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If you’re a green card holder, then you know that it’s not a permanent status. After a certain number of years living in the US with a green card, you have to file for a Form I-751, just a way to prove that you’re still married to your lawful permanent resident spouse.

If all goes well, your green card will be upgraded to a permanent resident card. But before that, you need to know everything, from the requirements to knowing i-751 processing time 2022.

Let’s get started!

What is Form I-751?

If you’re a lawful permanent resident who obtained your status through marriage, you will need to file USCIS Form I-751.

Form I-751 is a petition that permanent residents who obtained their status through marriage must be filed. The form is used to remove the residence conditions, sometimes referred to as the “removal of conditions” petition.

The I-751 must be filed within 90 days of the expiration date of your conditional green card. If you do not file within the 90-day window, you will lose your permanent resident status and could be deported from the United States.

Who Needs to File I-751?

The I-751 must be filed jointly by the husband and wife. However, there are certain circumstances under which the I-751 can be filed without the spouse’s signature. These circumstances include:

  • If the couple is legally separated or divorced
  • If there was domestic violence or abuse
  • If the spouse has died
  • If the marriage was in good faith but ended in divorce before two years had passed
  • If a waiver is granted for other exceptional circumstances

The Requirements Needed for Filing I-751

The process of filing Form I-751 can be complex and confusing. But it is important to make sure that you must meet certain requirements, such as:

Conditional resident status within the past two years

Your green card is valid only for two years and will expire on a specific date. You must include copies of your green card and any other immigration documents issued when you applied for your conditional permanent resident status.

Evidence of marriage

This can include copies of the supporting documents:

  • joint tax returns
  • birth certificates for any children that you have together
  • lease or mortgage contracts
  • electric and gas bills
  • utility bills
  • text messages or Skype messages
  • medical insurance
  • life insurance
  • Automobile insurance
  • any other documents that show that you live together and share financial responsibilities

If you have been married for less than 24 months when your conditional residence status expires, you may still be able to file Form I-751. Of course, you need to prove that your marriage was in good faith and did not evade immigration laws.

The Process

There are two ways to file the I-751. You can file Form I-751 online or by mail.

Here are things to remember when filing:

  • If you file online, you’ll need to create an account with the USCIS website and submit the form electronically.
  • If you choose to file by mail, you will need to print out the form and send it to the address given.

Let’s take a look at the steps on how to file this petition in USCIS.

1. Gather the required documentation

You need to give evidence you have a bona fide marriage. This includes your green card, passport, birth certificate, marriage certificate, and financial documents.

Once you have everything in order, begin filling out the form.

2. Complete the form itself

Form I-751 can be found on the U.S. Citizenship and Immigration Services website. If you need help, plenty of resources are available online and at your local library.

3. Submit the form I-751

Once you have completed it, you must sign and date it.

You must complete Form I-751 correctly and submit it on time with the appropriate filing fee. If not, your petition could be denied, and you could lose your permanent resident status. Make sure to consult with an experienced immigration attorney who can help ensure that your petition is completed correctly and filed on time.

Once USCIS has received your form, they will send you a receipt notice confirming that they have received it.

What Happens After Filing?

After you submit Form I-751, USCIS will review your case and may contact you for additional information or an interview.

An interview is usually scheduled within 90 days of receipt of your petition. At the interview, an officer will ask you questions about your marriage and living situation. As long as you’re prepared and honest, the interview should go smoothly.

After the interview, USCIS will decide on your case and send you a notice in the mail with their decision. Now, the process usually takes two years to get approved.

If everything goes well, congratulations—you’re now a permanent resident of the United States! If they deny it, they will give you a reason why and tell you how to appeal the decision.

Conclusion

Filing for I-751 can be a daunting task, but there are resources available to help guide you through every step.

Make sure you give yourself time to prepare all necessary paperwork and documentation before filing—otherwise, it could result in costly delays or even denial of your application.

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