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Filing the USCIS Form I-751, Petition to Remove Conditions on Residence, is a critical step for conditional residents who obtained their status through marriage and are seeking to become lawful permanent residents without conditions. This process requires individuals to provide detailed personal information, including their name, country of birth, and marital status, as well as information about their spouse, parents, and any children. Importantly, this form also allows for the inclusion of additional information related to any changes in marital status, residence, biographic details, and any legal issues encountered. For those whose marriages have ended or who have experienced hardship or abuse, there are provisions to request a waiver for joint filing. Additionally, accommodations are available for individuals with disabilities or impairments to ensure accessibility throughout the process. Understanding the complexity and importance of accurately completing this form cannot be overstated, as it directly impacts an individual's ability to achieve permanent residency and their future within the United States.

Preview - I 751 Form

Family Name
(Last Name)
Given Name
(First Name)
Middle Name
Family Name
(Last Name)
Given Name
(First Name)
Middle Name

 

 

 

 

 

 

 

 

Petition to Remove Conditions on Residence

 

 

 

USCIS

 

 

 

 

 

 

 

 

 

 

Form I-751

 

 

 

 

 

 

 

 

 

 

Department of Homeland Security

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

OMB No. 1615-0038

 

 

 

 

 

 

 

 

 

 

U.S. Citizenship and Immigration Services

 

 

Expires 12/31/2019

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Remarks

 

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Petitioner interviewed

on (mm/dd/yyyy)

 

 

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Approved under INA 216(c)(4)(C) Battered Spouse/Child

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

To be completed by an

 

Select this box if

 

Attorney State Bar Number

 

Attorney or Accredited Representative

 

attorney or accredited

 

Form G-28 is

 

(if applicable)

 

 

 

 

 

USCIS Online Account Number (if any)

 

representative (if any).

 

attached.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

START HERE - Type or print in black ink.

Part 1. Information About You, the Conditional Resident

5.Country of Birth

1.a. Family Name

(Last Name)

1.b. Given Name

(First Name)

1.c. Middle Name

Other Names Used

List all other names you have ever used, including aliases, maiden name, and nicknames. If you need extra space to complete this section, use the space provided in Part 11.

Additional Information.

2.a.

2.b.

2.c.

3.a.

3.b.

3.c.

Other Information

4. Date of Birth (mm/dd/yyyy)

6.Country of Citizenship or Nationality (provide all that apply)

7.Alien Registration Number (A-Number) (if any)

A-

8.U.S. Social Security Number (if any)

9.USCIS Online Account Number (if any)

Marital Status

10.Marital Status

Single

Married

Divorced

Widowed

11. Date of Marriage (mm/dd/yyyy)

12.Place of Marriage

13.If the marriage through which you gained conditional residence has ended, provide the date it ended (date of divorce or date of death) (mm/dd/yyyy)

14.Conditional Residence Expires On (mm/dd/yyyy)

Form I-751 Edition 12/02/19 N

Page 1 of 11

Part 1. Information About You, the Conditional

Resident (continued)

Mailing Address

15.a. In Care Of Name

15.b. Street Number

and Name

15.c. Apt. Ste. Flr.

15.d. City or Town

15.e. State

 

15.f. ZIP Code

 

 

 

16.Is your physical address different than your mailing

address?

Yes

No

 

If you answered “Yes” to Item Number 16., provide your physical address below.

Physical Address

17.a. In Care Of Name

17.b.

Street Number

 

 

 

 

 

 

 

and Name

 

 

 

17.c.

 

Apt.

 

 

Ste.

 

Flr.

 

 

 

21.If you are married, is this a different marriage than the one through which you gained conditional resident status?

Yes No

22.Have you resided at any other address since you became a

permanent resident?

Yes

No

 

If you answered “Yes” to Item Number 22., provide a list of all addresses where you have resided since becoming a permanent resident and the dates you resided at those locations in the space provided in Part 11. Additional Information.

23.Is your spouse or parent's spouse currently serving with or employed by the U.S. Government and serving outside

the United States?

Yes

No

 

Part 2. Biographic Information

1.Ethnicity (Select only one box)

Hispanic or Latino

Not Hispanic or Latino

2.Race (Select all applicable boxes)

White

Asian

Black or African American

American Indian or Alaska Native

Native Hawaiian or Other Pacific Islander

17.d.

City or Town

 

 

 

 

 

 

 

 

 

 

 

 

17.e.

State

 

17.f. ZIP Code

 

 

 

 

 

 

Additional Information About You

18.Are you in removal, deportation, or rescission

proceedings?

Yes

No

 

19.Was a fee paid to anyone other than an attorney in

connection with this petition?

Yes

No

 

20.Have you ever been arrested, detained, charged, indicted, fined, or imprisoned for breaking or violating any law or ordinance (excluding traffic regulations), or committed any crime which you were not arrested in the United

States or abroad?

Yes

No

 

If you answered "Yes" to Item Number 20., provide a detailed explanation in Part 11. Additional Information or on a separate sheet of paper, and refer to the What Initial Evidence Is Required section of the Form I-751 instructions to determine what criminal history document to include with your petition.

3.

