For conditional permanent residents seeking to get a 10-year green card, Form I-751, Petition to Remove Conditions on Residence, is an essential document. This form is mostly intended for people who were married and granted conditional residency. In addition to outlining who must file Form I-751, the advice below offers a comprehensive checklist of necessary documents for a variety of situations, including joint filing, divorced applicants, and cases requiring abuse or extreme cruelty.

What is Form I-751?

Conditional permanent residents utilize Form I-751 to lift the restrictions imposed on their residency. You must file this form to demonstrate that the marriage is valid and not merely for immigration purposes if your green card was obtained through marriage and is only good for two years. If you do not file Form I-751 before the expiration of your conditional green card, you may lose your resident status and face deportation.

Who Needs to File Form I-751?

Form I-751 must be filed by:

  • Conditional permanent residents who are still married: To demonstrate that the marriage is still in effect, these persons must file jointly with their spouse.
  • Divorced individuals: If the marriage has ended, the conditional resident may request a waiver of the joint filing obligation and file separately.
  • Widowed individuals: If your spouse has passed away, you can complete Form I-751 on your own.
  • Individuals who have suffered abuse or extreme cruelty: Conditional residents who have been abused by their U.S. citizen or permanent resident spouse may file Form I-751 without their spouse to get a waiver.

This paperwork should be submitted during the 90-day period before your conditional green card expires. Filing too early or too late can result in issues, including possible denial. Learn more: How to fill out Form I-751 step-by-step instructions.

Form I-751 Checklist for Joint Filing

If you are still married and filing jointly with your spouse, you need to provide strong evidence that your marriage is bona fide. Here’s Form I-751 checklist of supporting documents:

1. Proof of a bona fide marriage:

  • Joint financial records: Submit joint bank account statements, credit card bills, and tax returns that include both spouses’ names.
  • Insurance policies: Provide copies of life, health, auto, or homeowner’s insurance listing both spouses as beneficiaries or co-owners.
  • Utility bills: Submit joint utility bills to show shared residence.
  • Joint ownership of assets: Documents proving joint ownership of property, such as a home or car.

2. Proof of shared life and relationship:

  • Photographs: Include photos from significant events, family gatherings, and trips together.
  • Affidavits: Statements from friends and family members attesting to the authenticity of the marriage.
  • Travel records: Travel itineraries, tickets, or hotel reservations for trips taken together.
  • Correspondence: Letters, emails, or messages exchanged between you and your spouse.

3. Proof of children (if applicable):

  • Birth certificates: Include the birth certificates of any children born during the marriage.
  • Adoption records: If applicable, include adoption papers showing both spouses as adoptive parents.

4. Proof of living together:

  • Lease or mortgage agreements: Include agreements that show both spouses’ names.
  • Mailing address records: Show that both spouses receive mail at the same address.

Form I-751 Checklist If Divorced

If you’re divorced, you must prove that your marriage was entered in good faith but ended in divorce. Include the following:

1. Proof of the bona fide nature of the marriage:

  • Joint financial records: Submit documents like joint bank statements and tax returns from the marriage period.
  • Property records: Provide evidence of jointly owned property.
  • Photos and correspondence: Include pictures and communications during the marriage.

2. Proof of divorce:

  • Divorce decree: Include a certified copy of your final divorce decree.
  • Separation agreements: If applicable, include any legal separation agreements.

3. Affidavits:

  • Personal statement: Explain the genuine nature of your marriage.
  • Statements from others: Affidavits from people who can attest to your relationship’s authenticity.

Form I-751: Checklist for Cases of Abuse or Extreme Violence

If you have suffered abuse or extreme cruelty, you can apply for a waiver. Include these documents:

1. Proof of abuse or extreme cruelty:

  • Police reports: Any reports or restraining orders filed.
  • Medical records: Documentation of treatment resulting from the abuse.
  • Affidavits: Personal and third-party statements corroborating the abuse.

2. Proof of a bona fide marriage:

  • Financial and property records: Evidence of shared finances and property.
  • Photographs and correspondence: Proof of a legitimate marriage.

Conclusion

Form I-751 is essential for conditional residents transitioning to permanent residency. Whether you’re filing jointly, as a divorced spouse, or under special circumstances like abuse, thorough documentation is crucial. By following these checklists, you can improve your chances of a successful petition, ensuring a smooth path to permanent residency.

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