I 751 RFE
A person who gets married to a United States citizen within two years of filing for a green card becomes a conditional lawful permanent resident. That means they will receive a 2 year permanent resident card, which is a conditional green card. To remove these conditions on residence so that you can become a permanent US citizen, you need to file a Form I-751.
An experienced immigration lawyer can help you file Form I-751 and guide you through the process to take the burden off your shoulders.
What You Need To Know Before Filing Form I-751
Some of the things you need to know before filing form I-751 include:
- You must file Form I-751 within 90 days of the expiration of your conditional Green Card to avoid losing your permanent resident status
- You have to file Form I-751 to prove that you have not engaged in any marriage fraud
- Any of your children that acquired conditional resident status will have to file Form I-751 separately to have conditions on their status removed
- Filing of Form I-751 is only available for a person that got conditional resident status through marriage to a U.S. citizen
The law allows you to file Form I-751 jointly with your spouse through whom you obtained conditional status. According to the Department of Homeland Security you may still file without your spouse if:
- You entered the marriage in good faith, but your spouse subsequently died
- You entered the marriage in good faith, but the marriage was later terminated due to divorce or annulment
- You entered the marriage in good faith, but you have been battered or subject to extreme cruelty by your petitioning spouse
- Your conditional resident parent entered the marriage in good faith, but you have been battered or subject to extreme cruelty by your parent’s U.S. citizen or lawful permanent resident spouse or by your conditional resident parent
- The termination of your status and removal from the United States would result in extreme hardship
Talk to an immigration lawyer to review your case in order to determine whether you can file a Petition to Remove Conditions on Residence.
What You Have To Submit With Form I-751
There are a number of documents that you have to submit with Form I-751. These include:
- A copy of your Green Card
- Proof of your marital relationship such as credit cards joint bank accounts, bills, copies of children’s birth certificate and more
- Evidence that you have paid your application fee and biometrics fee. Contact your local provider for exact costs on application fee and biometrics fee.
- Photographs of you and your spouse together
- Documents showing that you and your spouse have joint ownership of your communal residence
You have a better chance of success if the evidence you provide starts at the time the marriage begun up to the present time. You need to talk to an experienced immigration lawyer to help you gather all the evidence you need.
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