Your permanent resident status is conditional if it is based on marriage and you were married less than 2 years on the day you obtained permanent resident status. You obtain conditional permanent resident status when you are either admitted to the United States on an immigrant visa or adjust your status to that of a lawful permanent resident. Your status is conditional until USCIS approves your Form I-751, Petition to Remove Conditions on Residence.
You are a conditional permanent resident based on marriage
You were married less than 2 years when you obtained permanent resident status
Your 2-year conditional Green Card is expiring (file within 90 days before expiration)
You are still married to the same U.S. citizen or lawful permanent resident (for joint filing)
Or you qualify for a waiver of the joint filing requirement
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Regulatory Criteria
Joint Filing Requirement
Generally, you must apply to remove the conditions on permanent residence with your U.S. citizen or lawful permanent resident spouse or stepparent (called 'filing jointly').
Examples
You are still married to the same U.S. citizen or lawful permanent resident
Both spouses must sign Form I-751
Your parent is still married to the same U.S. citizen or LPR (if you are a child)
Children may be included on parent's Form I-751 if status obtained same time or within 90 days
90-Day Filing Window
If you are filing Form I-751 jointly with your U.S. citizen or lawful permanent resident spouse, you must file within the 90-day period immediately before your Green Card expires.
Examples
File within 90 days before 2-year conditional Green Card expires
Filing late requires written explanation of good cause
Failure to file in time automatically terminates conditional status
Children filing separately may file at any time, even before 90-day period
Waiver of Joint Filing Requirement
You may file Form I-751 without your spouse if you qualify for a waiver. You may request a waiver before or after the 90-day period, until a final removal order has been issued.
Examples
Your U.S. citizen or LPR spouse is deceased and you married in good faith
You married in good faith, but the marriage ended through divorce or annulment
You or your child were battered or subjected to extreme cruelty by your spouse
Termination of your status and removal from the U.S. would result in extreme hardship
Good Faith Marriage
For waiver eligibility, you must demonstrate that you entered into the marriage in good faith, and not to circumvent immigration laws.
Examples
Evidence of shared finances, joint accounts, property ownership
Evidence of cohabitation and shared residence
Birth certificates of children born of the marriage
Affidavits from family and friends about the relationship
Children's Conditional Status
If your child received conditional permanent resident status at the same time you did, or within 90 days, you may include your child on your Form I-751. Otherwise, the child must file separately.
Examples
Children who obtained status same time as parent can be included on parent's I-751
Children who obtained status within 90 days of parent can be included
Children who obtained status more than 90 days after parent must file separately
Children filing separately may file at any time
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Application Process
Determine Filing Type
Determine if filing jointly with spouse or requesting waiver of joint filing requirement.
Calculate 90-Day Window
For joint filings, file within 90 days before 2-year Green Card expires.
Complete Form I-751
Complete Form I-751, Petition to Remove Conditions on Residence.
Gather Evidence
Compile evidence of bona fide marriage (joint finances, shared residence, etc.).
File with USCIS
Submit Form I-751 with required documents and filing fee.
Receive Receipt Notice
Receipt notice extends Green Card validity for 48 months.
Interview (if required)
Attend interview if requested by USCIS.
Decision
Upon approval, receive 10-year permanent resident card.
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Key Benefits
Upon approval, conditions removed and 10-year Green Card issued
Properly filed I-751 extends Green Card validity for 48 months
Receipt notice serves as evidence of continued status and work authorization
No need to file Form I-90 for Green Card renewal if I-751 pending
Waiver allows filing without spouse in qualifying circumstances
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Documents Needed
Form I-751, Petition to Remove Conditions on Residence
Copy of Green Card (front and back)
Passport-style photographs
Evidence of bona fide marriage (joint bank statements, lease, tax returns)
Birth certificates of children born during marriage (if applicable)
Affidavits from family/friends attesting to marriage authenticity
For waiver: divorce decree, death certificate, or evidence of abuse/extreme cruelty
Filing fee (use Fee Calculator to determine correct amount)
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Frequently Asked Questions
When must I file Form I-751?
If filing jointly with your spouse, you must file within the 90-day period immediately before your 2-year conditional Green Card expires. If requesting a waiver, you may file before or after this 90-day period, until a final removal order has been issued.
What happens if I don't file on time?
If you do not properly file Form I-751 within the 90-day period, your conditional permanent resident status automatically terminates. USCIS will send you a notice and begin removal proceedings. If you file late, you must include a written explanation for why you are filing late.
Can I work while my I-751 is pending?
Yes. If you properly file Form I-751, your receipt notice will extend the validity of your conditional permanent resident status, and work authorization, for 48 months. Your receipt notice serves as evidence of your status.
Can I file without my spouse?
Yes, if you qualify for a waiver. Waivers are available if: your spouse is deceased, your marriage ended in divorce/annulment, you or your child were battered or subjected to extreme cruelty, or your removal would cause extreme hardship.
What if I'm in divorce proceedings but not yet divorced?
If you are legally separated or have pending divorce proceedings, you may file jointly or file a waiver request. USCIS will issue a request for evidence asking for the final divorce decree. You may request your joint filing be treated as a waiver filing once the divorce is final.
Can I include my children on my Form I-751?
Yes, if they received conditional status at the same time you did, or within 90 days. Children who received status more than 90 days after you must file their own separate Form I-751.
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Fees
Attorney Fee
$1,800
Initial Installment
$1,800
USCIS Fee
$750
Fees are estimates and may change. Contact us for a quote for your specific case.
Need help with your immigration case?
Hasan Legal PC attorneys handle USCIS petitions, family immigration, employment-based green cards, and naturalization across Washington DC, Virginia and Maryland.