Petition to Removal of Conditions on Permanent Residence with Waiver Form I-751
Foreign nationals that acquired a conditional green card through marriage or through a parent’s marriage must remove the conditions of their green card to obtain a permanent 10-year green card. You must typically file Form I-751 with the US citizen or green card holder that petitioned you. This is called “joint filing.”
However, when the US citizen dies or the marriage ends in divorce, the foreign national must request a waiver of the joint filing requirement in the Form I-751 petition. This is called “removal of conditions with waiver.” A petition to remove conditions with a waiver is also done through Form I-751.
You must submit the Form I-751 before your green card expires otherwise USCIS may cancel your permanent residency and refer you to removal proceedings in immigration court. This is a scenario that you want to avoid by working with an attorney that can guide you.
Filing the petition within the two-month window before your status expires is critical. Since petitioners requesting a waiver must meet their burden of proof, you should consult an immigration attorney before requesting a waiver from the joint filing requirement. You should also note that evidence that your marriage ended through death or divorce is also required to file the Form I-751 with a waiver.
You Must Submit Evidence That You Had a Good Faith Marriage
You must prove to USCIS that you entered the marriage in good faith. Good faith means that you married for love and not for immigration benefits. Even if your marriage has ended in death or separation, and even if your partner as mistreated you, proof that you married in good faith marriage is still required.
USCIS wants to make sure you were married for love, not to get a green card. A good-faith relationship is founded on love and begins with a real effort to create a future together.
US immigration laws does not allow individuals who enterd into a fake marriage to obtain immigration benefits. When an individual marries for the aim of circumventing immigration laws and obtaining immigration benefits through a fake marriage, this is known as a fraudulent marriage. Fraudulent marriages have serious consequences like fines, prison time, and removal from the United States.
USCIS has no way of knowing what goes on within a couple’s home. As a result, USCIS requires the petitioner to produce documentation to substantiate his or her good faith marriage.
After a divorce, the I-751 waiver isn’t a free pass; you’ll have to show that your intentions were sincere when you got married. Anyone intending to file for a waiver to eliminate the conditions on residency after a divorce should be aware that proving a good faith marriage is still required.
Records that can be used to verify a good faith marriage include wedding records, joint financial information, and birth certificates for children, others.
How to File Form I-751
Form I-751 is made up of many components. Filling out this form necessitates meticulous attention to detail. Many signatures are necessary. It’s vital to remember that each missing signature could result in your petition being denied or rejected.
When requesting to have your conditions lifted, working with an immigration lawyer can provide you with the reassurance you need to get this right. Neverthelss, the Form I-751 alone is not enough. You must present compelling evidence and supporting documentation to USCIS.
Part 1: Personal Information
Here you will submit personal information such as proof of identity and relationship status. You must also submit your Alien Registration Number and, if applicable, your USCIS online number.
Part 2: Biographical Details
You’ll be asked to give details like your height, weight, culture, and even your eye color.
Part 3: The Petition’s Basis
Check the appropriate option under “Joint Filing” if you’re filing with your spouse.
If you are filing by yourself, you must check the relevant box under “Waiver or Individual Filing Request.” This box should be filled in with the reason you’re filing alone. You should consut an immigration attorney if you need a waiver of the joint filing requirement.
Parts 4 and 5: Your Spouse and Children’s Information
You must submit basic details about the green cardholder or the citizen of the United States spouse in section 4 of the application.
If you have any children, you will have to do part 5.
Part 6: Accommodations for People with Impairments
You can describe any disabilities or impairments you may have that necessitate accommodations from U.S. officials here.
Parts 7 and 8: Applicant and Partner Signatures and Acknowledgements
You and your partner will double-check that everything is correct. As the “petitioner,” you must fill out Part 7 and sign the form. Part 8 should be completed and signed by a U.S. citizen or your legal resident spouse if filing jointly.
Parts 9 and 10: Information for Interpreters and Preparers
If applicable, provide details about anyone who assisted you in filling out the form.
What Happens After Filing Form I-751
Make sure that you send your Form I-751, supporting evidence, and fee payment to the correct USCIS filing address. Always keep a copy of everything that you sent to USCIS. Make sure that USCIS received your petition before your green card expires.
Once USCIS accepts our petition for processing, you will receive a letter verifying and acknowledging that they received your Form. This receipt, also known as a Form I-797, extends the validity of your current green card to 24 months.
You must present your green card and the Form I797 if you ever travel outside the US or seek work.
The processing times for I-751 applications vary depending on which USCIS center handles your application. Browse the USCIS webpage for the most up-to-date processing times. The wait can go up to three years in some cases. That means you might not acquire your full green card before the I-797 receipt’s delayed date.
You may also be called for an interview with a USCIS officer before the Form I-751 is decided. At the interview, the Officer will ask you questions about your marriage and the reasons the marriage ended. This is very common if the marriage ended in divorce.
What If My Request Is Denied?
If you file the I-751 and the USCIS denies your petition, you may be placed in removal proceedings and deported. There is no way to appeal a denied petition. However, an immigration judge has jurisdiction over the denied petition and can decide whether you get deported or not. Hiring an expert immigration attorney to assist you throughout the process is the best method to avoid a denial or placement in deportation proceedings.
The immigration lawyers at Terra Immigration Partners can assist you with your Form I-751.
Their team of attorneys are very knowledgeable about this process and can develop a winning strategy for our case. Contact Terra Immigration Partners today to learn more!