Reasons an I-751 Application Can Be Rejected

If you’ve been granted legal resident status within the United States on a conditional basis after filing for residence based on marriage to a U.S. citizen, your status will automatically terminate after two years. You must, in order to change your status to permanent U.S. resident and avoid having to leave the United States, submit immigration Form I-751, Petition to Remove the Conditions of Residence, to U.S. Citizenship and Immigration Services (USCIS). If, after receiving and reviewing your I-751, USCIS isn't convinced that your marriage is the real thing and you meet the various other criteria for U.S. residence, it may issue a denial.

The problems usually leading to USCIS denying your petition include:

• late submission of the I-751
• insufficient documentation to convince USCIS that you meet the requirements for permanent residence, and
• underlying problems in the claim, such as a fraudulent marriage that has fallen apart.  

Late Submission of Form I-751

This application has a strictly enforced time frame in which it may be filed with the USCIS, namely up to 90 days before the expiration date of your conditional residency. If you file early, the petition will be sent back to you for later filing. (This isn't really a denial -- it just means USCIS wouldn't even let your application in the door.)

If you file late, however, your I-751 will be immediately rejected and your case referred to immigration court for removal proceedings. You will receive notification, including an explanation as to why the application was denied. Talk to a lawyer immediately.

Insufficient Documentation

You will be required, in order for your application to be approved, to show that your marriage is, in fact, legitimate and ongoing -- or that, if the marriage has ended, you qualify for a waiver. You'll need to carefully assemble and choose documents to support your claim.

For example, if you're still married and are filing jointly with your U.S. citizen spouse, you'll want to provide copies of things like your children's birth certificates, apartment lease or property ownership deed showing both you and your spouse’s names, copies of any bills related to the ownership of that property (such as utility or electric bills), as well as financial statements that show joint checking or savings accounts.

Take a careful look at these documents before submitting them. Make sure they clearly show both your names (if not on each document, then in combination when reviewing all the documents).

Also make sure the documents cover the appropriate time period, namely the two years (or almost two years) since you were approved for conditional residence. Some couples make the mistake of submitting the same documents they did when first getting their residency, such as wedding pictures. USCIS isn't interested in these at this point -- it wants to know what's been going on for the last two years and to make sure you haven't just split up and are faking the marriage. 

Underlying Ineligibility

Of course, some applicants really don't deserve U.S. residence, because their marriage is fraudulent. If this is the case, you can expect a denial at this point -- or to have your case reexamined in a few years when you apply for U.S. citizenship.

But fraudulent marriages aren't the only reason a case may be denied. For example, you must be fingerprinted (biometric testing) as part of your I-751 application process. The prints will be used for a crime check by the FBI. If you are discovered to have a criminal record, you may be found inadmissible to the United States, and your permanent residence denied.

Getting Help

Preparing the documentation for an I-751 requires careful work, and you might want to hire an attorney to help, in order to avoid the possibility of denial. This is especially true if you won't be filing jointly with your U.S. citizen spouse, but will need to request a waiver. And, if your I-751 application is rejected, you should definitely consult with an experienced U.S. immigration attorney. Your lawyer can represent you in court and strategize a defense that might yet lead to your approval for U.S. permanent residence.