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I-751 Petition to Remove Conditions on Residence

Conditional residence is granted when applying for a green card and an Adjustment of Status by using the Form I-485. Conditional Residence is granted to those visa holders who are living in the U.S based on their own or their parent’s marriage to a U.S citizen.

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Conditional residence only lasts two years. When you are nearing this two year period, the Form I-751 is filed with the U.S. Citizenship and Immigration Services (USCIS) to request that the conditions on your residence be removed so that you will be classified as a permanent resident.

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The USCIS requires certain documentation to support your application. Most documents are quite straightforward but consider carefully which documents will support your application best.

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SUPPORTING DOCUMENTATION

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  • A copy of the front and back of your green card

  • Proof of a good faith marriage (see below)

  • Documents supporting your request for a waiver of the joint filing requirement, if applicable (see below)

  • The court order granting your name change (if applicable)

  • Documents relating to your criminal or drug history (if applicable) – make sure you get help from a professional if this is applicable as this can lead to denial of permanent residence

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GOOD FAITH MARRIAGE

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The USCIS wants to know that the marriage that your green card is based on is real.

 

Unfortunately, marriage fraud is a common way to get a green card, so you’ll have to prove a “bona fide” marriage along with filing your Form I-751. The USCIS recommends using the below documents (those that are relevant), covering the two year period of your conditional residency, as proof:

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  • Copies of your children’s birth certificates (this is a very strong form of evidence)

  • Documents showing joint ownership of assets

  • Documents showing joint debts and liabilities

  • Lease agreements or home mortgages from places you have rented or owned together

  • Affidavits from two people, who know both you and your spouse personally, affirming that the marriage is a real thing. These affidavits must document how they know you and how they are able to speak about the validity of the marriage

  • Any other documents that might support your case

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REQUESTING A WAIVER OF THE JOINT FILING REQUIREMENT

 

You can seek a waiver of the joint filing requirement if you are unable to file your Form I-751 jointly with your U.S citizen spouse or parent. This would be due to death, divorce, abuse or other applicable circumstances. 

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The following documents (whichever is applicable) will have to be submitted together with your waiver request:

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  • A copy of the death certificate

  • A copy of the divorce certificate

  • Proof of abuse or cruelty such as police reports, medical reports, social worker reports, photographs of injuries etc.

  • Documentation of the reason you are filing your application separately from your parent’s application

  • Evidence proving that you will undergo “extreme hardship” if you are removed from the U.S if that is your reason for your application of the waiver. You’ll have to prove the type of hardship and why this would be any worse than what any other immigrant would face if they were removed after having spent time in the U.S.

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If you are applying for the waiver, it will be a good idea to use the help of a professional to prepare these documents. As the USCIS is on the lookout for fraudulent marriages and will be very strict in assessing your application, we can help you prepare your Form I-751. This will help to avoid unnecessary issues and possible denial.

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FORM I-751 FEES

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The application fee for Form I-90 is $680 (including an $85 biometric fee). Both these fees may be waived by completing Form I-912, Request for Fee Waiver. 

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If there are no further complications, in your case, our filing fee will be $300, but every case is unique.

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For more information, please contact us.

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