Form I-751, officially known as the “Petition to Remove Conditions on Residence,” is a form used by conditional permanent residents of the United States to request the removal of the conditions on their residence. When an individual obtains U.S. permanent residency (green card) through marriage to a U.S. citizen or permanent resident and the marriage is less than two years old at the time of approval, they are granted conditional permanent resident status.

The purpose of the conditional status is to allow immigration authorities to assess the legitimacy of the marriage and to prevent fraudulent marriages entered into solely for immigration benefits. The I-751 petition is the mechanism by which the conditional resident requests the removal of these conditions.

Key points about Form I-751:

1. Joint Filing: The typical process involves joint filing of Form I-751 by the conditional resident and their U.S. citizen or permanent resident spouse within the 90 days before the expiration of the conditional green card.
2. Waiver of Joint Filing Requirement: In certain circumstances, such as divorce, the death of a spouse, or instances of abuse, the conditional resident may be eligible to file the I-751 petition alone with a request for a waiver of the joint filing requirement.
3. Evidence of Bona Fide Marriage: The I-751 petition requires the submission of evidence demonstrating that the marriage is legitimate and not entered into for immigration purposes. This evidence may include joint financial documents, photos, and other proof of a shared life together.
4. Filing Fee: There is typically a filing fee associated with Form I-751. It’s essential to check the USCIS website for the most up-to-date information on fees.
5. Biometric Services: After submitting the petition, the conditional resident may be required to attend a biometric services appointment to provide fingerprints and other biometric information.
6. Interview (if required): USCIS may schedule an interview to further assess the legitimacy of the marriage.

Upon approval of the I-751 petition, the conditions on the individual’s permanent residency are removed, and they receive a regular 10-year green card.