When Do I Need to Use an I-751 Form?

If you have become a U.S. resident as a result of marriage to a U.S. citizen, then your residence is only conditional -- that is, it can only be turned into permanent residence if, near its two-year expiration date, you apply to have the conditions removed using Form I-751, "Petition to Remove the Conditions on Residence."

Where to Get Form I-751

This form is available on the website of U.S. Citizenship and Immigration Services (USCIS) at www.uscis.gov. Click the "Forms" tab, and then scroll down in number order. There, you'll find not only a download of the form, but instructions for completing this application, the latest fee, and the address to which you must send it.

The instructions that come with the form contain valuable information about what documents you must submit along with it. Filling out the form is important, but choosing and submitting appropriate documents in support of your application is just as important -- and is the part of the process that many immigrants do an inadequate job of. For example, if you're filing the I-751 jointly with your spouse, you'll need to submit proof that your marriage is valid and ongoing, such as copies of children's birth certificates, a lease or mortgage, and so forth.

If you're no longer married, you'll need to submit documents showing that it was the real thing, but that you qualify for a waiver -- for example, due to death or divorce. In such cases, you'd need to supply a death certificate, divorce decree, and other documents as appropriate.

Deadline for Submitting Form I-751

You must submit your Form I-751 within the 90-day window before your conditional residence is due to expire -- not earlier and not later. If you submit your form too early, it will be returned for refiling later. If you submit it too late, your request for permanent residence will be denied and you will be referred for removal proceedings (in immigration court). 

Getting Help

If you are ever in doubt about your immigration requirements or concerned about what forms to file, you should consult with an experienced U.S. immigration lawyer. Making a mistake with your immigration papers could result in a violation of immigration laws and could jeopardize your legal status in the United States, so it is always important to have a lawyer so you don't take any chances.