Removal of Conditions – Form I-751 Attorney

When you obtain a green card through marriage to a U.S. citizen or lawful permanent resident, and your marriage was less than two years old at the time of approval, you receive what is known as a conditional green card. This card is valid for only two years, and before it expires, you must file Form I-751, Petition to Remove Conditions on Residence, to prove your marriage was entered in good faith and not for immigration purposes. Failure to file this petition on time can result in the automatic termination of your permanent resident status and placement in deportation proceedings.

At Modern Law Group, we have filed thousands of I-751 petitions and understand the complexities involved—whether you're filing jointly with your spouse, filing alone because you're divorced, filing under the abuse waiver due to domestic violence, or facing other challenging circumstances. Our experienced immigration attorneys will guide you through every step of the process to ensure your conditional residence is successfully converted to permanent residence.

What is Conditional Residence and Why Does It Exist?

Conditional residence is a two-year probationary period imposed by U.S. immigration law on individuals who obtained their green cards through marriage when that marriage was less than two years old at the time of admission or adjustment of status. Congress created this requirement in 1986 through the Immigration Marriage Fraud Amendments (IMFA) to combat marriage fraud and protect the integrity of the immigration system.

Before these amendments, some individuals would enter sham marriages solely to obtain green cards, then divorce immediately after approval. The conditional residence requirement creates a checkpoint: you must demonstrate two years later that your marriage was and continues to be genuine, entered into in good faith, and not merely to circumvent immigration laws.

The key distinction is simple:

• If you've been married 2+ years when your green card is approved → You receive a standard 10-year green card (no conditions)
• If you've been married less than 2 years when your green card is approved → You receive a 2-year conditional green card

During these two years, your conditional resident status grants you almost all the same rights as a permanent resident: you can live and work anywhere in the United States, travel internationally (with some precautions), and build your life here. However, your status is contingent on successfully removing the conditions before the two-year period expires.

Who Has a Conditional Green Card?

Conditional green cards are issued in two primary situations involving marriage-based immigration:

1. Spouses of U.S. Citizens or Permanent Residents

If you obtained your green card through marriage to a U.S. citizen or lawful permanent resident, and your marriage was less than two years old when your green card was approved, you receive conditional resident status. This applies whether you:

• Adjusted status while inside the United States (filed Form I-485)
• Went through consular processing abroad and entered on an immigrant visa

2. Children of Conditional Residents

Unmarried children under 21 who received their green cards as derivatives of a conditional resident (their parent) also receive conditional status. These children must be included in the parent's I-751 petition or file their own petition in certain circumstances.

Who Does NOT Have Conditional Status?

• Individuals who were married for more than 2 years when their green card was approved
• Green card holders who obtained status through employment, family relationships other than marriage (such as parent-child), diversity lottery, asylum, or other categories
• Spouses of deceased U.S. citizens under certain widower provisions

The 90-Day Filing Window Explained

One of the most critical aspects of removing conditions on residence is understanding the 90-day filing window. You must file Form I-751 within the 90-day period immediately preceding the second anniversary of your conditional resident status—not a day earlier, and ideally not after.

How to Calculate Your Filing Window

1. Look at your conditional green card's expiration date
2. Count back exactly 90 days from that date
3. Your filing window is from that date until the expiration date

Example: If your green card expires on December 1, 2026:

• Filing window opens: September 2, 2026
• Filing window closes: December 1, 2026
• You should file as early as possible within this window

What if You File Too Early?

If you file Form I-751 before the 90-day window opens, USCIS will reject your petition and return it to you. This isn't necessarily catastrophic—you can re-file once the window opens—but it wastes filing fees, time, and can cause unnecessary stress. Always verify your filing date before submitting.

What if You File Late?

Filing after your conditional green card expires is extremely risky. Your conditional resident status automatically terminates on the expiration date if you haven't filed, and USCIS may initiate removal proceedings. However, late filing is possible in limited circumstances if you can demonstrate "good cause" for the delay (discussed further below).

Form I-751: Petition to Remove Conditions on Residence

Form I-751 is the official petition used to remove conditions on your permanent residence. This form, along with supporting evidence, must be filed with USCIS within the 90-day window before your conditional green card expires.