Height

Feet

4.Weight

5.Eye Color (Select only one box)

Black

Blue

Gray

Green

Maroon

Pink

6.Hair Color (Select only one box)

Bald (No hair)

Black

Brown

Gray

Sandy

White

Inches

Pounds

Brown

Hazel

Unknown/Other

Blond

Red

Unknown/Other

Form I-751 Edition 12/02/19 N

Page 2 of 11

Part 3. Basis for Petition

Joint Filing

My conditional residence is based on my marriage or my parent's marriage to a U.S. citizen or lawful permanent resident, and I am filing this joint petition together with (Select only one box):

1.a.

My spouse.

1.b.

My parent's spouse because I am unable to be

 

included in a joint petition filed by my parent and my

 

parent's spouse.

OR (Select all applicable boxes in the next section.)

Waiver or Individual Filing Request

My conditional residence is based on my marriage or my

Other Information

2.a. Family Name

(Last Name)

2.b. Given Name

(First Name)

2.c. Middle Name

3.Date of Birth (mm/dd/yyyy)

4.U.S. Social Security Number (if any)

5.A-Number (if any)

A-

Physical Address

parent's marriage to a U.S. citizen or lawful permanent resident, I am unable to file a joint petition with my spouse or my parent's spouse, because:

1.c.

My spouse is deceased.

1.d.

My marriage was entered in good faith, but the

 

marriage was terminated through divorce or

 

annulment.

1.e.

I entered the marriage in good faith, and, during the

 

marriage, I was battered, or was the subject of

 

extreme cruelty, by my U.S. citizen or lawful

 

permanent resident spouse.

1.f.

My parent entered the marriage in good faith, and,

 

during the marriage, I was battered, or was subjected

 

to extreme cruelty, by my parent's U.S. citizen or

6.a. Street Number

and Name

6.b. Apt. 6.c. City or Town 6.d. State

6.f. Province

6.g. Postal Code

6.h. Country

Ste. Flr.

6.e. ZIP Code

 

lawful permanent resident spouse or by my

 

conditional resident parent.

1.g.

The termination of my status and removal from the

 

United States would result in an extreme hardship.

Part 4. Information About the U.S. Citizen or Lawful Permanent Resident Spouse. If Filing as a Child Separately, Information About the U.S. Citizen or Lawful Permanent Resident Stepparent Through Whom You Gained Your Conditional Residence.

Relationship

1.a.

Spouse or Former Spouse

1.b.

Parent's Spouse or Former Spouse

Part 5. Information About Your Children

Provide information on all of your children. If you need extra space to complete this section, use the space provided in Part 11. Additional Information.

Child 1

1.a. Family Name

(Last Name)

1.b. Given Name

(First Name)

1.c. Middle Name

2. Date of Birth (mm/dd/yyyy)

3.A-Number (if any)

A-

4.

Is this child living with you?

Yes

No

5.

Is this child applying with you?

Yes

No

Form I-751 Edition 12/02/19 N

Page 3 of 11

Part 5. Information About Your Children

(continued)

Physical Address

Child 3

13.a. Family Name

(Last Name)

13.b. Given Name

(First Name)

6.a. Street Number

and Name

6.b. Apt. 6.c. City or Town 6.d. State

6.f. Province

6.g. Postal Code

6.h. Country

Ste. Flr.

6.e. ZIP Code

13.c. Middle Name

14. Date of Birth (mm/dd/yyyy)

15.A-Number (if any)

A-

16.

Is this child living with you?

Yes

No

17.

Is this child applying with you?

Yes

No

Physical Address

18.a. Street Number

and Name

Child 2

7.a. Family Name

(Last Name)

7.b. Given Name

(First Name)

7.c. Middle Name

8. Date of Birth (mm/dd/yyyy)

9.A-Number (if any)

A-

10.

Is this child living with you?

Yes

No

11.

Is this child applying with you?

Yes

No

Physical Address

18.b. Apt. Ste. Flr. 18.c. City or Town

18.d. State 18.e. ZIP Code 18.f. Province

18.g. Postal Code

18.h. Country

Child 4

19.a. Family Name

(Last Name)

19.b. Given Name

(First Name)

12.a. Street Number

and Name 12.b. Apt.

12.c. City or Town 12.d. State

12.f. Province

12.g. Postal Code

12.h. Country

Ste. Flr.

12.e. ZIP Code

19.c. Middle Name

20. Date of Birth (mm/dd/yyyy)

21.A-Number (if any)

A-

22.

Is this child living with you?

Yes

No

23.

Is this child applying with you?

Yes

No

Form I-751 Edition 12/02/19 N

Page 4 of 11

Part 5. Information About Your Children

(continued)

Physical Address

24.a. Street Number

and Name

24.b.

Apt.

Ste.

Flr.

 

 

24.c.

City or Town

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

24.d.

State

 

 

24.e. ZIP Code

 

24.f.

 

 

 

 

 

 

 

Province

 

 

 

 

 

 

 

 

 

 

24.g.

Postal Code

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

24.h.

Country

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Child 5

25.a. Family Name

(Last Name)

25.b. Given Name

(First Name)

25.c. Middle Name

26. Date of Birth (mm/dd/yyyy)

27.A-Number (if any)

A-

28.

