FORM I-751: PETITION TO REMOVE CONDITIONS ON RESIDENCY

After being a lawful permanent resident for 2 years and 90 days before your 2 yr. Green card expires, K1 immigrants should apply for removal of condition on permanent residency or removal of conditional status in USCIS.

“You must file a petition to remove conditions on permanent resident status, or risk losing your lawful status.”

FILING FEE: $680

Form Fee: $595 + Biometric Fee: $85 = TOTAL of $680

Now how do you know if you are eligible for filing this application?

ELIGIBILITY:

• Permanent resident for 2 yrs. Married to the same petitioner
• May include kids or derivatives who are filing with you
• Child/children who have the same status as you as a conditional resident based on parent
• Widow or widower who came in good faith of marriage
• Married in good faith before but was divorced or annulled
• Married in good faith before but experienced abuse and or extreme hardship with U.S citizen spouse

Please be reminded of the following pointers when you are applying this Form I-751 Removal of Condition on Permanent Residency.

REMINDERS:

• File application exact day within 90 day period before your green card expires.

File NOT too soon nor late. If you submit your application too early, USCIS will return your documents and if you file it late, you have to provide a good valid explanation of its cause before USCIS can accept it.

• Sign all the required forms.

No signature will result in an automatic rejection of your petition application.

• Make sure you are filling up the updated version of the form.

The current version of Form I-751, available on the USCIS website.

• Pay Correct Fee.

Signed with a correct total amount of $680 in a single check.

• Arrange documents in order with the check or money order in the front.

Include an Index/Cover Letter, Form G-1145-E (Request for electronic notification: optional), Form G-28 (Attorney/Accredited Rep), Form I-751 (which is the form you are filing) and lastly are the copies of the supporting documents or evidence.

• If you have extra attachments or pages in your application forms,

Make sure to write your NAME, A-NUMBER, and the PAGE NUMBERS.

After knowing that you are eligible in filing this petition, you can file a Petition on Removal of Condition in 2 ways or even file a waiver depending on your case.

WAYS OF FILING THE PETITION:

1. JOINT PETITION – If still married to the same petitioner
2. INDIVIDUAL – If due to Death of Petitioning Spouse and or due to Terminated Marriage
3. WAIVER OF JOINT FILING REQUIREMENTS –  If due to abuse or extreme cruelty from U.S citizen spouse.
   

 

With all this information in mind, you can start your application by filling up the application form which is downloadable from the official website of USCIS.

FILLING UP THE APPLICATION FORM I-751:

Fill up and complete the form I-751 from USCIS website which is about 11 pages long and read thoroughly the instructions given for this form.

Submit all supporting documents and evidence (depending on your case).

SUPPORTING DOCUMENTS IF FILING AS JOINT PETITION

Which was what I prepared for mine when I filed my ROC application last year, October 2019.

• Copy of your Green Card or Permanent Resident Card (front and back)
• Copy of children’s green card (only those included in your petition)
• Evidence of Relationship:

> Copy of marriage certificate

> Children’s birth certificate (child resulting from the relationship)

> Photos together from your marriage until present date (Submit copies of as many documents as you can to prove the marriage was entered in good faith)

• Medical insurances
• Joint ownership: financial liabilities and financial records
• Household bills
• Home and Car insurances
• Affidavit of Support
• Tax returns
• Joint bank accounts
• Copy of Passport ( Biographic page & page with stamps)
• Explanation letter why you’re filing late (If applicable)
• If you’re a child and filing separately from the parent. (If applicable)
• Dispositions on criminal charges or arrests (If applicable)

SUPPORTING DOCUMENTS IF FILING AS INDIVIDUAL

Just like what I’ve mentioned earlier, this petition is case to case basis so if you are filing ROC or Removal of Condition due to Death of Petitioning Spouse and or due to Terminated Marriage you will file as Individual.

The required documentation is just the same as above, just with a few additional documents such as:

• Divorce or annulment decree
• Evidence in any circumstance showing end of relationship

For those who have experienced abuse or extreme cruelty from their U.S citizen spouse, you can file a Waiver of Joint Filing Requirements.

SUPPORTING DOCUMENTS FOR FILING A WAIVER

The required documentation is just the same as above, just with a few additional documents such as:

1. Evidence of abuse
2. Divorce or Annulment decree terminated by grounds of physical abuse or cruelty
3. Evidence of extreme hardship

 

After you prepared all the supporting documents or the requirements needed on your case and you have signed and completed the form of I-751, include the correct filing fee (single check) and you may submit your packet to USCIS. Check the link below for the address of USCIS.

USCIS LOCATION/ADDRESS

MY EXPERIENCE AND TIMELINE

September 25, 2019: Receipt of USCIS Reminder Notice

About four months before my 2-year green card expires, I received a notice from USCIS reminding me to file for Petition on Removal of Condition of my permanent residency.

The notice stated the date I was granted a conditional permanent residency and the day of its expiry.

Also, the list of supporting documentation needed in the application form I-751.

And at the very end of the letter, it stated that failure to file Form I-751 will result in automatic termination of my conditional permanent resident status and I might also receive a Notice to Appear in immigration court.

OCTOBER 20,2019: Filing of Form I-751 Removal of Condition on Permanent Residency

We filed our petition just a couple of days before the 90 days expiry of my 2 yr. Green card.

But USCIS rejected our application since they received it earlier than the prior 90-day period preceding the expiration date of my green card.

NOVEMBER 6,2019: Receipt of Rejection Notice

NOVEMBER 7,2019: Re-filing of Form I-751

This time I was so sure that it was within the 90 days prior expiration of my 2 yr. green card. I just had to print again the forms since when USCIS returned my previous application, each document has its stamp and was dated.

It is essential to have a copy of every application that you send to USCIS so that whenever some case like this happens, it’s easier for you to just make a copy of it again.

NOVEMBER 21,2019: Receipt of I-751 Extension Notice

The notice stated that my conditional resident status is extended for 18 months from the expiration date of my green card.

And that it is an evidence or proof of my status and work authorization. So I’m still authorized to travel or work.

Also, it stated there that they might request another Biometrics and if so, we might receive an ASC notice requesting for a biometric scheduled appointment.

In about a few more months, after the current situation of COVID-19, I might receive another ASC Biometric Notice. At this time, I haven’t received any RFE (Request for Further Evidence) from my application of ROC.

I just kept on tracking my status on the USCIS website while waiting for the next step.

In some cases, USCIS doesn’t ask any more for another biometric or interview during ROC approval, applicants could receive a 10-year green card as long as their petition has been approved.

I hope this post helps you in your application of ROC or Removal of Condition on your Permanent Residency. Please read all of my other posts about the fiance visa application and timeline on my previous posts or go on the links below.

1. K1 visa application guide
2. Next Steps After Visa Approval
3. Report of Marriage
4. Report of Birth