the 90 days immediately before conditional residence expires; eligible individual requests and waivers follow different rules.
USCIS accepts the petition online or by mail. Choose the filing basis that fits your circumstances, check the filing date for a joint petition with USCIS’s I-751 page, then submit it online or use the agency’s Direct Filing Addresses for Form I-751 page to find the mailing address.
The filing requirement applies to marriage-based residents seeking to remove conditions, not every person with a conditional card. USCIS describes the petition as the route for a conditional resident whose status came through marriage to a U.S. citizen or lawful permanent resident.
Children may be included in a parent’s petition. In specified situations, a child who was not included in the parent’s petition may file separately with a stepparent. A child’s filing date can differ from the parent’s, so check the applicable rule for the child’s case.
Filing the petition does not itself remove the conditions. Approval does that; immigration-law guidance describes the resulting card as a 10-year card. This is a request to remove conditions, not a routine renewal filing.
File online or by mail with evidence matched to your filing basis
- Choose the basis. Decide whether you and your spouse will file jointly, whether you are making an individual request, or whether you qualify to ask USCIS to waive the joint-filing requirement. Indicate every waiver reason that applies.
- Choose a submission method. File through a USCIS online account, or use the agency’s Direct Filing Addresses for Form I-751 page to identify where to mail the package.
- Follow the evidence checklist for your basis. Include copies of both sides of the conditional green card and the supporting documents that apply to your joint filing or waiver request. Sign the form; USCIS rejects unsigned forms.
- Add overseas-order documents when required. If the petitioner or dependent is filing from outside the United States because the resident, spouse or stepparent is abroad on U.S. military or government orders, include two passport-style photographs for each petitioner and dependent, regardless of age; two completed Form FD-258 fingerprint cards for each petitioner and dependent aged 14 to 79; and a copy of the current orders.
The evidence required depends on the filing basis. A joint petition and a waiver request do not use the same eligibility rationale, so do not assume that documents supporting one basis satisfy another.
Divorce, abuse, hardship or a spouse’s death can change the filing path
A resident who cannot file jointly may request a waiver if the facts fit a recognized ground. The marriage-related waiver grounds have different requirements, and a death is handled as an individual filing request rather than as a divorce waiver.
| Situation | Filing path | Key condition |
|---|---|---|
| Marriage ended in divorce or annulment | Individual waiver request | The marriage must have been entered into in good faith and legally terminated. |
| Petitioning spouse died | Individual filing request | USCIS identifies this as a separate route, not a divorce waiver. |
| Resident experienced battery or extreme cruelty | Waiver request | The qualifying marriage must have been entered into in good faith; divorce is not required. |
| Resident’s child was battered or abused | Parent may request the waiver | The child’s citizenship or immigration status does not determine whether the parent may apply. |
| Removal would cause extreme hardship | Extreme-hardship waiver | This basis does not require proof that the marriage began in good faith. |
For a good-faith marriage waiver after divorce or annulment, USCIS requires a final termination of the marriage. If the petitioning spouse died, the resident should use the individual filing route rather than describe the case as a divorce waiver.
A resident seeking a battery or extreme-cruelty waiver may qualify while still married. A conditional resident parent of a battered or abused child may apply regardless of the child’s citizenship or immigration status. The extreme-hardship basis is distinct: proof of a good-faith marriage is not required for that ground alone.
A resident may generally ask USCIS to change or add a waiver basis by writing to the office that issued the receipt notice or most recent correspondence, or by making the request at an interview. Special procedures apply to abuse-related requests, and some changes require a new petition. The agency’s policy manual describes the filing-basis rules.