Is this child living with you?

Yes

No

29.

Is this child applying with you?

Yes

No

Physical Address

Part 6. Accommodations for Individuals With Disabilities and/or Impairments

NOTE: Read the information in the Form I-751 Instructions before completing this part.

1.Are you requesting an accommodation because of your

disabilities and/or impairments?

Yes

No

2.Are you requesting an accommodation because of your spouse's disabilities and/or impairments?

Yes No

3.Are you requesting an accommodation because of your included children's disabilities and/or impairments?

Yes No

If you answered "Yes" to Item Numbers 1. - 3., select any applicable box for Item Numbers 4.a. - 4.c. Provide information on the disabilities and/or impairments for each person.

4.a. I am deaf or hard of hearing and request the following accommodation. (If you are requesting a sign-language interpreter, indicate for which language (for example, American Sign Language).):

4.b.

I am blind or have low vision and request the

 

following accommodation:

 

 

 

 

 

 

4.c. I have another type of disability and/or impairment. (Describe the nature of your disability and/or

30.a. Street Number

and Name 30.b. Apt.

30.c. City or Town 30.d. State

30.f. Province

30.g. Postal Code

30.h. Country

Ste. Flr.

30.e. ZIP Code

impairment and the accommodation you are requesting.):

Form I-751 Edition 12/02/19 N

Page 5 of 11

Part 7. Petitioner's Statement, Contact

Information, Acknowledgement of Appointment

at USCIS Application Support Center,

Certification, and Signature

NOTE: Read the information on penalties in the Penalties section of the Form I-751 Instructions before completing this part.

NOTE: If you selected Box 1.a. in Part 3., your spouse must also read and sign the petition in Part 8. Signature of a conditional resident child under 14 years of age is not required; a parent may sign for a child.

Petitioner's Statement

NOTE: Select the box for either Item Number 1.a. or 1.b. If applicable, select the box for Item Number 2.

1.a.

I can read and understand English, and have read and

 

understand every question and instruction on this

 

petition, as well as my answer to every question. I

 

have read and understand the Acknowledgement of

 

Appointment at USCIS Application Support

 

Center.

 

 

 

1.b.

The interpreter named in Part 9. has also read to me

 

every question and instruction on this petition, as well

 

as my answer to every question, in

 

 

 

 

,

 

a language in which I am fluent. I understand every

 

 

question and instruction on this petition as translated

 

to me by my interpreter, and have provided complete,

 

true, and correct responses in the language indicated

 

above. The interpreter named in Part 9. has also

 

read the Acknowledgement of Appointment at

 

USCIS Application Support Center to me, in the

 

language in which I am fluent, and I understand this

 

Application Support Center (ASC)

 

Acknowledgement as read to me by my interpreter.

2.

I have requested the services of and consented to

 

 

 

 

,

 

who

is

is not an attorney or accredited

 

 

representative, preparing this petition for me. This

 

person who assisted me in preparing my petition has

 

reviewed the Acknowledgement of Appointment at

 

USCIS Application Support Center with me, and I

 

understand the ASC Acknowledgement.

Petitioner's Contact Information

3.Petitioner's Daytime Telephone Number

4.Petitioner's Mobile Telephone Number (if any)

5.Petitioner's Email Address (if any)

Acknowledgement of Appointment at USCIS Application Support Center

I,

,

understand that the purpose of a USCIS ASC appointment is for me to provide fingerprints, photograph, and/or signature and to re-affirm that all of the information in my petition is complete, true, and correct and was provided by me. I understand that I will sign my name to the following declaration which USCIS will display to me at the time I provide my fingerprints, photograph, and/or signature during my ASC appointment.

By signing here, I declare under penalty of perjury that I have reviewed and understand my application, petition, or request as identified by the receipt number displayed on the screen above, and all supporting documents, applications, petitions, or requests filed with my application, petition, or request that I (or my attorney or accredited representative) filed with USCIS, and that all of the information in these materials is complete, true, and correct.

If conditional residence was based on a marriage, I further certify that the marriage was entered into in accordance with the laws of the place where the marriage took place and was not for the purpose of procuring an immigration benefit.

I also understand that when I sign my name, provide my fingerprints, and am photographed at the USCIS ASC, I will be re-affirming that I willingly submit this petition; I have reviewed the contents of this petition; all of the information in my petition and all supporting documents submitted with my petition were provided by me and are complete, true, and correct; and if I was assisted in completing this petition, the person assisting me also reviewed this Acknowledgement of Appointment at USCIS Application Support Center with me.

Form I-751 Edition 12/02/19 N

Page 6 of 11

Part 7. Petitioner's Statement, Contact

Information, Acknowledgement of Appointment

at USCIS Application Support Center,

Certification, and Signature (continued)

Petitioner's Certification

Copies of any documents I have submitted are exact photocopies of unaltered, original documents, and I understand that USCIS may require that I submit original documents to USCIS at a later date. Furthermore, I authorize the release of any information from any and all of my records that USCIS may need to determine my eligibility for the immigration benefit that I seek.

