Filing Form I-751: Remove Conditions on Marriage-Based Residence

Form I-751 is the official “Petition to Remove Conditions on Residence.” Use it if you’re a conditional permanent resident who obtained status through marriage and you want to remove those two-year conditions. This guide walks you through the entire journey—from when to file, how to file online or by mail, the evidence you should gather, what to expect at each stage, and how to manage special situations like divorce, abuse waivers, or overseas military orders.

Start Here: Who Should File and Why It Matters

A marriage-based green card issued for two years makes you a conditional permanent resident. To keep your lawful permanent resident status, you must file Form I-751, Petition to Remove Conditions on Residence with U.S. Citizenship and Immigration Services (USCIS). If you don’t file, you automatically lose permanent resident status two years from the date conditional status was granted and become removable from the United States 🇺🇸.

• If you’re still married, file a joint petition with your U.S. citizen or lawful permanent resident spouse.
• If the marriage ended, your spouse died, or there was abuse, you may file without your spouse by requesting a waiver of the joint filing requirement.
• Dependent children who got conditional status the same day as you or within 90 days can be included in your petition; others must file their own I-751.

Use the current edition of the form: the edition date is 04/01/24. If you mail the form, all pages must show the correct edition date and matching page numbers or USCIS may reject it. Dates on the form use the mm/dd/yy format.

Access the official form and instructions at the USCIS page for Form I-751, Petition to Remove Conditions on Residence.

Timing Your Filing Window and Waiver Options

• Joint filing: File during the 90-day period immediately before your conditional residence expires. USCIS may reject an early filing outside this window.
• Filing with a waiver or individually (death, divorce/annulment, battery/extreme cruelty, or extreme hardship): You may file any time after you become a conditional resident and before you’re removed from the United States.
• Children filing separately from a conditional resident parent must explain why and include supporting documents.

If you miss the deadline, USCIS may still accept a late filing if you submit a written explanation showing extraordinary circumstances beyond your control and that the delay was reasonable.

How to File: Online or By Mail

You can file the I-751 online or by mail.

• Online filing:
  • First, create a USCIS online account. After you submit, USCIS will send a receipt notice.
  • If you previously filed a form with a receipt number beginning with IOE, you’ll have a USCIS Online Account Number; otherwise, you may not have one.
• Filing by mail:
  • Check USCIS for the current direct filing addresses.
  • Make sure the correct edition pages and page numbers are visible on all printed pages.

According to analysis by VisaVerge.com, many couples find online filing helpful for tracking notices in one place, while some prefer paper when compiling bulky evidence sets.

Fees and How to Pay

Check the current filing fee on USCIS’s Fee Schedule (Form G-1055). Payment methods include:

• Credit or debit card using Form G-1450, Authorization for Credit Card Transactions
• ACH using Form G-1650, Authorization for ACH Transactions
• Money order, personal check, or cashier’s check made payable to “U.S. Department of Homeland Security”

Important fee rules:

• Fees are final and non-refundable, even if you withdraw or USCIS denies your request.
• If you pay by card, you can’t later dispute the charge.
• If submitting multiple forms, pay each fee separately. Submitting one combined payment can cause USCIS to reject the entire package.

Evidence You Must Include

• Send copies only unless USCIS or regulations request originals.
• If any document is in a foreign language, include a full English translation with a signed certification stating the translation is complete and accurate and the translator is competent.
• Do not send original documents unless asked.
• Always include copies of the front and back of your Permanent Resident Card and those of any included conditional resident children.

Evidence varies by situation. Below are recommended documents by scenario.

Joint petition (still married)

Provide evidence the marriage was entered in good faith, not to evade immigration laws. Include as many of the following as possible:

• Birth certificates of children born to the marriage
• Joint lease or mortgage
• Joint financial records: bank accounts with history, complete joint federal and state tax returns, insurance policies showing the spouse as beneficiary, joint utility bills, or joint loans
• Other relevant documents showing your life together
• At least two affidavits from people who know your marriage since you became conditional residents; include their full details and how they know you (affidavits must be supported by other evidence)
• An explanation if filing late or separately from a conditional resident parent
• Any dispositions for arrests, charges, or convictions, if applicable

If the petitioning spouse or stepparent died

In addition to the relationship evidence above, include the death certificate and any required criminal records or explanations noted for joint filings.

If the marriage ended by divorce or annulment

Include:

• Final divorce or annulment decree
• Evidence showing the marriage was in good faith from marriage to termination
• Documents explaining how the relationship ended
• Any required criminal records or explanations

If you or your child were battered or subjected to extreme cruelty

USCIS will accept “any credible evidence” and decides what is credible and how much weight to give it. Include:

• Evidence of abuse: police, court, medical, school, clergy, social worker, or shelter records; photos; orders of protection
• Divorce decree if termination was based on physical abuse or extreme cruelty
• Evidence of a good-faith marriage
• Any required criminal records or explanations

If removal would cause extreme hardship

Provide evidence that removal would cause hardship significantly greater than typical for people removed after extended stays. Evidence must relate to factors that arose during the two-year conditional period.

