Petition to Remove Conditions on Permanent Residence Based on Marriage

You would get conditional permanent residence valid for 2 years if it was based on a marriage that was less than 2 years old from the day you were given permanent residence ( the day you were lawfully admitted to the U.S. on an immigrant visa or received an adjustment of status). CR-1, the notation in your passport stamp, indicates that you are a conditional resident. You must prove that you did not get married to evade the immigration laws of the U.S.

A CR-1 conditional resident has the same rights and responsibilities as a permanent resident. Therefore, you can count your time as a conditional resident towards the time to be eligible for a U.S. citizenship.

When you obtain conditional residence status, the United States Citizenship and Immigration Services (USCIS) will notify you of the conditional basis of your status, the requirements for removal of the conditions, and what would happen if you failed to file a petition to remove the conditions. You will not get another reminder when it is time to actually file for the petition.

You and your spouse must apply together during the 90 day period before your second anniversary as a conditional resident (not second marriage anniversary) to remove the conditions on your residence. If you do not apply to remove the conditions in time, you could lose your conditional resident status and be put in removal proceedings.

If you file your application too soon, that is, earlier than 90 days before your conditional residence expires, the application will be sent back to you. Remember that you need to file up to 90 days in advance, and 90 days is always not the same as 3 months. If you are late only by a few days or a few weeks, mail the application with a cover letter explaining the delay.

If you are no longer married to your sponsor spouse or have been battered or abused by your spouse, you can apply to waive the joint filing requirement. In such cases, you may apply to remove the conditions on your permanent residence any time after you have become a conditional resident but before you are removed from the U.S.

Your children may be included in your application if they got their conditional resident status at the same time or within 90 days. Your child must file a separate application if they received conditional resident status more than 90 days after you did or were granted conditional resident status independently.

If you file your USCIS Form I-751 on time, the USCIS will extend your conditional resident status for up to 12 months while your petition is under review.

The Form I-751 can be filed regardless of whether you are physically present in the U.S. at the time you file. However, you must return to the U.S. with your spouse and children in order to comply with the interview requirement.

Documents

• Cover letter
  
  Sample letter


• Form I-751, Petition to Remove the Conditions on Residence
  
  Sample I751


• Copy of USCIS Form I-551 (Permanent Resident Card)
  
  You must include it for you and for any of your conditional resident children you are filing in your petition. Submit copies of both front and back sides of the card.


• Application fee must be sent with the application.
  Additionally, biometric fee is required. You can either make two separate checks or a combined check. Separate biometric fees are required for each applicant and for each dependent.
  
  Fee details


• Evidence that you did not get married to evade the immigration laws of the U.S.
  
  Bona fide marriage documentation
  
  The documents should cover the period from the date you received the conditional green card to the filing of this petition.
  
  You may also submit affidavits sworn to or affirmed by at least 2 people (who are either U.S. citizens or lawful permanent residents) who have known both of you since your conditional residence was granted and have personal knowledge of your marriage and relationship. (Such persons may be required to testify before an immigration officer as to the information contained in the affidavit.) The original affidavit must be submitted and also contain the following information regarding the person making the affidavit: his or her full name and address; date and place of birth; relationship to you and your spouse, if any; and full information and complete details explaining how the person acquired his or her knowledge. The signatures must be notarized. Affidavits must be supported by other types of evidence listed above.
  
  Sample letters


• Criminal History
  If you have ever been arrested or detained by any law enforcement officer for any reason:
  
  
  • No charges were filed:
    
    
    • An original official statement by the arresting agency or applicable court order confirming that no charges were filed.
    
    
  • Charges were filed or, if charges were field against you without an arrest:
    
    
    • An original or court-certified copy of the complete arrest record and/or disposition for each incident (e.g., dismissal order, conviction record, or acquittal order.)
      
      If you have ever been convicted or placed in an alternative sentencing program or rehabilitative program (such as a drug treatment or community service program), submit:
    
    
  1. An original or court-certified copy of your sentencing record for each incident, and evidence that you completed your sentence, specifically:
     
     
     1. An original or certified copy of your probation or parole record; or
     
     
     2. Evidence that you completed an alternative sentencing program, or rehabilitative program.
     
     
  2. An original court-certified copy of the court order vacating, setting aside, sealing, expunging, or otherwise removing the arrest or conviction; or otherwise removing the arrest or conviction; or
  
  
  3. If no record is available, an original statement from the court that no record exists of your arrest or conviction.
     NOTE: You do not need to submit documentation for traffic fines incidents, unless
  
  
  • A traffic incident was alcohol- or drug-related
  
  
  • And it did not involve an actual arrest if the only penalty was a fine of less than $500 and/or points on your driver’s license.
    