I furthermore authorize release of information contained in this petition, in supporting documents, and in my USCIS records to other entities and persons where necessary for the administration and enforcement of U.S. immigration laws.

I certify under penalty of perjury, that the information in my petition, my responses to each question, and any document submitted with my petition were provided by me and are complete, true, and correct.

Petitioner's Signature

6.a. Petitioner's Signature

6.b. Date of Signature (mm/dd/yyyy)

NOTE TO ALL PETITIONERS: If you do not completely fill out this petition or fail to submit required documents listed in the Instructions, USCIS may deny your petition.

NOTE: If you are filing based on claims of having been battered or subjected to extreme cruelty waiver or individual filing, you are not required to have the spouse's or individual listed in Part 4's signature.

Part 8. Spouse's or Individual Listed in Part 4.'s Statement, Contact Information, Acknowledgement of Appointment USCIS Application Support Center, Certification, and Signature (if applicable)

Provide the following information about the spouse or individual listed in Part 4.

NOTE: Read the information on penalties in the Penalties section of the Form I-751 Instructions before completing this part.

Spouse's or Individual's Statement

NOTE: Select the box for either Item Number 1.a. or 1.b. If applicable, select the box for Item Number 2.

1.a.

I can read and understand English, and have read and

 

understand every question and instruction on this

 

petition, as well as the petitioner's answer to every

 

question. I have read and understand the

 

Acknowledgement of Appointment at USCIS

 

Application Support Center.

1.b.

The interpreter named in Part 9. has also read to me

 

every question and instruction on this petition, as

 

well as the petitioner's answer to every question, in

 

 

 

 

,

 

a language in which I am fluent. I understand every

 

 

question and instruction on this petition as translated

 

to me by my interpreter, and have provided complete,

 

true, and correct responses in the language indicated

 

above. The interpreter named in Part 9. has also

 

read the Acknowledgement of Appointment at

 

USCIS Application Support Center to me, in the

 

language in which I am fluent, and I understand this

 

Application Support Center (ASC)

 

Acknowledgement as read to me by my interpreter.

2.

I have requested the services of and consented to

 

 

 

 

,

 

who

is

is not an attorney or accredited

 

 

representative, preparing this petition for me. This

 

person who assisted me in preparing my petition has

 

reviewed the Acknowledgement of Appointment at

 

USCIS Application Support Center with me, and I

 

understand the ASC Acknowledgement.

Spouse's or Individual's Contact Information

3.Spouse's or Individual's Daytime Telephone Number

4.Spouse's or Individual's Mobile Telephone Number (if any)

5.Spouse's or Individual's Email Address (if any)

Form I-751 Edition 12/02/19 N

Page 7 of 11

Part 8. Spouse's or Individual Listed in Part 4.'s Statement, Contact Information, Acknowledgement of Appointment USCIS Application Support Center, Certification, and Signature (if applicable) (continued)

Acknowledgement of Appointment at USCIS Application Support Center

I,

,

understand that the purpose of a USCIS ASC appointment is for me to provide my fingerprints, photograph, and/or signature and to re-affirm that all of the information in my petition is complete, true, and correct and was provided by me. I understand that I will sign my name to the following declaration which USCIS will display to me at the time I provide my fingerprints, photograph, and/or signature during my ASC appointment.

By signing here, I declare under penalty of perjury that I have reviewed and understand my application, petition, or request as identified by the receipt number displayed on the screen above, and all supporting documents, applications, petitions, or requests filed with my application, petition, or request that I (or my attorney or accredited representative) filed with USCIS, and that all of the information in these materials is complete, true, and correct.

I also understand that when I sign my name, provide my

Spouse's or Individual's Signature

6.a. Spouse's or Individual's Signature

6.b. Date of Signature (mm/dd/yyyy)

NOTE TO ALL SPOUSES OR INDIVIDUALS: If you do not completely fill out this petition or fail to submit required documents listed in the instructions, USCIS may deny your petition.

Part 9. Interpreter's Contact Information, Certification, and Signature

Provide the following information about the interpreter.

Interpreter's Full Name

1.a. Interpreter's Family Name (Last Name)

1.b. Interpreter's Given Name (First Name)

2.Interpreter's Business or Organization Name (if any)

Interpreter's Mailing Address

fingerprints, and am photographed at the USCIS ASC, I will be re-affirming that I willingly submit this petition; I have reviewed the contents of this petition; all of the information in my petition and all supporting documents submitted with my petition were provided by me and are complete, true, and correct; and if I was assisted in completing this petition, the person assisting me also reviewed this Acknowledgement of Appointment at USCIS Application Support Center with me.

Spouse's or Individual's Certification

Copies of any documents I have submitted are exact photocopies of unaltered, original documents, and I understand that USCIS may require that I submit original documents to USCIS at a later date. Furthermore, I authorize the release of any information from any and all of my records that USCIS may need to determine my

3.a. Street Number

and Name

3.b. Apt. 3.c. City or Town 3.d. State

3.f. Province

3.g. Postal Code

3.h. Country

Ste. Flr.

3.e. ZIP Code

eligibility for the immigration benefit that I seek.

I furthermore authorize release of information contained in this petition, in supporting documents, and in my USCIS records to other entities and persons where necessary for the administration and enforcement of U.S. immigration laws.