Types of I-751 Filings

Filing Type	When to Use	Key Requirements
Joint Filing	Still married and spouse cooperates	Both spouses sign; evidence of bona fide marriage
Divorce Waiver	Marriage ended in divorce/annulment	Final divorce decree; evidence marriage was entered in good faith
Abuse/Cruelty Waiver	Victim of battery or extreme cruelty by spouse	Evidence of abuse; marriage was entered in good faith
Extreme Hardship Waiver	Removal would cause extreme hardship	Proof of hardship; marriage was entered in good faith

Current Filing Fees (2024-2025)

• Form I-751: $595
• Biometrics fee: $85 per person
• Total for joint filing: $680 (one I-751 can include the petitioner and any conditional resident children)

Joint Filing Requirements

The most common way to remove conditions is through a joint filing, where both you and your U.S. citizen or permanent resident spouse sign the I-751 petition together. This signals to USCIS that your marriage continues and that both of you affirm the marriage was entered in good faith.

Requirements for Joint Filing

• Both spouses must sign: Your spouse's signature affirms that the marriage was not entered solely for immigration benefits
• Still legally married: You must be married at the time of filing (even if separated or divorce is pending)
• Evidence package: You must submit substantial evidence proving your marriage is and was bona fide

What if Your Spouse Refuses to Sign?

If your U.S. citizen or permanent resident spouse refuses to sign the joint petition—whether due to marital problems, separation, divorce proceedings, or controlling behavior—you may need to file a waiver. Options include:

• Divorce waiver: If you are divorced or your marriage was annulled
• Abuse waiver: If you or your child were battered or subjected to extreme cruelty
• Hardship waiver: In rare circumstances where removal would cause extreme hardship

You can also file a joint petition initially and, if your spouse later withdraws cooperation or you divorce before the petition is adjudicated, request that USCIS convert your petition to a waiver.

Evidence Needed to Prove a Bona Fide Marriage

USCIS requires substantial evidence demonstrating that your marriage was entered in good faith and not for immigration purposes. The evidence should show that you and your spouse have built a genuine life together.

Strong Categories of Evidence

Financial Commingling

• Joint bank account statements (showing regular activity)
• Joint credit card statements
• Jointly filed tax returns
• Joint ownership of property (deed, mortgage statements)
• Joint car loans or vehicle registration
• Shared household bills in both names

Shared Residence

• Lease agreement with both names
• Mortgage documents
• Utility bills addressed to both spouses
• Driver's licenses or state IDs showing same address
• Mail addressed to both spouses at the same address

Family Planning

• Birth certificates of children born during the marriage
• Proof of pregnancy (if applicable)
• Medical records showing spouse involvement
• Life insurance policies naming spouse as beneficiary
• Wills naming spouse as beneficiary

Social Evidence

• Photographs together at various times (vacations, holidays, family events)
• Affidavits from friends and family attesting to the marriage
• Wedding photos and invitation
• Social media posts showing relationship (printed)
• Travel itineraries and boarding passes from trips taken together

What if You're Divorced? (Divorce Waiver)

If your marriage ended in divorce or annulment before you could file a joint I-751 petition—or if you filed jointly but divorced before USCIS adjudicated your petition—you can file for a divorce waiver (also called the "good faith" waiver).

Requirements for Divorce Waiver

• Final divorce decree or annulment: You must have a finalized divorce. A pending divorce is not sufficient—the decree must be final.
• Good faith marriage: You must prove the marriage was entered in good faith, not solely for immigration purposes.
• No joint signature required: Your ex-spouse does not need to sign or participate.

When to File

With a divorce waiver, you can file Form I-751 at any time after you become a conditional resident—you don't need to wait for the 90-day window. However, if you wait until after your conditional green card expires, you should file as soon as your divorce is finalized and explain the circumstances.

Evidence for Divorce Waiver

In addition to evidence of a bona fide marriage, you must submit:

• Final divorce decree or annulment order (certified copy)
• Statement explaining the circumstances of your divorce
• Evidence showing the marriage was genuine when entered (same categories as joint filing)

What if You Were Abused? (Abuse Waiver/VAWA)

The abuse waiver, often associated with the Violence Against Women Act (VAWA), provides crucial protection for conditional residents who were victims of battery or extreme cruelty by their U.S. citizen or permanent resident spouse. This waiver allows you to remove conditions without your abuser's knowledge, cooperation, or signature.

Who Qualifies for the Abuse Waiver?

• You or your child was battered or subjected to extreme cruelty by your U.S. citizen or permanent resident spouse during the marriage
• The marriage was entered in good faith
• You are not at fault for failing to file a joint petition

What Constitutes "Battery or Extreme Cruelty"?

