I-751 Frequently Asked Questions
When is a conditional permanent resident required to file an I-751 Removal of Conditions Form?
In a typical marriage, a conditional permanent resident is required to file a I-751 form during the ninety days leading up to the two-year anniversary of the foreign national obtaining conditional permanent residency.
Can I file an I-751 before the ninety day period?
No, the USCIS will send it back to you.
Will my green card expire while I wait for the I-751 to be approved?
No. USCIS automatically extends your green card and permanent residency status while they are deciding on the petition. So, if you have filed an I-751 you will remain in conditional resident status until they make a decision on your I-751.
What happens if a conditional permanent resident does not file an I-751 Form?
The conditional permanent resident may face removal from the United States.
What if a conditional permanent resident is divorced?
If a divorce occurs within the conditional permanent residency period, the foreign national spouse must apply for a waiver to the joint I-751 form (link to our I-751 waiver).
What if my spouse refuses to sign the I-751 form?
In certain circumstances, a conditional permanent residence should file a waiver to the joint petition I-751 form.
What if my spouse refuses to attend the interview?
If the I-751 Form has already been filed, it must be withdrawn and refiled.
Is there always an interview process when filing jointly?
Typically, yes. In a joint petition, both the alien and the spouse must attend an interview.
Can I use Form I-751 to remove conditions on residence for my children?
Yes, we will help you with this part of the process also.
Can I convert my conditional green card to H-1 or F-1 status?
No, you cannot change your status from a green card holder to a non-immigrant status.
I married a U.S. citizen and was granted permanent resident status on a conditional basis. Subsequently we got divorced. I had never filed a petition to remove the condition. Later I married a second U.S. citizen. Can my new spouse file a visa petition on my behalf so I can adjust my status in the U.S.?
Yes. However, this will trigger one of the red flags, so you must prepare to document the truthfulness of the new application.
Do I need to be physically present in the United States at the Time of Filing?
No. The Petition to Remove the Conditions on Residence can be filed regardless of whether you are physically present in the United States at the time that you file. However, you must return to the United States with your spouse and your children in order to comply with the interview requirement.