Form I-751: Remove the Conditions on Your Green Card if You Are Married, Divorced or if Your Spouse Passed Away

Hi there I’m Hillary Walsh. I’m in immigration lawyer in the United States and I want to help you if you have been married to a US citizen or lawful permanent citizen and you have a conditional residency. This is if you have received your green card but only for a two years time. What happens next? 

If you have been married for less than two years and you have been petitioned by your spouse, the best outcome that you’re going to get is a 2-year conditional residency. Then within 90 days of the residency expiring you can ask USCIS to remove the conditions and allow you a 10-year green card (residency). The filing fee is $680, which is $595 for the filing fee itself and $85 for the biometrics fee (to take your picture and do your fingerprints). The instructions and form are viewable online in USCIS in your language. Some of the different scenarios included are really helpful as well. 

Common Scenarios
  1. If your spouse petitioned for you, your lawful permanent residency card for 2 years is about to expire or it expired (before you were able to receive your 10-year Green Card) and your spouse died. 
  2. If you divorced or annulled  before you were able to remove the conditions on your green card. So your green card is expired or going to expire and you don’t have a marital relationship with the person who petitioned for you. This could be a big problem if not handled properly. 
  3. Finally if you were battered, if your spouse/parent was really cruel to you. 
If You Are Still Married

If you are still married you are required to file together within 90 days of your card expiring.  So before your card expires, not after. You can find in USCIS the form information about what kind of evidence you need to submit. It’s basically to show that you got married for love not for immigration documents. 

If You Are No Longer Married

If for some reason you need to file this individually (you’re divorced/ing, your spouse passed away or you were battered by them) it’s okay if you’re outside the 90 days window. 

A Real Life Case

We actually had a young woman who had married a US citizen and was given a conditional green card for two years. During the time she escaped a lot of domestic violence, her lawful permanent residency expired and she didn’t know what to do. She happened to reach out to us, take a consultation with us and we  helped her send out the petition for her 10 year green card. Even though she’s no longer in contact at all with her original petitioning spouse. 

We want to help you get results.  You’re at the final stage of the race, it’s time for you to remove the conditions on your residency. Don’t trip on the last hurdle. Let us help you get across the Finish Line fabulously!

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