Our advice is informed by decades of experience working alongside the leading industry players in energy, life sciences, technology, financial services, private capital and more.
A Step-by-Step Guide to Upgrading Your Conditional Green Card to a 10-Year Permanent One
By TRW Law Firm – U.S. Immigration Practice Division Updated March 2025
What is Form I-751?
Form I-751, officially titled the “Petition to Remove Conditions on Residence,” is the immigration form required for conditional permanent residents (CPRs) who obtained their green card through marriage to a U.S. citizen or lawful permanent resident (LPR). Unlike standard green cards valid for 10 years, a conditional green card is valid for just 2 years.
To remain in lawful status, conditional green card holders must file Form I-751 before their card expires. Upon approval, they receive a 10-year permanent resident card, confirming that the marriage was entered into in good faith and not for immigration purposes.
Note: Conditional permanent residents under the EB-5 investment route should file Form I-829 instead.
Who Must File Form I-751?
You must file Form I-751 if you received a conditional green card based on marriage and your marriage was less than two years old at the time of green card approval. You can check if you’re a conditional resident by looking at the “Category” on your green card—if it says “CR1,” you hold a conditional green card.
Conditional green cards cannot be renewed. If you fail to timely file Form I-751, you risk losing your permanent resident status and may be placed in removal proceedings.
When Should You File Form I-751?
Joint Filing with Your Spouse
If you are still married to your U.S. citizen or LPR spouse, you must file Form I-751 within the 90-day period before your conditional green card expires. Filing too early or after the expiration date may result in a denial.
Example: If your green card expires on September 1, 2025, the filing window opens on June 3, 2025.
Filing with a Waiver
If you are unable to file jointly with your spouse due to divorce, abuse, the spouse’s death, or other factors, you can file Form I-751 at any time after obtaining conditional residence. USCIS allows waiver applications under these specific circumstances.
Understanding the I-751 Waiver
USCIS may waive the joint-filing requirement if:
Your marriage ended in divorce or annulment but was entered into in good faith.
You were abused or subjected to extreme cruelty by your spouse.
Your spouse has died.
You would suffer extreme hardship if removed from the U.S.
In these cases, you must include supporting documents such as divorce decrees, death certificates, police reports, and affidavits from people familiar with your situation. Even with a waiver, you must prove the marriage was genuine.
How to Complete Form I-751
Form I-751 has ten parts and must be filed by mail. You can either fill out the form online and print it or complete a printed blank form in black ink.
Part 1: Information About You
This section asks for your name, A-number (found on your green card), USCIS online account number (if applicable), date of birth, current address, and marital status.
Part 2: Biographic Information
Provide physical characteristics such as height, weight, hair color, and eye color, as well as your ethnicity and race.
Part 3: Basis for Petition
Indicate whether you are filing jointly or applying for a waiver based on one of the accepted grounds.
Part 4: Information About Your Spouse
Include your spouse’s name, A-number, date of birth, and address.
Part 5: Information About Children
List all children you are including in the petition, with their names, dates of birth, and A-numbers.
Part 6: Disability Accommodations
If you have a disability or impairment, you may request accommodations from USCIS in this section.
Parts 7–8: Signatures
The petitioner signs Part 7. If filing jointly, your spouse signs Part 8.
Parts 9–10: Interpreter and Preparer
If someone else completed your form or translated it, they must fill out their information and certify their assistance.
Supporting Documentation
You must submit the following documents with your Form I-751:
Copy of your conditional green card (front and back)
Two passport-style photographs
Proof of a genuine marriage, such as:
Joint tax returns
Lease or mortgage agreements with both names
Joint bank account statements
Birth certificates of children
Photos, affidavits from friends or family
If applying for a waiver:
Divorce decree or death certificate
Police reports or medical evaluations in abuse cases
Detailed written explanation of hardship or extraordinary circumstances (for late filings)
If filing from abroad due to military/government service:
Two passport photos
FD-258 fingerprint cards
Copy of official orders
Write “ACTIVE MILITARY” or “GOVERNMENT ORDERS” on the top of your I-751
Filing Fee
As of 2025, the USCIS fee for Form I-751 is $750. This includes the biometric services fee.
Payment can be made by:
Personal check
Money order
Cashier’s check
Credit card via Form G-1450
USCIS does not refund the fee if your petition is denied. You may request a fee waiver using Form I-912, based on low income, receipt of public benefits, or financial hardship.
After You File
Receipt Notice (Form I-797)
USCIS will mail you a receipt notice confirming that they received your Form I-751. This notice extends your green card’s validity by 24 months and serves as temporary proof of lawful status when shown with your expired green card.
Biometrics Appointment
USCIS will schedule a biometrics appointment to collect your fingerprints and photograph. Attending this appointment is mandatory.
Request for Evidence (RFE)
If your form is incomplete or your documents are insufficient, you may receive an RFE. Respond promptly to avoid delays.
Interview
In most cases, you will be required to attend a USCIS interview, especially if filing individually or if there are inconsistencies in your file. Bring original documents.
Final Decision
If approved, USCIS will mail you a new 10-year green card. If denied, you may receive a Notice to Appear (NTA) for immigration court. You may submit a new Form I-751 based on different grounds and request a delay in removal proceedings while your new petition is reviewed.
