Remove conditions on residence - Form I-751
If you received a Green Card through marriage and came to the United States on a K1 visa, you would have received a Conditional Permanent Resident card that is valid for two years. When this two-year conditional period ends, the permanent residence status will expire and you may be deported or removed. To avoid such things, 90 days or less before the conditional residence expires, you should file Form I-751, Petition to Remove the Conditions of Residence. On approval, the conditional status will be removed and you will receive your new Permanent Resident card that will be valid for the next ten years.
When to file Form I-751
You should file Form I-751 within 90 days before your conditional green card expires. And when you submit your petition to remove your conditional status, it is advisable to file it at the early end of the 90-day period. Also note not to file Form I-751 before the 90-day period because if you file too early, the USCIS will return your I-751 application.
Who May File Form I-751
If you are still married, file Form I-751 jointly with your U.S. citizen or permanent resident spouse through whom you got the conditional permanent status. If you have dependent children (on a K-2 visa) who got their conditional permanent status when you got and they entered the U.S. within 90-days of your arrival, you can include their names in your petition form. If your children got their conditional status 90 days after you obtained or adjusted your status OR if the conditional permanent parent dies, they have to file Form I-751 separately to remove their conditional status.
In case you do not file jointly, you may apply for a waiver if you can prove that you entered the marriage with honesty and good intentions, but your spouse subsequently died and you can show that you entered the marriage in good faith, but the marriage ended because of divorce or annulment. You can also get a waiver if you can show that you entered the marriage in good faith and have remained married, but have been battered or subjected to extreme cruelty by your U.S. citizen or permanent resident spouse or the termination of your status would result in extreme hardship.
In cases when you are asking for a waiver you should submit adequate proof to support your request.. For example, copy of you divorce decree or police, court or medical proof that you were abused or a death certificate showing that you spouse died.
Your package should include a completed and signed Form I-751 and a copy of your Conditional Green Card. And also two passport-style photographs for you and children applying with you. Additionally two completed fingerprint cards (Form FD-258) for you and any children applying with you and evidence showing that the marriage is a bonafide one and that it was entered in honesty and in good faith. Do not forget to send the filing fee.
If you are a conditional permanent resident and your card is lost, stolen or mutilated, you can get it replaced by filing Form I-90.
