Last updated: August 12, 2025.
By Asel Williams, Esq. · Columbia Law School · Licensed immigration attorney
Form I-751, Petition to Remove Conditions on Residence is an immigration form used by conditional permanent residents in the US to obtain a 10-year green card.
This form is filed by immigrants who obtained conditional residency through marriage to a US citizen or lawful permanent resident.
Form I-751 must be filed within the 90-day period preceding the conditional green card expiration date to remove the conditions.
To better understand Form I-751, learn who is required to file it, the difference between Form I-90 and Form I-751, the filing deadline, processing time and what happens if you get divorced before or during removal of conditions.
What is Form I-751?
Form I-751 is a petition filed by conditional permanent residents who got their status through marriage to remove the conditions on their residency.
Form I-751 is typically filed jointly (together) with the U.S. citizen or permanent resident sponsor (see exceptions below).
Conditional residency is given for 2 years to individuals who were married for less than 2 years at the time of obtaining their green card.
Form I-751 is filed to prove that the marriage was bona fide and not entered into for immigration purposes only.
Approval of this form results in the issuance of a 10 year green card and the individual is considered a lawful permanent resident without conditions.
Who Submits Form I-751?
Form I-751 is usually filed by the conditional permanent resident and their US citizen or lawful permanent resident spouse jointly.
But there are circumstances where the conditional resident can file independently:
Divorce or Annulment: If the marriage ended in divorce or annulment, the conditional resident can request a waiver of the joint filing requirement.
Abuse or Cruelty: If the conditional resident or their child was abused or cruelly treated by the US citizen or lawful permanent resident spouse, they can file independently.
Extreme Hardship: If the conditional resident can prove they would suffer extreme hardship if deported, they can request a waiver.
Difference between Forms I-90 and I-751
Understanding the difference between I-90 and I-751 is key for applicants to make sure they are using the right form for their individual case:
- I-90: This form is filed to renew or replace an existing permanent resident card (green card). It’s for individuals who have a 10 year green card that’s expiring or needs to be replaced due to loss, theft or damage.
- I-751: This form is used by conditional permanent residents to remove the conditions on their residency. It’s not for renewing or replacing a 10 year green card but to transition from a 2 year conditional green card to a 10 year permanent green card.
Filing the wrong form can cause delays or even deportation, so make sure you file the correct form based on your immigration category.
When Form I-751 must be filed?
Form I-751 must be filed within the 90-day window before the conditional resident’s green card expires.
Filing too early or too late will result in denial of the application and a loss of status.
If not filed on time, the conditional resident will be placed in removal (deportation) proceedings.
Exceptions and waivers for late filing may be available in cases of divorce, abuse or extreme hardship.
Conditional residents must mark their calendars and plan ahead to file on time.
USCIS does occasionally send reminders by mail but you must stay proactive about the filing deadline and submission of supporting evidence.
In some cases, conditional residents can provide a valid reason for late filing (for example, medical emergency) but these are not guaranteed and require substantial evidence.
If filing late, USCIS will also consider whether the Form I-751 was filed within reasonable time.
What happens after Form I-751 is filed?
After Form I-751 is filed, USCIS will issue a receipt notice (Form I-797) extending the conditional resident’s status for 24 or 48 months while the petition is being processed.
During this period, the conditional resident will have all the rights and responsibilities of a permanent resident.
To prove your extended permanent resident status, provide the original expired 2-year green card, along with the USCIS Form I-751 extension notice.
If you receive instructions from USCIS to create an online account, it’s recommended to set up the online account.
You have 90 days to create the online account.
If you are having technical issues with setting up the account, try using a different email address.
Online account allows you to electronically change your address, upload new documents, and download the receipt and approval notices.
You might be required to attend a biometrics appointment within 1.5-2 months after submission of the application.
USCIS will then review the petition and supporting documents to determine if the marriage was bona fide and if the conditional resident is eligible to remove the conditions.
If more evidence is required, you will receive a Request for Evidence (RFE) with the list documents requested.
USCIS might schedule an interview at the local field office. You will be notified of the upcoming interview 4-5 weeks prior to the scheduled date.
Form I-751 processing time
I-751 processing time varies depending on the USCIS service center processing the petition.
On average it takes 12–18 months to process I-751.
You can check the current processing times on the USCIS website and track your case status using your receipt number.
Since processing time is long, keep your mailing address updated with USCIS. Stay informed about your application status and respond promptly to any requests for additional information to avoid delays.
If your Form I-751 processing time is taking longer than the average processing time listed on the USCIS website, you can request assistance from your local congressman office.
Form I-751 and divorce
Divorce or annulment can make the I-751 process complicated but that doesn’t necessarily mean you can’t remove the conditions of your residency.
If the marriage ends before the conditions are removed, the conditional resident must file I-751 independently and request a waiver of the joint filing requirement.
The applicant will need to provide evidence that the marriage was entered into in good faith and not solely for immigration benefits.
This can include joint financial records, affidavits from friends and family and evidence of joint residence.
Learn more: Form I-751 Waiver of Joint Filing Requirement
Is There an Interview After I-751 is Filed?
USCIS may require an interview after I-751 is filed to verify the marital relationship and information provided in the petition.
The interview will be scheduled at a local USCIS office and both the conditional resident and their spouse (if filing jointly) will be required to attend.
During the interview, USCIS officers will ask questions about the marriage, living arrangements and other aspects of the relationship to determine if the marriage was entered into in good faith.
The interview can be nerve-wracking, but preparation can help.
Couples should review their submitted evidence, practice answering questions and be prepared to provide additional documents if requested.
Honesty and consistency are keys to a successful interview.
Learn more: USCIS Marriage Interview, What to Expect and How to Prepare
Form I-751 Fees
Form I-751 filing fee depends on your filing category:
I-751 Filing Category | Paper Filing Fee |
General Filing | $750 |
Conditional permanent residents, spouse, or child who filed a waiver of the joint filing requirement based on battery or extreme cruelty. | $0 |
Certain applicants may be eligible for a Fee Waiver. Learn more: Form I-912, Request for Fee Waiver.
Use USCIS Fee Calculator to determine the correct amount of filing fees you need to submit.
Form I-751 Checklist
Submit photocopies of the following documents with Form I-751:
- Copy of conditional green card (front and back)
- Copies of the front and back of the green cards of any conditional permanent resident children you are including in your petition (if applicable)
- Driver’s license / State picture I.D for both spouses that show joint address
- Jointly filed tax returns
- Joint lease agreements with both spouses’ names on it
- Joint utility bills
- Joint phone bills
- Joint mortgage documentation with both spouses’ names on it
- Joint bank account statements
- Joint credit card statements
- Joint health insurance
- Joint car insurance
- Joint renter’s insurance
- Joint house insurance
- Joint life insurance
- Wedding pictures, wedding invitations, wedding expenses
- Family photographs (each picture must be labeled with dates, names, location, occasion);
- If you have ever been charged with a crime or arrested, provide copies of the police arrest records and certified court disposition for the charge or arrest
- English translation of all documents in foreign language (provide copy of the original document in foreign language as well)
See Also:
Form I-751 Checklist of Supporting Documents (Remove Conditions on Residence)
How to Fill Out Form I-751 – Step-By-Step Instructions