Applying for Form I-751

What is Form I-751?

Form I-751, Petition to Remove Conditions on Residence, is a U.S. Citizenship and Immigration Services (USCIS) form used by conditional permanent residents who obtained a green card through marriage. Its purpose is to remove the two-year conditions on their green card and transition to a lawful permanent resident with a 10-year card. The form must be filed jointly with your spouse within 90 days before the conditional green card expires. Filing demonstrates that the marriage is genuine (bona fide) and was not entered into solely to bypass immigration laws. Failure to file on time can lead to termination of your status and potential removal proceedings.

Application Steps 

Determine Eligibility and Timing:

• Submit your Form I-751 within the 90-day window immediately before your conditional green card expires.
• Late Filing: If you file after the window, include a written explanation requesting that USCIS excuse the delay.

Gather Required Documentation:

• Form I-751: Completed and signed by both spouses (unless requesting a waiver).
• Green Card Copy: Front and back of your conditional green card.
• Evidence of a Bona Fide Marriage: Collect documents from the last two years demonstrating a shared life, such as:

• Joint bank account statements, tax returns, and insurance policies
• Joint lease or mortgage documents
• Birth certificates of children born to the marriage
• Photos of the couple together

Specific Circumstances:

• If arrested, provide court-certified records of the disposition.
• If requesting a waiver (e.g., divorce or abuse), include supporting evidence.

Complete the Form:

• Use the most recent version of Form I-751.
• If filling by hand, use black ink.
• List dependent children in Part 5 if they received green cards within 90 days of you.
• Sign the form—unsigned forms are rejected.

Pay Fees:

• Paper filing fee: $750 (as of 2026)
• Online filing fee: $700

Submit the Application:

• Online: Create a USCIS account to submit the form and upload documents.
• By Mail: Send your application package to the appropriate USCIS Lockbox.

Next Steps

• Receipt Notice: USCIS will send Form I-797, automatically extending your green card for 48 months.
• Decision: USCIS will notify you of approval or if an interview is required.

Applying for I-751 After Divorce

If you are divorced or in the process of divorcing, you may still file Form I-751 on your own by requesting a waiver of the joint filing requirement. This allows you to remove the conditions on your green card without your former spouse’s cooperation. You must show that your marriage was entered into in good faith, even though it later ended in divorce.

• You can file your I-751 as soon as your divorce is finalized. 

• If your divorce is still pending when the 90-day filing window opens, you should not wait. 

• Instead, file with evidence that the divorce proceedings are underway (such as a date-stamped divorce petition) and submit the final divorce decree to USCIS once it becomes available. For final approval, USCIS will require proof that the divorce has been completed.

 When filing under the divorce waiver, you must; 

• Complete and sign Form I-751 yourself and specifically select the waiver option indicating that the marriage was genuine but ended in divorce. 

• Include a copy of the final divorce decree (or proof the divorce is pending)

• Substantial evidence that the marriage was bona fide from the beginning

• joint bank accounts, leases, insurance policies, tax returns, photos, and other records showing a shared life) 

• A detailed personal affidavit explaining the history of the relationship, the timeline of the marriage, and the reasons for the divorce is strongly recommended.

As with all I-751 filings, failing to submit your petition on time can result in termination of your conditional resident status and possible removal proceedings, so it is critical to file within the required timeframe—even if your divorce is still in progress.

We Can Help You Today

At Blue Lake Law, we have experience guiding clients through the Form I-751 process. No matter what immigration problems you might be facing, we understand how critical precision and speed are to your case. 

We’ll help you determine your eligibility, gather the required documentation, prepare you for your interview, and prepare any necessary forms, ensuring that your petition is submitted correctly and efficiently. At Blue Lake Law we take pride in clear & effective communication with our clients and U.S. immigration services.

Contact us today to help you get started applying for a Form I-751