The filing window changes with your petition basis
The joint-spouse deadline is tied to the expiration date of the resident’s conditional status. Individual and waiver requests have separate timing rules, and eligible waiver requests may be filed outside the usual joint window. The following dates and periods reflect USCIS’s rules as of November 2026.
| Filing situation | When to file | Result or limit |
|---|---|---|
| Joint petition with spouse | During the 90 days immediately before conditional residence expires | USCIS may reject a joint petition filed before the window opens. |
| Separate joint petition with a stepparent, when the child was not included in the parent’s petition | Any time before the child’s status expires | This child-specific filing does not use the parent’s filing date. |
| Individual request or waiver | USCIS’s form page says to file before status expires; eligible waiver requests may be made before, during or after the 90-day period | A separate limit applies to residents in removal proceedings. |
| Waiver request while in exclusion, deportation or removal proceedings | Before the court issues a final order | The final order ends the period for applying for a waiver. |
For example, if a conditional card expires on Dec. 31, 2027, the earliest filing date for a joint petition is Oct. 2, 2027. Use USCIS’s first-day filing tool to calculate the opening date for your own joint petition rather than estimating it.
An individual request or waiver does not follow the joint-spouse 90-day schedule in the same way. USCIS’s form page says an individual waiver request may be filed before status expires, while its policy manual also allows eligible waiver requests before, during or after the 90-day period. A resident in exclusion, deportation or removal proceedings must apply before the court issues a final order.
If a joint petition is late, USCIS’s checklist asks for an explanation. That request does not guarantee USCIS will accept the filing.
Private filing guidance lists different fees for paper and online submissions
Private immigration-law guidance lists a filing fee of $750 by mail and $700 online as of November 2026. USCIS’s I-751 page does not provide a fee amount in the material describing the filing process, so check the current USCIS fee schedule before sending a payment or submitting online.
A receipt notice can extend status while USCIS reviews the petition
Private immigration-law guidance says that a properly filed petition generates a Form I-797 receipt notice extending the resident’s status for 48 months while USCIS reviews the case. Keep the receipt notice with the expired conditional card as documentation during the extension period.
The receipt is not approval and does not itself remove the conditions. USCIS must decide the petition before that happens. Check the extension period and terms on the notice issued for your case.
Check the filing date, divorce status and signature before submitting
- For a joint petition, verify the first filing day. A submission before the 90-day window opens may be rejected. Use USCIS’s filing-date tool before sending it.
- If a divorce is pending, select a basis that fits the current status of the case. A divorce-waiver request based on a terminated marriage requires a final decree. If USCIS asks for the decree while proceedings are pending, respond to the request and provide the final document when it becomes available, following the notice’s instructions.
- Do not treat separation or the start of divorce proceedings as an automatic bar to a joint petition. USCIS cannot deny a joint petition solely because spouses are separated or have started divorce or annulment proceedings.
- Sign the form and use the checklist for your filing basis. USCIS rejects unsigned forms, and evidence requirements vary between joint petitions and waiver requests.
For a joint-spouse petition, check the first eligible filing date with USCIS’s filing-date tool. Then submit online or use the agency’s Direct Filing Addresses for Form I-751 page to mail the petition.
Frequently asked questions
When should I file a joint Form I-751 petition?
A joint petition with your spouse is generally filed during the 90 days immediately before your conditional residence expires. USCIS may reject a joint petition submitted before that window opens. Check the first eligible filing date using USCIS’s filing-date tool rather than estimating it. If the petition is late, USCIS’s checklist asks for an explanation, but providing one does not guarantee the filing will be accepted.
Can I file Form I-751 without my spouse?
An individual request or waiver may be available if you cannot file jointly and your circumstances meet a recognized ground. The article describes routes involving a marriage that ended in divorce or annulment, a spouse’s death, battery or extreme cruelty, or extreme hardship. Requirements differ: for example, a divorce-based good-faith marriage waiver requires a final termination of the marriage. Select the basis that matches your situation and provide evidence for that basis.
What documents should I include with Form I-751?
The required evidence depends on whether you are filing jointly or requesting a waiver. The article says to include copies of both sides of the conditional green card, supporting documents for the filing basis, and a signed form; USCIS rejects unsigned forms. Special documents may be required for certain filings from outside the United States because of U.S. military or government orders. Check the current USCIS checklist and filing instructions for your specific case.
Does the I-751 receipt notice mean my conditions have been removed?
No. The receipt notice acknowledges that USCIS received the petition and may document an extension of status while the case is under review. Private immigration-law guidance cited in the article lists an extension of 48 months, but you should check the period and terms on the notice issued for your case. Keep the receipt notice with your expired conditional card as documentation. USCIS approval—not the receipt—removes the conditions.