  
  
• Circumstance-specific
  
  • Residing overseas
    
    Those who reside overseas pursuant to military or Government orders, including conditional resident dependents residing overseas and listed under Part 5 of the form, must submit the following additional items:
    
    
    • 2 identical photographs for each applicant and dependents regardless of age
      
    
    
    • If you are between the ages of 14 and 79 (applicants and dependents), two completed fingerprint cards (Form FD-258). Make sure that the completed cards are not bent, folded, or creased. You must indicate your A Number on the fingerprint card. You need to fingerprint cards prepared by a U.S. Embassy or consulate, USCIS office, or U.S. Military installation.
      If you are filing based on military or Government orders, make sure to write “ACTIVE MILITARY” or “GOVERNMENT ORDERS” on top of Form I-751 and submit a copy of your current military or government records.
      
    
    
  • Filing a joint application with your spouse
    
    
    • Form I-751 must be signed by both you and your spouse
      
    
    
  • You are a widow(er)
    
    
    • Copy of your spouse’s death certificate
      
    
    
  • Your marriage was terminated for a reason other than by the death of your spouse
    
    
    • Evidence that you entered in the marriage in good faith
      
    
    
    • Copy of your divorce or annulment decree
      
      If you are in divorce proceedings but not yet divorced, you may not apply for a waiver of the requirement to file a joint petition, based on the “good faith” exception.
      
    
    
    • Evidence that you were not at fault in failing to file the petition on time, if applicable.
      
    
    
  • You or your child were battered or subjected to extreme mental cruelty by your spouse
    
    
    • Evidence that you entered in the marriage in good faith
      
    
    
    • Expert testimony proving that you or your child were battered or subjected to extreme mental cruelty. Examples of such testimony includes, but is not limited to:
      
      
      • Evidence of the physical abuse, such as copies of reports or official records issued by police, judges, medical personnel, school officials and representatives of social service agencies, and original affidavits as described above; or
        
      
      
      • Evidence of the abuse, such as copies of reports or official records issued by police, courts, medical personnel, school officials, clergy, social workers and other social service agency personnel. You may also submit any legal documents relating to an order of protection against the abuser or relating to any legal steps you may have taken to end the abuse. You may also submit evidence that you sought safe haven in a battered women’s shelter or similar refuge, as well photographs evidencing your injuries.
        
      
      
      • Copy of your divorce decree if your marriage was terminated because of physical abuse or mental cruelty.
        
      
      
    • Evidence that you were not at fault in failing to file the petition on time, if applicable.
      
      If you are a victim of domestic abuse, you can find help through the National Domestic Violence Hotline at 800-799-7233 or 800-787-3224 (for hearing impaired). Help is available in Spanish and other languages.
      
      The Violence Against Women Act allows abused spouses and children of U.S. citizens and LPRs to “self petition”, or file their own petition to become a lawful permanent resident.
      
    
    
  • You are filing for a waiver of the joint filing requirement because the termination of your status and removal would result in “extreme hardship”
    
    
    • Evidence that the termination of your conditional resident status and your removal from the country will cause you extreme hardship, includes but is not limited to the following:
      
      
      • USCIS Form I-751 (Petition to Remove the Conditions on Residence)
        
      
      
      • Copy of USCIS Form I551 (Permanent Resident Card)
        
      
      
      • Evidence that your deportation would cause greater hardship than the hardships created when other aliens are removed from the United States.
        The evidence must be related only to those factors that arose since you became a conditional resident.
        
        However you should note that in evaluating the claim that your removal from the United States will cause you extreme hardship, the Service will only consider factors which arose after the date you obtained your conditional permanent residence.
        
      
      
  • You are a child filing separately from your parents
    
    
    • A written explanation of why you are filing separately from your parents, and any supporting documentation.
      
