An I-751 is a Petition to Remove Conditions on Residence. And suppose you are in the United States as a lawful permanent resident spouse with conditions attached to your residence. In such a case, this form is necessary for you to continue living in the U.S. permanently.
While it can be intimidating, understanding the process and what to expect in terms of i751 processing times can set success down the road. So let’s talk about exactly what I-751 processing times look like!
What is an I-751 petition?
An I-751 petition is a form that must be filed with the U.S. Citizenship and Immigration Services (USCIS). It shows that you are still eligible for a green card after years of marriage. Or if you were living together with your spouse when you first applied for your conditional green card.
Form I-751 must be filed jointly. However, you may file Form I-751 without your spouse if any of the following situations apply:
- Spouse subsequently died
- Annulled or divorced
- Battered or subject to extreme cruelty
- Subjected to extreme cruelty or battered by your parent’s U.S citizens
- Removal from the United States that results in extreme hardship
Those immigrants must file 90 days before their green card expires. This is to maintain their legal status in the United States. And failure to do so could lead you to deportation!
How Do You File an I-751 Petition?
To file an I-751 petition successfully, there are several steps you need to take:
Step 1: Gather Your Documents
Taking the time to ensure you have all the necessary documents will save you loads of stress in the long run. Other requirements that prove your bona fide marriage will include the following:
- Proof of your marriage. You must submit documents such as marriage certificates and birth certificates. Additionally, if either spouse has been married before, then you must also submit evidence showing that all previous marriages have ended in divorce or death.
- Evidence of joint residence. This includes documents such as utility bills and rent receipts. Additionally, provide joint bank accounts with both spouses’ names on them.
- Evidence of joint financial responsibility. This includes tax returns or loan applications with both spouses’ names on them.
- Evidence of good moral character for both spouses. This could include letters from employers or community members attesting to your good moral character. Also, include any other documentation which demonstrates your commitment to following laws and regulations throughout the immigration process.
Step 2: Fill Out Form I-751
Once you have gathered all of the necessary documents, it’s time to fill out Form I-751. This form can be found online at the USCIS website. And it can be completed electronically or printed out and filled out by hand.
Be sure to answer all questions honestly and accurately. Take note that any false or misleading information may reject or lead to deportation.
Step 3: Pay Your Filing Fee
In order to file an I-751 petition, there is a fee that must be paid before submitting the application. The current fee can vary depending on certain circumstances, such as financial hardship.
Once you have paid the fee, make sure to keep evidence of payment with your other documents. This is in case USCIS requests them while processing your application.
Step 4: Submit Your Application
Finally, once all the steps above have been completed, it’s time to submit your application. You can include all supporting documentation and evidence to USCIS for processing.
It typically takes about 6 months for USCIS to process applications for the removal of conditional resident status. However, this timeline can vary depending on how quickly USCIS processes applications at any given time.
What Happens After Filing?
Once USCIS has received your complete application package, they will review it before approving or denying your request for citizenship. There are steps to follow before you can receive your permanent resident status.
- First, you may receive a notice from USCIS requesting additional information or documentation.
- Next, you may receive a notice for biometrics processing.
- Afterward, you will receive either a decision letter granting or denying your request. If granted, you’ll receive a notice requesting an interview at a local field office.
- Finally, you will receive a notice of acceptance or denial of citizenship status after the interview. This depends on whether USCIS determines that the marriage is valid or not.
If everything goes smoothly, then USCIS will make its decision within 90 days. However, due to current backlogs, it can take longer than this timeframe for them to decide your case. So, please plan accordingly!
Filing I-751 can be daunting, but it doesn’t have to be. It’s important to understand this form and who must file to get a permanent resident card. And also what the process entails to ensure you meet your obligations as an immigrant.
Also, with the help of an experienced immigration attorney, you can ensure that your case is filed correctly. And that you are on your way to a successful outcome!