What is I 751 Form?
The purpose of I-751 form is to petition to remove conditions on residence. While applicants can obtain a green card through various methods (e.g., marriage, employment), Form I-751 is only applicable for applicants that gained the conditional resident status through marriage. In order to receive conditional resident status, foreign nationals must have a valid marriage to a U.S. citizen or a lawful permanent resident. Applicants who are still married to a spouse have 90 days before the conditional resident status expires.
If applicants have children, they must include their full names and alien registration number in the same application. If the application does not include them, applicants have 90 days to include append their name to the existing application.
In most cases, applicants filing Form I-751 are married to their spouse, but there are situations where you may file without your spouse
- Your spouse has died
- You and your spouse have filed for divorce
- You have been subject to domestic violence
- You suffered from extreme hardship
Applicants failing to file I-751 will lose the permanent resident status after 2 years from the date you received the conditional resident status. After the expiration, applicants shall be subject to removal from the U.S. In some cases, USCIS will accept application under extreme circumstances after the status has expired. Consult with an immigration legal professional for the best course of action.
Applicants can download a copy of Form I-751 from the USCIS website.
What are Form I-751 Instructions?
Married couples who submit I-751 must follow instructions and submit completed forms. Forms that are incomplete or incorrect amount of payment may lead to a rejection. On December 23, 2016, USCIS has changed the total fee for I-751 to $680. The fee includes a filing fee of $595 and a biometric service fee of $85. Applicants filing with dependents must pay additional $85 biometric service fee per dependent.
Applicants under certain financial circumstances can file a fee waiver form (I-912) to waive the filing and biometric fees. An example of valid circumstance is an individual living at or below 150% of federal poverty guidelines.
To file Form I-751, applicants must file either to the California Service Center (CSC) or the Vermont Service Center (VSC) depending on the applicant’s state of residence.
Applicants must file at the California Service Center if residing in one of the following states:
- American Samoa
- New Mexico
- North Dakota
- South Carolina
- South Dakota
Applicants must file at the Vermont Service Center if residing in one of the following states:
- Washington, D.C.
- New Hampshire
- New Jersey
- New York
- North Carolina
- Puerto Rico
- Rhode Island
- U.S. Virgin Islands
- West Virginia
What is I-751 Processing Time?
Approximately 2 to 4 weeks after filing Form I-751, USCIS will send out a notice of action (I-797) to applicants. Applicants should carefully review the I-797 to understand the action USCIS has taken. If the application has been approved, USCIS will schedule an appoint for biometric service and an optional in-person interview. While some applications may be approved without an in-person interview, USCIS Adjudication Unit will schedule an interview if further validation of the marriage is required. Once an adjudicator reviews the applicant, fraud level ranging from A to C is assigned to an application.
Fraud Level A
- Level A is the most severe fraud level.
- Cases in Level A contain errors in the application or do not have enough supporting documents. An example is an application where the married couple does not live together, or there’s a large age gap between the couple.
Fraud Level B
- Cases in Level B do not contain errors, but supporting documents do not provide full legitimacy of the marriage. An example is an application with minimal number of required documents.
Fraud Level C
- Level C is the least severe fraud level.
- In most cases, USCIS adjudicator approves the application as the application and supporting documents have no cause for suspicion.
After the fraud level is assigned to an application, the district USCIS will schedule for an interview. While all applications with fraud level A will require interviews, level B and level C have a lower percentage of an in-person interview. To avoid delays in the immigration process, applicants should file I-751 with complete supporting documents.