I certify under penalty of perjury, that the information in my petition, my responses to each question, and any document submitted with my petition were provided by me and are complete, true, and correct.

Interpreter's Contact Information

4.Interpreter's Daytime Telephone Number

5.Interpreter's Email Address (if any)

Form I-751 Edition 12/02/19 N

Page 8 of 11

Part 9. Interpreter's Contact Information,

Preparer's Mailing Address

Certification, and Signature (continued)

Interpreter's Certification

I certify that:

 

 

I am fluent in English and

 

, which

is the same language provided in Part 7., Item Number

1.b.;

I have read to this petitioner every question and instruction on this petition, as well as the answer to every question, in the language provided in Part 7., Item Number 1.b.; and

I have read the Acknowledgement of Appointment at USCIS Application Support Center to the petitioner in the same language provided in Part 7., Item Number 1.b.

3.a. Street Number

and Name

3.b. Apt. 3.c. City or Town 3.d. State

3.f. Province

3.g. Postal Code

3.h. Country

Ste. Flr.

3.e. ZIP Code

The petitioner has informed me that he or she understands every instruction and question on the petition, as well as the answer to every question, and the petitioner verified the accuracy of every answer; and

The petitioner has also informed me that he or she understands the ASC Acknowledgement and that by appearing for a USCIS ASC biometric services appointment and providing his or her fingerprints, photograph, and/or signature, he or she is re-affirming that the contents of this petition and all supporting documentation are complete, true, and correct.

Preparer's Contact Information

4.Preparer's Daytime Telephone Number

5.Preparer's Fax Number

6.Preparer's Email Address (if any)

Interpreter's Signature

6.a. Interpreter's Signature

6.b. Date of Signature (mm/dd/yyyy)

Part 10. Contact Information, Statement, Certification, and Signature of the Person Preparing this Petition, If Other Than the Petitioner

Provide the following information about the preparer.

Preparer's Full Name

1.a. Preparer's Family Name (Last Name)

1.b. Preparer's Given Name (First Name)

2.Preparer's Business or Organization Name (if any)

Preparer's Statement

7.a.

I am not an attorney or accredited representative

 

but have prepared this petition on behalf of the

 

petitioner and with the petitioner's consent.

7.b.

I am an attorney or accredited representative and

 

my representation of the petitioner in this case

 

 

extends

 

does not extend beyond the

 

 

 

preparation of this petition.

NOTE: If you are an attorney or accredited representative whose representation extends beyond preparation of this petition, you must submit a completed Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, with this petition.

Form I-751 Edition 12/02/19 N

Page 9 of 11

Part 10. Contact Information, Statement,

Certification, and Signature of the Person

Preparing this Petition, If Other Than the

Petitioner (continued)

Preparer's Certification

By my signature, I certify, swear, or affirm, under penalty of perjury, that I prepared this petition on behalf of, at the request of, and with the express consent of the petitioner. I completed this petition based only on responses the petitioner provided to me. After completing the petition, I reviewed it and all of the petitioner's responses with the petitioner, who agreed with every answer on the petition. If the petitioner supplied additional information concerning a question on the petition, I recorded it on the petition. I have also read the Acknowledgement of Appointment at USCIS Application Support Center to the petitioner and the petitioner has informed me that he or she understands the ASC Acknowledgement

Preparer's Signature

8.a. Preparer's Signature

8.b. Date of Signature (mm/dd/yyyy)

Form I-751 Edition 12/02/19 N

Page 10 of 11

Form Data

Fact Name Description
Purpose The Form I-751 is used by conditional residents who obtained status through marriage to request that the U.S. Citizenship and Immigration Services (USCIS) remove the conditions on their residence.
Joint Filing Requirement Most petitioners must file Form I-751 jointly with their spouse. However, certain exceptions apply, such as cases involving divorce, widowhood, or instances of abuse.
Document Expiration The form edition being used here expires on 12/31/2019, indicating that users must ensure they have the most current form by checking the USCIS website.
Additional Information Section Form I-751 provides space in Part 11 for additional information. This allows petitioners to provide extra details or explanations that do not fit in the standard fields of the form.
Accommodations for Disabilities USCIS offers accommodations for individuals with disabilities or impairments, which can be requested via Part 6 of the Form I-751.

Instructions on Utilizing I 751

Filling out the I-751 form is a crucial step towards removing conditions on residence for those who gained conditional residency through marriage to a U.S. citizen or lawful permanent resident. The process can seem daunting, but with careful attention to detail and proper preparation, it's manageable. The goal is to ensure all information is accurately represented, providing a clear path for USCIS to process the petition. Here are the steps to complete the I-751 form:

