Petition to Remove Condition on Residence

What Is the Purpose of Form I-751?

This petition is used by a conditional resident who obtained status through marriage to request that U.S. Citizenship and Immigration Services (USCIS) remove the conditions on his or her residence.

Who May File Form I-751?

If you were granted conditional resident status through marriage to a U.S. citizen or lawful permanent resident, use Form I-751, Petition to Remove Conditions on Residence, to file for the removal of those conditions. If you have dependent children who acquired conditional resident status on the same day as you or within 90 days thereafter, then include the names and Alien Registration Numbers (A-Numbers) of these children in Part 5. of Form I-751 in order to request that the conditions on their status be removed as well. If you have dependent children who did not acquire conditional resident status on the same day as you or within 90 days thereafter, or if the conditional resident parent is deceased, then those dependent children must each file Form I-751 separately to have the conditions on their status removed.

If you are still married, then file Form I-751 jointly with your spouse through whom you obtained conditional status. However, you may file Form I-751 without your spouse if:

1. You entered the marriage in good faith, but your spouse subsequently died;
2. You entered the marriage in good faith, but the marriage was later terminated due to divorce or annulment;
3. You entered the marriage in good faith, but you have been battered or subject to extreme cruelty by your petitioning spouse; or
4. Your conditional resident parent entered the marriage in good faith, but you have been battered or subject to extreme cruelty by your parent’s U.S. citizen or lawful permanent resident spouse or by your conditional resident parent; or
5. The termination of your status and removal from the United States would result in extreme hardship.

When Should I File Form I-751?

1. 1. Filing jointly.

If you are filing this petition jointly with your spouse, you must file it during the 90-day period immediately before your conditional residence expires.

1. 1. Filing with a request that the joint filing requirement be waived or individually filed.

You may file Form I-751 without your spouse if they are deceased, you are divorced, or you and/or your conditional resident child were battered or subjected to extreme cruelty. You may file this petition at any time after you are granted conditional resident status and before you are removed from the United States.

1. 1. Effect of not filing.

If this petition is not filed, you will automatically lose your permanent resident status two years from the date on which you were granted conditional status. You will then become removable from the United States. SPECIAL NOTE: If your failure to file was through no fault of your own, you may file your petition late with a written explanation and request that USCIS excuse the late filing. Failure to file before the expiration date may be excused if you demonstrate when you file the petition that the delay was due to extraordinary circumstances beyond your control and that the length of the delay was reasonable.

Checklist of Required Initial Evidence (for informational purposes only)

Please do not submit this checklist with your Form I-751. It is an optional tool to use as you prepare your form, but does not replace statutory, regulatory, and form instruction requirements. We recommend that you review these requirements before completing and submitting your form. Do not send original documents unless specifically requested in the form of instructions or applicable regulations. If you submit any documents (copies or original documents, if requested) in a foreign language, you must include a full English translation along with a certification from the translator verifying that the translation is complete and accurate and that they are competent to translate from the foreign language to English.

If you are filing a joint petition, did you provide the following?

• Copies of the front and back of your Permanent Resident Card;
• Copies of the front and back of the Permanent Resident Cards of any conditional permanent resident children you are including in your petition (if applicable);
• Evidence of the relationship:
  • Submit copies of documents indicating that the marriage upon which you were granted status was entered in good faith and was not for the purpose of circumventing immigration laws. Submit copies of as many documents as you can to establish this fact, to demonstrate the circumstances of the relationship from the date of the marriage to the date of your spouse’s or stepparent’s death;
• Your spouse’s or stepparent’s death certificate;
• An explanation for the reason you are filing late (if applicable);
• An explanation for the reason you are filing separately from your primary conditional permanent resident parent (if applicable);
• Dispositions on criminal charges, arrests, or convictions (if applicable); and
• If you are filing from outside of the United States because you, your spouse, or your stepparent is residing outside of the United States on U.S. military or government orders:
  • Two passport-style photographs for each petitioner and dependent, regardless of age;
    • Two completed Form FD- 258 Fingerprint Cards for each petitioner and dependent 14 to 79 years of age; and
    • A copy of current military or government orders.

If you are filing an individual request because of the death of the petitioning spouse or stepparent, did you provide the following?

With respect to abuse waivers, you may file your form with any credible evidence relevant to the application. The determination of what evidence is credible and the weight to be given (meaning how important the evidence is)is within our sole discretion.

• Copies of the front and back of your Permanent Resident Card;
• Copies of the front and back of the Permanent Resident Cards of any conditional resident children you are including in your petition (if applicable);
• Evidence of the relationship:
  • Submit copies of documents indicating that the marriage upon which you were granted status was entered in good faith and was not for the purpose of circumventing immigration laws. Submit copies of as many documents as you can to establish this fact, to demonstrate the circumstances of the relationship from the date of the marriage to the present date;
• Evidence of abuse;
• The final divorce or annulment decree if your marriage was terminated by divorce on the grounds of physical abuse or extreme cruelty;
• An explanation for the reason you are filing separately from your primary conditional permanent resident parent (if applicable);
• Dispositions on criminal charges, arrests, or convictions (if applicable); and
• If you are filing from outside of the United States because you, your spouse or your stepparent is residing outside of the United States on U.S. military or government orders:
  • Two passport-style photographs for each petitioner and dependent, regardless of age;
  • Two completed Form FD- 258 Fingerprint Cards for each petitioner and dependent 14 to 79 years of age; and
  • A copy of current military or government orders.

If you are filing a waiver of the joint filing requirement because the termination of your status and removal would result in extreme hardship, did you provide the following?

• Copies of the front and back of your Permanent Resident Card;
• Copies of the front and back of the Permanent Resident Cards of any conditional resident children you are including in your petition (if applicable);
• Evidence of extreme hardship;
• An explanation for the reason you are filing separately from your primary conditional permanent resident parent (if applicable);
• Dispositions on criminal charges, arrests, or convictions (if applicable); and
• If you are filing from outside of the United States because you, your spouse or your stepparent is residing outside of the United States on U.S. military or government orders:
  • Two passport-style photographs for each petitioner and dependent, regardless of age;
  • Two completed Form FD- 258 Fingerprint Cards for each petitioner and dependent 14 to 79 years of age;
  • A copy of current military or government orders.

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