Form I-751, Petition to Remove the Conditions on Residence is a petition used to remove the conditons on residence. If you are a conditional resident and obtained the conditional status through marriage, then you should use
Form I-751 for removal of conditions. Supporting documents with Form I-751 include certain intial evidences like copy of Permanent Resident Card. Form I-751 can be filed jointly or you could seek a waiver in the joint filing requirement.
The following supporting documents with Form I-751, should be submitted to the USCIS:
- Copy of the front and back of your Permanent Resident Card.
- Evidences to prove that your marriage is legitimate.
- Evidences for seeking a waiver (If filing to waive the joint filing requirement)
- Court order if you have changed your name legally.
- English translation of all foreign language documents from an authorized translator.
You have to submit evidences to prove that your marriage is legitimate and that you have not violated any law of the United States. To prove the evidence of your marriage, the following supporting documents with Form I-751 should be submitted:
- Copy of your marriage certificate.
- Copy of birth certificates of the children you have had together.
- Documents of Joint ownership or property such as financial records of assets, federal tax return, insurance policies.
- Rental receipts of all the apartments that you have occupied together.
- Affidavits from atleast two people, who have personally known you and your spouse from the time the conditional residence was granted. The person who signs the
Affidavits of support should witness before the immigration officer that whatever is written in the Affidavit is true.
If you are seeking a waiver in the joint filing requirement, the following supporting documents with Form I-751 should be submitted:
- Copy of death certificate, if spouse is deceased.
- Copy of divorce certificate, if marriage was terminated.
- If battered or subject to extreme cruelty, submit evidence of abuse such as reports issued by the police or court.
If you are residing outside the U.S. due to military orders or goverment orders, you should submit the following:
- Two passport style photographs of the applicant and dependents.
- If you or your dependents are between the ages of 14 and 79, complete Form FD-258, Fingerprint Cards.
The supporting documents with Form I-751 should be filed for all dependent children who got conditional residence concurrently with you. Carefully prepare the supporting documents, as this would make an easy way for the approval of your petition. Put all the documents in a large envelope and send them to the USCIS. Do not send the original documents to USCIS, unless you are asked to send. If you are requested to send the original documents, USCIS keeps a record of the original documents and returns them back to you. Have a copy of all the documents you send to USCIS, as you may need them for your reference.
The filing fee for the petition includes the application fee and the biometric fee. After USCIS receives your petition, you will be informed about when you should appear for the biometrics.