Petition to Remove Conditions on Permanent Residence (Form I-751)
Under the April 2024 USCIS fee schedule, Form I-751, Petition to Remove Conditions on Residence, costs $750 by mail — biometrics are included, with no separate fee. The form is filed in the 90 days before a 2-year conditional green card (obtained through recent marriage to a U.S. citizen) expires, to obtain a 10-year unconditional green card.
Download the official form
USCIS publishes Form I-751 as a free PDF. Always download the current version directly from USCIS — third-party copies may be outdated.
- Download Form I-751 (PDF) — official USCIS source
- Download Instructions for Form I-751 (PDF) — read before filling out the form
- File Form I-751 online with USCIS (where supported)
What is it for?
Request removal of conditions on your 2-year green card (obtained through recent marriage to US citizen) to get a 10-year unconditional green card.
Who needs it?
People who received a 2-year conditional green card through marriage to US citizen less than 2 years before adjustment of status.
Processing time
Typical range (USCIS, as of 2026-05-26): about 31–38.5 months processing (severe backlog) — see the live table below. The receipt notice extends card validity 48 months during processing.
⚠️ Verify current time: USCIS Processing Times · Your case status
Fee
$750 (paper; biometrics included since the April 2024 fee schedule)
How to file
By mail. Must be filed in the 90 days before expiration of your conditional green card.
Required documents
- Completed Form I-751
- Copy of conditional green card (front and back)
- Evidence of continued bona fide marriage: birth certificates of children together, joint bank accounts, joint leases, insurance policies with spouse beneficiary, joint tax returns (MFJ), photos together over time, joint travel
- If divorced/separated: divorce decree + waiver explaining why marriage ended
- Fee payment
The 90-day window — how to compute it
The petition must arrive at USCIS during the 90 days immediately before the date your conditional card expires (the “Card Expires” date printed on the front). USCIS publishes a filing-date calculator; the safe method by hand: take the expiration date, count back 89 days, and file on or after that day. Filing too early gets the petition rejected and returned — a real and common failure mode that can eat weeks you need.
Filing late is worse: conditional status terminates automatically on the expiration date, and USCIS can issue a Notice to Appear. A late petition must include a written explanation showing good cause and extenuating circumstances — accepted at USCIS discretion. If you’re late, get an attorney involved before filing, not after.
Exception to the window: waiver-based petitions (divorce, abuse, extreme hardship) can be filed any time — before, during, or after the 90 days — because no joint signature window applies.
Evidence: what actually persuades
The petition lives or dies on proof the marriage was bona fide — built across the entire two-year period, not a snapshot:
| Strength | Evidence |
|---|---|
| Strongest | Children born to the marriage; jointly filed tax returns (married filing jointly, all years); jointly owned home or lease with both names spanning the period |
| Strong | Joint bank accounts with real activity; each spouse as beneficiary on the other’s health/life insurance and retirement accounts; joint car titles and insurance |
| Supporting | Photos across the timeline (dates and places labeled); joint travel records; affidavits from people who know the couple; shared utility bills and memberships |
Thin spots are normal — explain them in a cover letter (separate finances for credit reasons, work in different cities) rather than hoping no one notices. Unexplained gaps are what trigger RFEs and interviews.
The four ways to file without your spouse’s signature
| Waiver basis | What you must show |
|---|---|
| Spouse died | Death certificate + evidence the marriage was bona fide |
| Divorce or annulment | Final decree + evidence the marriage was real when entered |
| Battery or extreme cruelty (you or your child) | Any credible evidence — police, medical, counseling records, affidavits; no police report required |
| Extreme hardship if removed | Hardship arguments measured against conditions in your home country |
Divorce in progress is the tricky case: USCIS can issue an RFE giving time (typically 87 days) to produce the final decree. Pending-divorce timing is attorney territory.
While the petition is pending
- The receipt notice (Form I-797) extends your green card for 48 months past the card’s expiration — carry it with the expired card for work (I-9), re-entry from travel, and license renewals.
- You keep accruing time toward naturalization. You can file N-400 while the I-751 is pending — common, and often productive: USCIS frequently adjudicates the I-751 at the N-400 interview, resolving both at once.
- Trips abroad are fine with the card + receipt combination; avoid trips longer than 6 months, which raise continuous-residence questions for naturalization.
Interview or no interview
USCIS waives the interview in most well-documented joint petitions. Expect an interview when evidence is thin or contradictory, the case is waiver-based, fraud indicators surfaced anywhere in the file, or the underlying adjustment was never interviewed. Treat it as a marriage-evidence interview: both spouses (joint petitions), documents updated since filing.
Current USCIS processing times
USCIS publishes the time in which 80% of cases complete, per form, category, and office. The table below renders from our automatically maintained copy of the official data — always verify against the live system before relying on a deadline.
The time in which 80% of cases complete, by category and office. Data from the official USCIS system (2026-07-11) · verify live
| Category | Office | 80% complete within |
|---|---|---|
| Removal of lawful permanent resident conditions (spouses of U.S. citizens and lawful permanent residents) | Service Center Operations (SCOPS) | 32 Months |
| Removal of lawful permanent resident conditions (spouses of U.S. citizens and lawful permanent residents) | All Field Offices | 39.5 Months |
Frequently asked questions
What if I don’t file I-751 on time?
Your permanent resident status terminates automatically 90 days after conditional green card expiration. You become deportable. If you have good reason for delay, you can request reconsideration, but it’s difficult.
Does my spouse have to sign the I-751 with me?
Yes, by default. It’s a joint petition. EXCEPT if: (1) spouse died, (2) you divorced and marriage was bona fide but ended (waiver), (3) you or your children were abused by the citizen spouse (VAWA-style waiver).
How long does it take and can I work while waiting?
18-36 months. Yes you can work — the I-751 receipt notice extends your green card 48 months for I-9 (employment) and re-entry after traveling purposes.
Do I have to attend an interview?
USCIS may call an interview if they have doubts about the marriage. Not always. If documents are solid and consistent, they may approve without interview.
If I divorce before 2 years, do I lose everything?
Not necessarily. You can file I-751 individually with waiver, showing the marriage was bona fide (real, not fraudulent) but ended. Evidence of marriage during its duration + reasons for divorce. Consult attorney.
Related information
Last verified: 2026-06-10. General information — not legal advice. Always verify at USCIS.gov.
Related procedural information
- Consulate of your country in the US — passport renewal, consular ID, document apostille
- ITIN — file federal taxes without SSN — required regardless of immigration status
- USCIS form library — federal immigration forms (I-130, I-485, N-400, etc.)
- Find an immigration attorney — pro bono lists + AILA + BIA-recognized
- Know Your Rights — ICE encounters — constitutional protections