  1. Start by downloading the latest version of Form I-751 from the U.S. Citizenship and Immigration Services (USCIS) website to ensure you have the most up-to-date form.
  2. Use black ink to type or print the required information clearly.
  3. Part 1. Fill in your personal information, starting with your last name, first name, and middle name in the spaces provided.
  4. List any other names you have ever used, including aliases, maiden names, and nicknames in the designated area.
  5. Continue with your country of birth, countries of citizenship or nationality, and Alien Registration Number (A-Number), if applicable.
  6. Enter your U.S. Social Security Number and USCIS Online Account Number if you have them.
  7. Indicate your marital status and provide marriage information, including the date and place of your marriage.
  8. If your conditional residence was based on a marriage that has since ended, provide the date it ended.
  9. Part 1. Mailing Address: Fill in your current mailing address, including the name of the person in care of, street number and name, apartment/unit number, city or town, state, and ZIP code.
  10. If your physical address is different from your mailing address, check "Yes" and provide the physical address details.
  11. Answer questions about any previous marriages, changes of address since becoming a permanent resident, and if your spouse or parent’s spouse is serving the U.S. Government outside the United States.
  12. Part 2. Biographic Information: Select the appropriate options for your ethnicity, race, height, weight, eye color, and hair color.
  13. Part 3. Basis for Petition: Indicate whether you are filing jointly with your spouse or if you are requesting a waiver or individual filing due to special circumstances such as divorce, death of a spouse, or instances of abuse.
  14. Provide details about your U.S. citizen or lawful permanent resident spouse or parent's spouse, including their full name, date of birth, U.S. Social Security Number, and Alien Registration Number.
  15. Part 5. Information About Your Children: Include information about all of your children, such as their full names, dates of birth, Alien Registration Numbers, and whether they live with you and are applying with you.
  16. If you or any included individuals have disabilities or impairments requiring accommodation, detail those needs in Part 6.
  17. Ensure to sign and date the form, verifying that all provided information is complete and true to the best of your knowledge.
  18. Lastly, gather the required supporting documents listed in the I-751 instructions before submitting your form and evidence to USCIS.

After submitting Form I-751, you will receive a notice of receipt from USCIS, extending your conditional residency status for 18 months, allowing you time to remain in the U.S. legally while your petition is processed. Next, USCIS may request more evidence or schedule an interview if necessary. Ultimately, the approval of your Form I-751 will result in the removal of conditions on your residence, granting you permanent residency status. Throughout this process, remember the importance of maintaining accurate records and promptly responding to any USCIS requests to ensure a smoother journey toward permanent residency.

Obtain Answers on I 751

  1. What is Form I-751?

    Form I-751, Petition to Remove Conditions on Residence, is a document used by conditional residents who obtained status through marriage to request that the U.S. Citizenship and Immigration Services (USCIS) remove the conditions on their residence. This form allows individuals to transition from conditional to permanent resident status, assuming they meet certain eligibility criteria.

  2. Who needs to file Form I-751?

    Conditional residents who were granted status through marriage to a U.S. citizen or lawful permanent resident must file Form I-751. This includes individuals who entered into the marriage in good faith, and the marriage was either still valid, ended through divorce or annulment, or in cases where the applicant was battered or subjected to extreme cruelty by their spouse.

  3. When should you file Form I-751?

    Form I-751 should be filed within the 90 days before the conditional residence expires. The expiration date can be found on the green card. Timely filing is crucial for maintaining lawful status in the United States.

  4. Can you file Form I-751 if you are no longer married?

    Yes, you can still file Form I-751 if you are no longer married, provided that you entered the marriage in good faith. You will need to file with a waiver of the joint filing requirement and provide evidence that the marriage was genuine and not for immigration benefits.

  5. What happens if you fail to file Form I-751 on time?

    Failing to file Form I-751 on time may result in the loss of conditional resident status and the initiation of removal proceedings against you. However, under certain circumstances, late filings might be accepted if accompanied by a reasonable explanation for the delay.

  6. What evidence do you need to submit with Form I-751?

    The evidence required with Form I-751 varies depending on individual circumstances but generally includes proof of the marital relationship, such as joint financial statements, lease agreements, birth certificates of children born to the marriage, and photographs together. If applicable, evidence supporting a waiver request should also be included.

  7. Can dependents be included in the I-751 petition?

    Yes, dependent children who gained conditional resident status within 90 days of the principal conditional resident can be included on the same Form I-751 if they are the principal applicant's children. Separate petitions may be required if the conditional residence was granted at different times.

  8. How long does it take to process Form I-751?

    Processing times for Form I-751 can vary significantly based on the workload of USCIS at the time of filing and the complexity of the case. It's essential to check the current processing times on the USCIS website for the most accurate information.

  9. What happens after filing Form I-751?

    After filing Form I-751, you will receive a receipt notice from USCIS, extending your conditional resident status for typically 18 months, allowing you to remain in the U.S. legally while your petition is being processed. You may be called for an interview, and if approved, you will be issued a new 10-year permanent resident card.

Common mistakes

When filling out the I-751 form, individuals often encounter various pitfalls that can impact the processing of their petition to remove conditions on residence. Recognizing and avoiding these mistakes is crucial for a smooth application process.

  1. Not signing the form: One of the most straightforward but frequent errors is the failure to sign the form. An unsigned form will be returned.

  2. Incorrect information: Providing inaccurate information, whether it's a misspelled name or incorrect date, can lead to unnecessary delays.

  3. Leaving sections blank: Even if a section seems not applicable, it's important to fill it out accordingly, usually by marking it "N/A" or "None," if that's the case.

