Usually, non-citizens working to obtain U.S. immigration benefits quickly become familiar with United States Citizenship and Immigration Services (USCIS) and its routine and extensive processing delays. USCIS’s Form I-751, Petition to Remove Conditions on Residence, has fallen victim to excessive delays, resulting in the expected Form I-751 processing time taking longer than a conditional permanent resident card.
If you are trying to navigate the process of removing the conditions on your permanent residence, EMP Law can help. Our immigration lawyers have many years of experience advising our clients on getting through the maze of immigration laws and the delays that have become endemic in recent years. We can guide you through the steps and help you understand what to expect at each. Contact us online or call (336) 724-2828 today to discuss your options.
What Is Conditional Permanent Residence?
A permanent resident card (green card) is proof of lawful permanent resident (LPR) status. What, then, does it mean to be a conditional permanent resident?
Types of Conditional Permanent Residence
You may be a conditional permanent resident if you get your green card in one of two ways. First, you are a conditional resident if you get a green card because you are an immigrant investor. More commonly, you may be a conditional resident if you obtain a marriage-based green card through a relatively recent marriage. Both types last for two years instead of the typical 10-year green card validity.
Marriage-Based Conditional Permanent Residence
If you have been married for two years or less when you receive a marriage-based green card, you receive conditional permanent residence. As a non-citizen, you may qualify for a green card based on your marriage to an LPR or a U.S. citizen.
Green cards based on marriage to a U.S. citizen are immediate relative visas (IR visas), while green cards based on marriage to an LPR are family-based second preference visas (F2A visas). IR visas are subject to no yearly issuance limitations, while F2A visas are limited each year. As a result, it typically takes significantly longer to get an F2A visa, and you are much likelier to get a conditional IR visa than a conditional F2A visa.
What Is the Purpose of Form I-751?
Getting married for immigration benefits is considered immigration fraud. Whenever someone applies for a marriage-based green card, the U.S. government scrutinizes the application for signs of fraud at every step.
Form I-751 relates directly to governmental concerns about marriage-based immigration fraud. The U.S. government decided that more recent marriages are more likely than longer-term marriages to involve immigration fraud. So, it issues a conditional green card to the non-citizen spouse and requires the couple to prove the validity of the marriage again approximately two years after granting the initial green card through Form I-751.
What Must You Do Before Submitting Form I-751?
The process varies depending on whether the non-citizen spouse is inside or outside the U.S., but it begins the same way. The U.S. spouse submits Form I-130, Petition for Alien Relative, to USCIS. After or alongside the I-130, you apply for a green card.
Form I-130
Form I-130 asks USCIS to determine whether you qualify for a marriage-based green card. In your I-130, you provide information about you, your spouse, and your relationship. You also include supporting documents showing your marriage is genuine.
Adjustment of Status
If the non-citizen spouse is in the U.S., they may apply for adjustment of status through USCIS using Form I-485, Application to Register Permanent Residence or Adjust Status. Adjustment of status means changing your U.S. immigration status from one type to another, so it is typically only available to individuals in the U.S. with current, lawful status. If an immigrant visa is immediately available—always true when applying for an IR visa—you can submit Form I-485 together with Form I-130. These simultaneous submissions are called concurrent filings.
In Form I-485, you again provide details about your marriage. USCIS schedules an interview for you and your spouse. At the interview, a USCIS officer confirms the accuracy of your application, clarifies any questions, and verifies the legitimacy of your marriage.
Consular Processing
If the non-citizen spouse lives outside the U.S. or does not qualify for adjustment, they request a green card from a U.S. Consulate through consular processing. First, you submit Form DS-260, Immigrant Visa Electronic Application, and several supporting documents.
Consular processing requires the same proof and involves an interview both spouses must typically attend, this time with a consular officer. The interview focuses on the application and, again, the legitimacy of the marriage.
How Do You Use USCIS Form I-751?
You use Form I-751 to request that USCIS convert your two-year conditional permanent residence into a 10-year lawful permanent residence. For the most part, along with completing form I-751, you just need to update the information you previously provided to USCIS.
What to Include
When you submit your I-751, you should include a copy of the front and back of your conditional green card and proof that your marriage was entered into in good faith.
Such proof involves things such as:
- Birth or adoption certificates for any children you share,
- Lease statements showing you live together,
- Mortgage statements showing joint property ownership,
- Records of joint financial accounts,
- Joint tax returns,
- Joint utility bills, or
- Insurance policies with the spouse designated as beneficiary.
You may submit any other documents that support the legitimacy of your marriage in addition to or instead of those listed. Additionally, you must submit sworn statements from two people who have known you since you received your green card. These statements should attest to the legitimacy of the marriage.
Filing Jointly with Your Spouse
Usually, you must file Form I-751 with your spouse. The non-citizen spouse is the petitioner, and the U.S. citizen or LPR spouse is the spouse. Both spouses sign the application and attest to the validity of the information provided.