If filing from outside the United States on military or government orders

Submit:

• Two color passport-style photos per petitioner and dependent, 2” x 2” on white to off-white background; lightly print your name and A-Number on the back
• Two FD-258 fingerprint cards per petitioner and each dependent age 14–79, prepared by a U.S. Embassy, U.S. Consulate, USCIS office, or U.S. military installation; include your A-Number and keep cards flat
• A copy of current orders
• At the top of Form I-751, write “ACTIVE MILITARY” or “GOVERNMENT ORDERS”

Completing the Form Correctly

• Type or print in black ink.
• Use Part 11 for extra space; label each additional sheet with your name, A-Number, page/part/item numbers, then sign and date each sheet.
• Answer fully and accurately; use “N/A” for items that don’t apply and “None” for zero quantities.
• Country of citizenship or nationality may differ from place of birth; if stateless, explain in Part 11.
• Complete biographic data (ethnicity, race, height, weight, eye and hair color) — this can reduce time at your USCIS Application Support Center visit.

Signatures:

• No stamped or typewritten names. USCIS accepts a photocopy, fax, or scan of an original handwritten signature.
• A parent or legal guardian may sign for applicants under 14 or for someone who is mentally incompetent.
• If an interpreter helped you, they must complete the interpreter section.
• If a preparer helped you, they must sign; if they’re an attorney or accredited representative, submit Form G-28.

We recommend reviewing your completed copy before your biometrics appointment.

Step-by-Step: What Happens After You File

1) Receipt notice
USCIS accepts your petition and checks it for completeness. If it’s not properly completed, USCIS may reject or deny it.

2) Requests for more information
USCIS can ask for additional evidence or original documents. Originals will be returned when no longer needed.

3) Biometrics
USCIS may require biometrics (fingerprints, photo, and/or signature) to verify identity and run background checks, including FBI records. If overseas, your notice will instruct you to contact a U.S. Embassy, U.S. Consulate, or USCIS office to schedule.

At the appointment, you must sign an oath confirming:
– You provided or authorized all information in the petition.
– You reviewed and understood all information in and with your petition.
– All information was complete, true, and correct when filed.

USCIS estimates the biometrics collection takes about 1 hour and 10 minutes. The estimated total time for reviewing instructions, gathering documents, completing the petition, preparing statements, and submitting is 3.154 hours per response.

4) Interview
USCIS may require an interview. During the interview they may also take biometrics to verify identity and update checks.

5) Decision
USCIS will notify you of the decision in writing.

Criminal History Documents

If you’ve ever been arrested or detained in the United States or abroad:

• If no charges were filed: submit an original official statement from the arresting agency or court confirming no charges.
• If charges were filed (or filed without an arrest): provide an original or court-certified complete arrest record and/or disposition (dismissal, conviction, or acquittal).
• If you were convicted or placed in an alternative/rehabilitative program: submit an original or court-certified sentencing record, plus proof you completed your sentence (probation or parole record, or proof of completing the program). Also include any court order vacating, setting aside, sealing, or expunging the record; or an original court statement confirming no record exists.

Note: You don’t need to submit documentation for non–alcohol or non–drug-related traffic incidents if the only penalty was a fine under $500 and/or points.

Address Changes, Accessibility, and Contacting USCIS

• You must have a United States address to file this petition.
• Non–U.S. citizens must report a change of address to USCIS within 10 days of moving.
• Some petitioners who selected certain options in Part 3 (Item 1.e. or 1.f.) can’t file address changes online or by phone and must contact the Service Center where they filed.
• USCIS provides information in English and Spanish. You can also request disability accommodations as instructed on your appointment notice.

Special Filing Situations for Children

• Include dependent children who became conditional residents the same day as you or within 90 days.
• If they became conditional residents outside that window, or if the parent is deceased, each child must file a separate Form I-751.

Quality Checks and Penalties

USCIS treats fraud seriously. If you knowingly falsify or conceal a material fact or submit a false document, USCIS will deny your petition and may deny other immigration benefits. You may also face criminal prosecution.

Important: Do not submit false evidence or conceal facts. The consequences include denial of benefits and possible criminal charges.

Practical Filing Scenarios (Quick Reference)

• Still married, filing jointly:
  • Gather proof of shared life from marriage to present: joint housing, finances, taxes, insurance, children’s birth certificates, etc.
  • Add affidavits from at least two people who know your relationship since conditional status.
• Divorce or annulment:
  • Request a waiver and file alone. Include the final decree and evidence of good-faith marriage and circumstances of the breakup.
• Death of spouse or stepparent:
  • File on your own with the death certificate and proof of a good-faith marriage.
• Battery or extreme cruelty:
  • File with any credible evidence: official reports, orders of protection, medical or social services records, plus good-faith marriage evidence.
• Extreme hardship:
  • Submit evidence showing hardship tied to your removal would be significantly greater than usual and arose during the two-year conditional period.

What USCIS Expects From You — and What to Expect From USCIS

• USCIS can request more evidence, schedule biometrics, and call you for an interview.
• You must keep your information complete, true, and correct, and be ready to confirm it under oath at biometrics.
• If overseas on orders, follow photo and fingerprint card rules and mark your petition appropriately.
• If you don’t file, your conditional status ends automatically at two years, and you become removable. If late for reasons beyond your control, submit a written explanation requesting USCIS to excuse the delay.

For official guidance, forms, instructions, and current filing information, visit Form I-751, Petition to Remove Conditions on Residence.