  4. Using outdated forms: The U.S. Citizenship and Immigration Services (USCIS) periodically updates its forms. Submitting an outdated version can result in the rejection of your application.

  5. Not including necessary evidence: Failing to attach required supporting documents or evidence can lead to the denial of the petition.

  6. Mismatched information: Information on the I-751 form must match other documentation submitted with the application, such as marriage certificates or divorce decrees.

  7. Failing to report changes: Not reporting changes in circumstances, such as address changes or alterations in marital status, can complicate the process.

  8. Incorrect fee: Submitting the wrong fee or failing to include the fee can delay processing. Always check the latest fee requirements on the USCIS website.

  9. Overlooking translator certifications: If you submit documents in a foreign language, they must be accompanied by a full English translation that the translator has certified as complete and correct.

Avoiding these common mistakes can save applicants time, money, and the stress of dealing with complications in removing conditions on residence. It's advisable to review the form carefully, ensure all information is accurate and complete, and follow the USCIS instructions closely. Additionally, consulting with a professional can be beneficial in ensuring the application process is handled correctly.

Documents used along the form

Navigating the path to U.S. permanent residency can be complex, especially when it involves removing conditions on your residency with the USCIS Form I-751, Petition to Remove Conditions on Residence. This form is a critical step for conditional permanent residents who obtained their status through marriage to a U.S. citizen or lawful permanent resident. However, submitting Form I-751 is only part of the journey. There are several other forms and documents that often accompany the I-751 to support the petition, clarify information, or offer additional details. Understanding these documents is essential to ensure a smooth application process.

  • Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative: This form is used when an attorney or accredited representative is assisting with the I-751 petition. It officially establishes who is representing the applicant.
  • Form I-797, Notice of Action: After submitting the I-751, this form serves as a receipt notice. Later, it might also be used to communicate decisions or requests for additional evidence from USCIS.
  • Form I-90, Application to Replace Permanent Resident Card: This is used if the green card is lost, stolen, or damaged and needs to be replaced while the I-751 is being processed.
  • Form N-400, Application for Naturalization: Some individuals may be eligible to apply for citizenship while their I-751 is pending, and this form starts the naturalization process.
  • Form I-551, Permanent Resident Card: Also known as a Green Card, a copy of this must be submitted with the I-751 to prove the petitioner's current conditional status.
  • Form I-539, Application To Extend/Change Nonimmigrant Status: Not directly related to the I-751, but sometimes used by family members who need to adjust their nonimmigrant status while the principal applicant's I-751 is pending.
  • Form I-693, Report of Medical Examination and Vaccination Record: While not typically required for I-751, it may be requested in situations where the conditional resident's initial medical examination results have expired or were incomplete.
  • Evidence of Bona Fide Marriage: This isn't a USCIS form, but submitting documents like joint bank statements, children's birth certificates, or joint leases can prove the legitimacy of the marriage, an essential aspect of the I-751's approval.

Each document plays a unique role in assembling a comprehensive case for the removal of conditions on residence. They work together to illustrate the petitioner’s eligibility, integrity, and the genuine nature of their marriage. Ensuring accurate and complete documentation can significantly impact the efficiency and outcome of the petition process. Therefore, it’s important for applicants to understand the purpose and requirements of each form and document involved. In doing so, petitioners can navigate the complexities of the application process more confidently and with greater prospects for success.

Similar forms

  • The Form I-130, Petition for Alien Relative, is similar to the I-751 as it serves as a means for family reunification by allowing U.S. citizens or lawful permanent residents to petition for certain family members to immigrate to the United States. Both forms involve proving relationships and providing detailed personal information.

  • The Form I-485, Application to Register Permanent Residence or Adjust Status, shares similarities with the I-751 in that both are critical steps in the process toward lawful permanent residency. Applicants must submit detailed biodata, background information, and in some cases, evidence of relationships.

  • The Form N-400, Application for Naturalization, resembles the I-751 in its requirement for personal details, history of residence, and background information as part of the process to change one’s status, in this case, from permanent resident to U.S. citizen.

  • Form I-129F, Petition for Alien Fiancé(e), is akin to the I-751 in its focus on relationship-based immigration. This form is used to petition to bring a foreign fiancé(e) to the United States, requiring proof of relationship and intent to marry, similar to how the I-751 requires evidence of a bona fide marriage.

  • The Form I-864, Affidavit of Support Under Section 213A of the INA, although primarily a financial document, shares with the I-751 the necessity of establishing bona fide relationships through documentation. It is used to show that an immigrant has adequate means of financial support and is not likely to rely on the U.S. government for financial support.

  • The Form I-90, Application to Replace Permanent Resident Card, is similar to the I-751 in that both are involved with the maintenance or update of permanent resident status. The I-90 is used to replace a Green Card, necessitating the submission of personal and residency information.

  • Form DS-260, Immigrant Visa Electronic Application, parallels the I-751 form in its comprehensive collection of personal, familial, and background information as part of the consular processing for seeking to immigrate to the United States. Both forms are integral steps in the journey toward U.S. residency.

