Curran & Berger

This guide contains a list of documents and general instructions for preparing & filing a I-751 petition with the USCIS.  PLEASE NOTE that immigration procedures and filing fees may change.  This guide does not represent legal advice from Curran & Berger.  If you have any questions or concerns about your case, we advise you to speak with an attorney.

This guide applies to lawful permanent residents who obtained "green card" status based on a marriage of less than two years at the time the applicant received this permanent resident status. If you are such an applicant, your alien registration card will indicate your two-year condition expiration date. The following documents must be filed during the three-month period immediately prior to the expiration date on your card. Failure to properly file will result in termination of your legal status and will lead to deportation.

Children who become permanent residents with you, who were also given conditional status, can file with you on the same form.  They should each receive a seperate receipt. 

The purpose of this procedure is to show the Immigration Service that your marriage was entered into in good faith, and that the marriage is still bona fide. If your marriage is no longer viable, or you are for some other reason unable to jointly file this application, you will be required to file a waiver application.

Forms and fees can be downloaded from the USCIS website . 

Documents you will need to file with the USCIS:

• Form I-751 Petition to Remove the Condition on Lawful Permanent Resident Status
• Filing fee plus biometric service fee (see USCIS instructions), in the form of a money order payable to the "Department of Homeland Security" for each applicant
• Copy of Beneficiary's Alien Registration Card (front and back)
• Federal Income Tax Returns filed since you received your permanent residence (either joint or filed separately, indicating each other as spouse)
• Supporting documentation showing your relationship since entering marriage. Examples include:

General Instructions Regarding Forms:
Answer all questions by either typing or printing neatly in black ink. If an item is not applicable, write "N/A". If your answer to a question is none, write "none". Leave no areas blank. If you need extra space to answer an item, attach an additional sheet of paper with your full name clearly marked. Also, indicate the number of the item from the application that you are extending to the additional sheet of paper.

Every application must be properly signed and filed with the correct fee. Please note that all USCIS forms are printed on white paper, unless otherwise indicated.

What To Do Once the Petition Has Been Filed With the USCIS Service Center:
WAIT. Processing times vary, and the most current processing time report can be found on the USCIS website.  You should receive an I-797 Receipt Notice within a month, which will automatically extend the validity of your Alien Registration Card for one year.  You will also receive instructions to have your fingerprints taken at a local Application Support Center.  You and your spouse  may be asked to appear for an interview at a USCIS field office.  For many applicants, if the case is "clean", your USCIS interview may be waived and the USCIS will send your approval notice directly by mail within a few months.  If your interview is not waived, you can expect to wait for your interview to  be scheduled.

NOTIFY THE USCIS OF ANY ADDRESS CHANGES. If your home address changes at any point after filing your application, inform them in writing using form AR-11 and call the National Customer Service Center 1-800-375-5283 to update your address, or file your change of address through the USCIS website.

If You Are Called For a USCIS Interview:

• Bring all original documents/certificates
• Arrive promptly at USCIS, dressed conservatively
• Follow the instructions of the USCIS officers and your USCIS examiner
• Ask your USCIS examiner his/her name and write it down