How To Remove Conditions On Residence?

By Author: Nancy Mervin
Total Articles: 56
Comment this article

Permanent residence status of a person is conditional if it’s based on a marriage that was less than two years old on the day the status was given. Only lawful permanent residents are given the privilege to live and work in the U.S. The spouse of the U.S citizen or green card holder is allowed to enter US with a visa and given the conditional resident status, denoted by CR-1 on passport, for them to prove they didn’t marry to forgo immigration laws of US.

When to file Form I-751?

If you are jointly filing to remove conditions on residence using Form I-751 it should be done within 90 days the conditional status expires. The conditional permanent resident status which was given to you is valid for two years. On orders of US government if you spouse and you are outside United Sates during that period, after you return to U.S you must file within 90 days. Application may be sent back if you apply too early also so during the correct time frame application should be filed. On time filing will extend the conditional resident status up to 12 months while the petition is reviewed by USCIS.

Joint filing ...
... would be waived in case marriage was terminated due to divorce or your spouse died though you married in good faith. In this case you can file any time after conditional status was granted to you and before it expires.

Delay in filing will result in you being removed out of U.S. unless you have proof and valid reason for delay.
Filing to remove conditions on residence can be done even if you are not present in US but you need to during the interview.

Documents required for filing

In order to remove conditions on residence
Immigration Form I-751 needs to be filled out and support documents include:

• Photocopy of the Alien Registration card or permanent resident card, both the front and back sides of the card. Copy of cards of your children also should be submitted in case they are included in the petition.
• Two identical passport style photos of applicant(s).
• For applicants and dependents between 14 and 79 years of age completed fingerprint cards, Form FD-258 prepared by an US embassy or consulate or USCIS office, are required.
• Proof for the marriage based on which the conditional status was given should be submitted. Documents should establish the fact that marriage was not to forgo immigration laws. It should be evident in documents like joint bank accounts or joint utility bills papers, joint savings, birth certificate of the children, insurance policies in which the spouse is a beneficiary or joint tax return documents.
• In case you need a waiver from joint filing you would require a death certificate to prove spouse’s death or a divorce decree to prove marriage termination.
• Filing fee is $505 for the Form I-751. An additional biometric fee of $85. Can be paid by check or money order payable to US Department of Homeland Security

The form to Remove conditions on residence should be filed at the USCIS California Service Center or the Vermont Service Center depending on which serves your area of residence.

Once the application is checked for completeness the beneficiary will be informed in writing about the decision and if it’s accepted you will receive a lawful permanent resident card valid for 10 years.