"Battery" includes any physical violence—hitting, slapping, pushing, choking, or any physical harm. "Extreme cruelty" includes psychological and emotional abuse that may not leave physical marks but causes significant harm:

• Threats of violence or deportation
• Controlling behavior (isolation from friends/family, controlling finances)
• Emotional abuse and humiliation
• Sexual abuse or coercion
• Threats to harm children or family members
• Destroying property or harming pets
• Stalking or monitoring behavior

Evidence for Abuse Waiver

• Personal statement describing the abuse in detail
• Police reports or criminal records
• Restraining orders or protective orders
• Medical records documenting injuries
• Psychological evaluation from a licensed professional
• Affidavits from witnesses (friends, family, neighbors, coworkers)
• Photographs of injuries
• Records from domestic violence shelters or counseling
• Text messages, emails, or voicemails showing abuse/threats

Extreme Hardship Waiver

The extreme hardship waiver is the least commonly used waiver category. It applies when terminating your conditional resident status and removing you from the United States would result in extreme hardship to you personally.

Requirements

• The marriage was entered in good faith
• Your removal from the United States would cause extreme hardship to you (not your spouse or children, but to you)

What Constitutes "Extreme Hardship"?

"Extreme hardship" is a high standard that goes beyond normal difficulties of deportation. Factors USCIS may consider include:

• Serious medical conditions requiring treatment unavailable in your home country
• Severe economic hardship beyond typical disruption
• Political or social conditions in your home country that would cause serious harm
• Length of residence in the United States and community ties
• Impact on U.S. citizen children (considered in context)

This waiver is rarely granted and typically requires compelling circumstances. If you believe you may qualify, consult with an experienced immigration attorney to evaluate your case.

Filing Without Your Spouse's Cooperation

Many conditional residents find themselves in difficult situations where their U.S. citizen or permanent resident spouse refuses to cooperate with the I-751 petition. This can happen for various reasons:

• Marital problems or separation
• Spouse using immigration status as a form of control
• Spouse threatening to "have you deported"
• Divorce proceedings are underway
• Spouse is abusive
• Spouse has abandoned the relationship

Your Options

1. Divorce and file a divorce waiver: If your marriage cannot be saved, finalize the divorce and file an I-751 with the divorce waiver.
2. Document abuse and file an abuse waiver: If your spouse's behavior constitutes battery or extreme cruelty, file under the abuse waiver—your spouse will not be notified.
3. File jointly and convert later: If your spouse initially cooperates but later withdraws, you can request USCIS convert your joint petition to a waiver.

RFEs and Interview Requests

Not all I-751 petitions are approved without additional scrutiny. USCIS may issue a Request for Evidence (RFE) asking for additional documentation, or may schedule an in-person interview.

Requests for Evidence (RFEs)

An RFE is issued when USCIS needs additional evidence to make a decision on your petition. Common reasons include:

• Insufficient evidence of a bona fide marriage
• Gaps in documentation (e.g., missing tax returns for certain years)
• Discrepancies between your petition and prior filings
• Request for updated divorce decree (if divorce was pending)
• Questions about your current marital status

How to Respond to an RFE

• Read the RFE carefully to understand exactly what is being requested
• Respond within the deadline (typically 84 days)
• Provide all requested evidence along with a cover letter
• Include a copy of the RFE with your response
• Consider consulting an attorney if you're unsure how to respond

Interview Requests

USCIS may schedule an interview for I-751 petitions, particularly when:

• There are concerns about the bona fide nature of the marriage
• The petition involves a waiver
• There are inconsistencies in the record
• Random selection for quality assurance

What to Expect at the Interview

If an interview is scheduled, it will be similar to your original green card interview. You may be asked:

• How you met your spouse
• Details about your wedding
• Questions about your daily life together
• Why you divorced (if filing a divorce waiver)
• Details about the abuse (if filing an abuse waiver)

Be honest and consistent with your prior statements. Review your original green card application and I-751 petition before the interview.

Processing Times

I-751 processing times vary significantly based on your USCIS service center, the type of filing, and current case backlogs.

Filing Type	Typical Processing Time	Notes
Joint Filing (no interview)	12-24 months	Many approved without interview
Joint Filing (with interview)	18-30+ months	Interview scheduling adds time
Waiver Filing (divorce)	18-36 months	Waivers require more scrutiny
Waiver Filing (abuse/VAWA)	18-36 months	May be expedited in some cases

What Happens While Your Petition is Pending?

Once you file Form I-751, USCIS will extend your conditional resident status for up to 24 months while your petition is pending. You will receive:

• I-797 Receipt Notice: This notice extends your green card validity and can be used with your expired conditional green card as proof of continued status.
• Biometrics Appointment Notice: You'll be scheduled for fingerprinting at an Application Support Center.
• Extension stamps: Some USCIS offices stamp your passport or issue updated I-797s extending your status further if processing takes longer than 24 months.

What Happens After Approval?

Once USCIS approves your I-751 petition, your conditional status is removed and you become a lawful permanent resident with a standard 10-year green card.