Dos and Don'ts

When working with the I-751, Petition to Remove Conditions on Residence, precision and attention to detail are paramount. The goal is simple: ensure a smooth transition from conditional to permanent resident status. Here are four do's and don'ts that spell the difference between success and setbacks in this critical process.

Do:

  • Ensure accuracy: Double-check every detail you enter. From your name to dates, every piece of information should match your official documents.
  • Include all necessary documentation: Gather and attach all required evidence such as marriage certificates, joint financial statements, etc., to prove the bona fide nature of your marriage.
  • Notify USCIS of any changes: Keep the USCIS informed about changes in your address or personal circumstances as soon as they happen.
  • Seek qualified help if needed: Don't hesitate to consult with an immigration attorney or accredited representative if you're unsure about any part of the application process.

Don't:

  • Leave blanks: Instead of leaving a response area blank, use "N/A" or "None" if the question does not apply to your situation. It demonstrates that you did not overlook the question.
  • Forget to sign: An unsigned form can lead to delays or even denial. Make sure that both you and any applicable joint petitioner sign the form where required.
  • Assume one size fits all: Every case is unique. Tailor the supporting documents to your specific situation rather than relying on generic checklists.
  • Miss your filing window: Timing is crucial. Filing too early or too late can complicate your case, so pay close attention to your conditional residence expiration date and the 90-day filing period.

Misconceptions

Misunderstandings about the process of completing and submitting Form I-751, "Petition to Remove Conditions on Residence," can cause unnecessary anxiety and delays for applicants. Clarifying these misconceptions can streamline the process and set realistic expectations.

  • Only individuals going through divorce need Form I-751: It's common to think this form is solely for those ending their marriage. However, Form I-751 is required for all conditional residents who obtained their status through marriage and wish to convert it to permanent residency, irrespective of their marital status at the time of application.
  • All applications are subject to an interview: While USCIS retains the right to call any petitioner for an interview, not all I-751 applications result in one. Various factors, including the completeness of the evidence provided, can influence this decision.
  • Biometrics are optional: Another mistaken belief is that the biometrics appointment, including fingerprinting and photo, is not always necessary. In reality, this step is a mandatory part of the I-751 processing to help confirm the applicant's identity and run necessary background checks.
  • Joint filing is mandatory: There’s a misconception that you must file jointly with your spouse. While joint petitions are common, the form also allows for waiver applications if the marriage ended in divorce, if the petitioner is a widow, or if they were subject to abuse, eliminating the joint filing requirement.
  • Filing late leads to automatic denial: Late filing of Form I-751 is a serious concern but does not automatically result in denial. Applicants can explain the reason for the delay, and USCIS may consider extenuating circumstances. However, timely filing is strongly advised to avoid complications.
  • You can't work or travel while your I-751 is pending: It's a common misconception that once your conditional green card expires, you lose the ability to work or travel internationally. In reality, USCIS issues a receipt notice extending these privileges for 18 months while your I-751 is being processed.
  • Legal representation is required: While having an attorney can be beneficial, especially in complex cases, it's not a requirement. Many applicants successfully navigate the process on their own by carefully following the instructions and ensuring their application is complete.
  • No need to notify USCIS of address changes: Actually, failing to update USCIS with any address changes can result in missed communications and potentially jeopardize one's immigration status. It’s crucial to report any move within ten days.
  • Approval guarantees U.S. citizenship: Lastly, some believe that once Form I-751 is approved, U.S. citizenship status is automatic. However, while approval grants permanent residency, citizenship requires a separate application process (Form N-400), eligibility for which comes later.

Addressing these misconceptions can help ensure a smoother process for conditional residents seeking to make their status permanent, emphasizing the importance of understanding and correctly following USCIS procedures and requirements.

Key takeaways

Filling out the Form I-751, Petition to Remove Conditions on Residence, is a critical step for conditional residents who are based on marriage to a U.S. citizen or lawful permanent resident. Understanding the key aspects can streamline the process and help avoid common pitfalls. Here are four essential takeaways to help ensure a smooth submission:

  • Ensure all information is complete and accurate: The I-751 form requires detailed personal information, including all names you have used, addresses since becoming a permanent resident, and your current marital status. Accurate completion of every section is crucial to avoid delays or the denial of the petition.
  • Joint filing is the norm, but waivers are available: Generally, this form is filed jointly by the conditional resident and their spouse. However, exceptions exist for cases such as widowhood, divorce, or if the conditional resident or their child were subjected to extreme cruelty. Understanding when a waiver or individual filing is applicable can be essential.
  • Documenting your marriage is key: To successfully remove the conditions on your residence, you must provide evidence that your marriage was entered in good faith. This includes financial records, joint leases, or birth certificates of children born to the marriage, among others. The quality and quantity of evidence can significantly impact the outcome.
  • Address changes must be reported promptly: If your address changes at any point after filing the I-751 form until the removal of conditions is approved, it's imperative to notify U.S. Citizenship and Immigration Services (USCIS). Failure to do so can result in missed communications and jeopardize your status.

By familiarizing yourself with these key points and carefully preparing your Form I-751 submission, you're taking an important step toward securing your status in the U.S. Remember that attention to detail and providing a complete, well-documented petition can significantly influence the removal of conditions on your residence.

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