I-751: What is it and how to request it.

The application I-751 is also known as the Petition to Remove Conditions on Residence. Usually, this is the next step to follow once you have gained a conditional permanent resident. 

Whether you get married to a US citizen or legal permanent resident in the US or were brought to the US as a fiancé(e) and then married a US citizen, conditional permanent residency is only valid for two years, and cannot be renewed. Rather than renewing the conditional residency, you apply to remove the conditions of your residency filing form I-751 with supporting evidence.  


What type of documentation is required for the I-751?
 

The supporting evidence require when filing I-751 may vary depending on your case. Generally, however, you need to include the following: 

  • A copy, back and front, of your Permanent Resident Card – if you are including children in your petition, you will need a copy of the same 
  • Birth certificates of any children born from the marriage.
  • Any documentation that shows and proves that the marriage that gave you your status was entered in good faith. For example: 
  1. Photos of the relationship. 
  2. Financial records showing joint ownership of assets or joint responsibilities. 
  3. Any documentation relevant to prove that your marriage was not entered for the purpose of evading US. Immigration laws. 
  4. Affidavits documenting the legitimacy of the relationship. 

 

What if I am no longer with my petitioner spouse or my parent is no longer with my petitioning stepparent?   

You could proceed with the filing to remove the conditions on your residency without your spouse or stepparent if you meet one of the following criteria:  

  • Your US citizen or lawful permanent resident spouse, or stepparent, are deceased, and you had entered the marriage in good faith. 
  • You did enter the marriage in good faith, but it ended in divorce or annulment. 
  • You entered the marriage in good faith but, unfortunately, you or your child were physically hurt too extreme by the US citizen or permanent resident spouse. 
  • Your parent entered a marriage in good faith with a US citizen or permanent resident, but you were subjected to extreme cruelty and physically hurt by your stepparent.  
  • The termination of your conditional status and following removal from the United Stated would result in extreme hardship. 

Since all cases present different challenges, always consult an experienced immigration attorneyWe offer 30-minute, free-of-charge initial consultations. You can schedule your consultation here or call our office 469-708-5800! 

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