Filing Without Your Spouse
In several specific circumstances, you may file Form I-751 individually if you request a waiver of the joint filing requirement. You request the waiver on Form I-751 itself.
You may qualify for a waiver if:
- Your spouse has passed away;
- You and your spouse are divorced or divorcing;
- Your spouse subjected you or your child to battery or extreme cruelty, making you a Violence Against Women Act (VAWA) petitioner (regardless of your gender); or
- Your removal from the U.S. would result in extreme hardship, which is fact-specific and involves more hardship than is usual when relocation or family separation is involved.
You may select multiple reasons or only one. Regardless of the reason, you must explain the circumstances and provide supporting documents.
For example, you may want to submit:
- A death certificate if your spouse passed away;
- The final divorce decree or other official court filings if you are divorced or divorcing;
- Police or medical records, personal statements, protective orders, photographs of injuries, or any other evidence of abuse for VAWA-related petitions; and
- Documentation of how relocation will affect you and your family if claiming extreme hardship.
Even when you file individually, you must provide evidence that your marriage was legitimate when you received your green card.
Form I-751 Fee
You usually also need to include the Form I-751 fee, which is $750 as of July 2024. If you file individually based on VAWA, you are exempt from paying.
If you cannot afford to pay, you may qualify for a fee waiver if you:
- Receive a means-tested government benefit,
- Have a household income at or below 150% of the federal poverty guidelines, or
- Are currently experiencing extreme financial hardship.
You apply using Form I-912, Request for Fee Waiver.
When Should You Submit Form I-751?
You must submit Form I-751 within the 90 days immediately preceding your conditional green card’s expiration date. If you submit your I-751 before the 90-day period, USCIS may return it to you without considering it. If you miss the deadline, your permanent resident status automatically terminates, and you may become subject to removal from the U.S. However, USCIS may still accept a late filing if you show you had good cause for filing late, meaning a legitimate reason prevented you from filing.
What Is the Current Expected Form I-751 Processing Time?
Given the strict 90-day filing window, it is natural to expect that USCIS would process I-751s quickly. Unfortunately, as of July 2024, the application deadline makes little logical sense in light of how long USCIS is taking to process these forms.
Between the five USCIS service centers that process applications and the many field offices, USCIS is processing Form I-751s in approximately 17 months at the fastest center and 33 months at the slowest. In fact, only the Nebraska Service Center is currently processing applications in less than 24 months. So, USCIS is taking longer to process most Form I-751s than conditional permanent resident cards last.
What Can You Do About Form I-751 Processing Delays?
Thankfully, the U.S. government is aware that the timeline it has created—a 90-day window for two years of processing—is unworkable. As long as you submit your I-751 before your conditional residence expires, your permanent resident status is automatically extended for 48 months. However, you do not receive a new card with a new expiration date.
Proving Your Lawful Status
When you submit your I-751, and USCIS accepts it for processing, USCIS sends a receipt notice that explains the automatic extension. To prove your immigration status is still good after your conditional permanent resident card expires, keep the receipt notice with the card. In combination, the card and the notice serve as proof that you are still allowed to live and work in the U.S.
The Naturalization Option
Unless you are no longer married, you may be eligible to naturalize before USCIS processes your I-751. When you get a green card based on marriage to a U.S. citizen, you can apply for naturalized citizenship after three years as a permanent resident instead of the usual five years. Current I-751 processing times and the three-year naturalization residency requirement mean you could become a U.S. citizen before USCIS makes a decision on your I-751.
Overview of the Form I-751 Timeline
For quick reference purposes, consult the following removal of conditions on a green card timeline chart.
| Step | Form/Application | Expected Processing Time |
| One – Immigrant visa petition | USCIS Form I-130 | 14.5–60 months (IR visa)59–79.5 months (F2A visa) |
| Two A – Adjustment of status | USCIS Form I-485 | 10–30 months |
| Two B – Consular processing | Consular Form DS-260 | 4–12 months |
| Three – Removal of conditions | USCIS Form I-751 | 17–33 months |
| Four (optional) – Naturalization | USCIS Form N-400 | 5-11 months |
With conflicting timelines, applying to remove the conditions on a green card has become more confusing to navigate in recent years. For assistance with the entire application process, whether you have yet to begin or are approaching the end, reach out to EMP Law online or call (336) 724-2828 today. We have years of experience in the immigration field and can help you feel secure that your immigration status remains valid despite USCIS’s current processing delays.
Michael provides compassionate, diligent, and creative legal services that are tailored to meet each client’s specific needs. His experience relating to clients from diverse backgrounds makes him well suited for representing his clients across a broad range of legal areas. He practices in the areas of employment law and family law, and is experienced in criminal law.
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