    
    

Filing The Application

Application filing instructions

If you live in:

Connecticut	Indiana	New Hampshire	Rhode Island
Florida	Maine	New Jersey	South Carolina
Georgia	Maryland	New York	Vermont
Guam	Massachusetts	Ohio	Wisconsin
Illinois	Michigan	Pennsylvania

Mail your I-751 to:

USCIS Elgin Lockbox

US Postal Service (USPS):

USCIS
Attn: I-751 
P.O. Box 4072
Carol Stream, IL  60197-4072

FedEx, UPS, and DHL deliveries:

USCIS
Attn: I-751 (Box 4072)
2500 Westfield Drive
Elgin, IL 60124-7836

If you live in:

Alabama	Delaware	Mississippi	Palau
Alaska	District of Columbia	Missouri	Puerto Rico
American Samoa	Hawaii	Montana	South Dakota
Arizona	Idaho	Nebraska	Tennessee
Arkansas	Iowa	Nevada	Texas
Armed Forces Europe	Kansas	New Mexico	US Virgin Islands
Armed Forces Pacific	Kentucky	No State	Utah
Armed Forces America	Louisiana	North Carolina	Virginia
California	Marshall Islands	North Dakota	Washington
Colorado	Micronesia	Oklahoma	West Virginia
Commonwealth of the Northern Mariana Islands	Minnesota	Oregon	Wyoming

Mail your I-751 to:

USCIS Phoenix Lockbox

U.S. Postal Service (USPS):

USCIS
Attn: I-751 
P.O. Box 21200
Phoenix, AZ 85036-1200

FedEx, UPS, and DHL deliveries:

USCIS
Attn: I-751 (Box 21200)
1820 E. Skyharbor Circle S
Suite 100
Phoenix, AZ 85034-4850

Filing jointly. If you are filing for the petition jointly with your spouse, you must file it during the 90-day period immediately before the second anniversary of the date you were granted conditional resident status. After those 90 days, your conditional residence expires.

If you and your spouse are outside of the U.S. on the orders of the U.S. Government during the period in which the petition must be filed, you may file it within 90 days of your return to the U.S.

You may file a petition to request that the joint filing requirement be waived any time after you are granted conditional resident status and before you are removed.

The effect of not filing. If this petition is not filed, you would automatically lose your permanent resident status as of the second anniversary of the date on which you were granted conditional status. You would then become removable from the U.S. You would then receive a notice from the USCIS telling you that you have failed to remove the conditions, and you will also receive a “Notice to Appear” for a hearing. At the hearing you may review and rebut the evidence against you. You are responsible for proving that you complied with the requirements, but the USCIS is not responsible for proving that you did not comply with the requirements.

If your failure to file was through no fault of your own, you may file your petition late with a written explanation and request that the USCIS excuse the late filing. Failure to file before the expiration date may be excused if you demonstrate when you submit the application that the delay was due to extraordinary circumstances beyond your control and that the length of the delay was reasonable. The director of the USCIS Service Center has the discretion to approve the petition and restore your permanent resident status.

Receipt Notice

A few weeks after the USCIS receives your complete application, they will send you a receipt noticed called a I-797C, Notice of Action. This is a very important document, because it extends your residency for another 1 year while the application is pending. It is your only proof of legal status until the application gets approved and can be used for employment, travel, and other purposes. You must also carry your expired green card at the same time because it has your photo on it.

Before you travel internationally, it is advisable to visit your local USCIS office and get an I-551 stamp in your passport. Bring your unexpired passport, expired green card, and your receipt notice. The USCIS will take your green card, and they will stamp “I-551” in your passport. This stamp will serve as evidence of your status and will be valid for another 1 year. If your receipt notice expires before your application gets approved, you may get an I-551 stamp as well.

Biometrics

Some time after the receiving the receipt of the application, the USCIS will send you a biometrics notice. You will have to get yourself fingerprinted and wait for the background check to complete.

Interview

The director of the district office that serves the area where you live will review the petition to determine whether an interview is required. If the director is satisfied and based on the written petition believes that your marriage was not entered into in order to obtain immigration benefits, he/she may waive the interview requirement and approve the petition. Otherwise, you and your spouse will be scheduled for an interview.

Fraud interview details

If your interview is waived, you will receive an approval notice in the mail. Take your approval notice to the local USCIS office and get an I-551 stamp in your passport for permanent residency.

If your interview is successful, you will get an I-551 stamp in your passport for permanent residency.

In either case the actual plastic card will arrive in mail within the next few months.

If your application is denied, you will be placed in removal proceedings unless you can obtain an alternate legal status. If you are placed in removal proceedings, hire an attorney if you have not already. Do not skip a court date, because failure to appear results in an automatic order of deportation and could permanently ruin your chances of immigrating. If the immigration judge decides to remove you from the country, you may appeal this decision within 33 days after that decision is made. After your appeal form and a required fee are processed, the appeal would be referred to the Board of Immigration Appeals in Washington, D.C.

Naturalization

If you are married to your U.S. citizen spouse, are still living together, and have established the 3-year residency requirement, you would be eligible for naturalization. The USCIS will not approve your naturalization application until your I-751 is approved.