What You'll Receive

• Approval Notice (I-797): USCIS will mail you an approval notice confirming your conditions have been removed.
• New 10-Year Green Card: Your new permanent resident card will arrive by mail, typically within 2-4 weeks of approval. This card is valid for 10 years.

Your Rights as a Permanent Resident

With conditions removed, you have the full rights of a lawful permanent resident:

• Live and work permanently in the United States
• Travel internationally and return to the U.S.
• Sponsor certain relatives for green cards
• Apply for U.S. citizenship after meeting eligibility requirements
• Access federal benefits and programs

Path to U.S. Citizenship

As a permanent resident, you can apply for U.S. citizenship through naturalization:

• If still married to a U.S. citizen: Eligible after 3 years as a permanent resident (must be living in marital union)
• If divorced or spouse is a permanent resident: Eligible after 5 years as a permanent resident

Consequences of Missing the Deadline

Failing to file Form I-751 on time has serious consequences. Understanding these risks underscores why timely filing—and proper preparation—is so critical.

What Happens If You Don't File?

1. Status terminates: Your conditional resident status ends automatically on the expiration date.
2. Notice from USCIS: USCIS will send a notice informing you that you failed to file and that removal proceedings may be initiated.
3. Notice to Appear (NTA): USCIS or ICE may issue an NTA, placing you in removal proceedings before an Immigration Judge.
4. Immigration Court: You may have to argue your case before a judge, presenting evidence of your bona fide marriage and explaining why you failed to file on time.

Can You File Late?

In some circumstances, late filing is possible. You must:

• File Form I-751 as soon as possible
• Include a written statement explaining the "good cause" for your late filing
• Provide evidence supporting your explanation (medical records, documentation of circumstances, etc.)

The USCIS director has discretion to accept a late-filed petition and excuse the failure to file on time if good cause is shown. Examples of good cause include:

• Serious illness or hospitalization
• Natural disaster preventing filing
• Ineffective assistance of counsel (attorney failed to file)
• Military deployment

However, USCIS is under no obligation to accept late filings, and late filers face significant uncertainty and risk of removal proceedings.

Our Step-by-Step Process at Modern Law Group

When you work with Modern Law Group on your removal of conditions case, you benefit from our systematic, thorough approach that has achieved excellent results for our clients.

1. Free Initial Consultation: We evaluate your case, explain your options, and discuss any special circumstances (divorce, abuse, uncooperative spouse). We answer your questions and explain the process ahead.
2. Evidence Collection: We provide you with a comprehensive checklist of evidence to gather. Our team guides you on exactly what documents are most persuasive and helps you fill any gaps.
3. Petition Preparation: Our attorneys prepare your Form I-751 petition with meticulous attention to detail. We draft persuasive cover letters and organize your evidence package professionally.
4. Review and Filing: You review the complete petition package before we file. Once approved, we file with USCIS and track your receipt and biometrics notice.
5. Biometrics Appointment: We prepare you for your biometrics appointment and ensure you know what to bring and expect.
6. RFE Response (if needed): If USCIS issues a Request for Evidence, we handle the response—gathering additional documentation and crafting a persuasive response letter.
7. Interview Preparation (if scheduled): If an interview is scheduled, we conduct thorough interview preparation, reviewing likely questions and coaching you on what to expect.
8. Approval and New Green Card: Once approved, we confirm your approval, ensure you receive your new 10-year green card, and discuss next steps including citizenship eligibility.

Why Choose Modern Law Group?

What Sets Us Apart

• Specialized Experience: We handle hundreds of I-751 cases every year, giving us deep expertise in all filing scenarios—joint petitions, divorce waivers, abuse waivers, and more.
• Multilingual Team: We serve clients in English, Spanish, and Russian, ensuring clear communication regardless of your native language.
• Thorough Preparation: We leave nothing to chance. Our comprehensive evidence checklists and meticulous petition preparation minimize the risk of RFEs and denials.
• Compassionate Approach: We understand the stress and uncertainty of the immigration process. Our team treats every client with respect, dignity, and understanding—especially in sensitive situations involving abuse or difficult divorces.
• Responsive Communication: We respond promptly to your questions and keep you informed at every stage of your case.
• Nationwide Service: With offices in San Diego, Brooklyn, and Texas, we serve clients across the United States.

Our I-751 Services Include

• Comprehensive case evaluation and strategy
• Complete Form I-751 petition preparation
• Evidence review and organization
• Joint filing petitions
• Divorce waiver petitions
• Abuse/VAWA waiver petitions
• Extreme hardship waiver petitions
• RFE responses
• Interview preparation and representation
• Late filing cases

Frequently Asked Questions