Processing Time
As of 2025, the average processing time for Form I-751 is between 12 to 27 months. Some cases, especially those involving interviews or waivers, may take up to 36 months.
To check your case status, visit the USCIS Case Status page and enter your receipt number.
Can I Apply for U.S. Citizenship While I-751 Is Pending?
Yes. You may apply for naturalization using Form N-400 even while your I-751 is pending, as long as you meet the eligibility criteria.
For spouses of U.S. citizens, this typically means:
You’ve been married and living together for at least three years
You’ve been a conditional/permanent resident for three years
You meet physical presence and good moral character requirements
Submit a copy of your I-751 receipt with your N-400 application. USCIS may review both applications simultaneously.
Can I Travel While My I-751 Is Pending?
Yes, but you must carry:
Your expired green card
Your I-797 receipt notice extending its validity
A valid passport
Avoid trips longer than six months unless absolutely necessary, as they may disrupt your continuous residence requirement for naturalization.
Common Reasons for Denial
Late filing without justification
Lack of evidence of a genuine marriage
Missed appointments or failure to respond to RFE
Incomplete form or incorrect filing location
Evidence suggesting marriage fraud
If your application is denied, consult TRW Law Firm immediately to explore your options, including re-filing or defending your case in immigration court.
Should I Include a Cover Letter?
A cover letter is not required, but highly recommended in complex cases. It allows you to:
Explain unusual circumstances (e.g., living separately, divorce during filing)
List the documents submitted
Provide a summary of your case
Keep the letter concise, factual, and professional. Either spouse may write it.
Contact TRW Law Firm
TRW Law Firm provides expert immigration services for individuals and families transitioning from conditional to permanent residency. Our services include:
I-751 joint petition and waiver preparation
Document checklists and affidavit guidance
Interview coaching and representation
Concurrent naturalization filing (N-400)
We guide clients across continents from petition to approval with strategic precision.
Dhaka Office House 410, Road 29, Mohakhali DOHS Dubai Office Rolex Building, L-12, Sheikh Zayed Road London Office 330 High Holborn, City of London
Form I-94, Explained: How the Arrival/Departure Record Tracks U.S. Entry and Exit—and Why It Matters By TRW Law Firm – Your Global Immigration Authority
🛂 Introduction: What Is Form I-94?
Form I-94, officially known as the “Arrival/Departure Record,” is a critical document issued by the U.S. Department of Homeland Security (DHS) to track the entry and exit of noncitizens to and from the United States. Whether you’re entering the U.S. as a tourist, student, temporary worker, or business visitor, this record:
Proves your legal entry into the country
Shows your admission classification
Indicates how long you can legally remain
Helps track your immigration status and history
While often overlooked, errors or omissions on your I-94 can lead to visa complications, overstays, and even bans. Understanding this document is vital for maintaining legal immigration status.
📘 Who Needs a Form I-94?
You’ll receive or need an I-94 if you are:
🟩 A non-U.S. citizen entering the U.S. on a temporary visa 🟩 A student (F-1, M-1, or J-1) 🟩 A temporary worker on visas like H-1B, L-1, or O-1 🟩 A business visitor entering on a B-1 visa 🟩 A tourist (B-2 visa) 🟩 Changing your status within the U.S. 🟩 Extending your stay or adjusting to permanent residency 🟩 Re-entering the U.S. after a temporary absence
❌ You Don’t Need an I-94 If:
You’re a U.S. citizen or green card holder
You enter with an immigrant visa
You are a Canadian citizen visiting for under 6 months
You’re using the Visa Waiver Program (VWP)—you’ll receive Form I-94W instead
✈️ How Form I-94 Is Issued
🛫 By Air or Sea
You receive an electronic I-94 automatically upon arrival
CBP stamps your passport with the entry date and classification
The stamp includes your “Admit Until Date” or “D/S” (Duration of Status)
You can access the record via the CBP I-94 website or CBP One™ app
🚗 By Land
You can pre-apply for your I-94 using the CBP One™ app or website
Once you arrive at the land port of entry, you’ll receive an electronic I-94
Paper I-94s are no longer automatically issued unless requested
Canadians crossing by land may be exempt unless staying more than six months
🌐 Using the Visa Waiver Program (VWP)
VWP travelers use Form I-94W instead
You must have a valid ESTA (Electronic System for Travel Authorization) before boarding
📍 Where to Find Your “Admit Until Date”
This date is critical and determines how long you may remain in the U.S. legally:
It appears on your passport stamp and electronic I-94
Students and exchange visitors may see “D/S” (Duration of Status)—meaning they can stay as long as they maintain valid student or exchange status
Others will receive a specific departure date
📌 It’s your responsibility to depart before or on your I-94 expiration date or file a timely extension.
🧾 How to Access and Print Your I-94 Record
You can access your I-94 online or through the CBP app.
📱 CBP One™ Mobile App
Download the app
Navigate to the I-94 section
Enter your details as they appear on your passport
Each I-94 form is assigned a unique 11-character identifier:
First 9 characters: Numbers
10th character: A letter
11th character: A number
This number is used by:
Employers (for Form I-9 verification)
DMV (for issuing driver’s licenses)
USCIS (for visa extensions or changes of status)
📝 Your I-94 number changes with every new entry into the United States.
💰 How Much Does It Cost?
Arriving by air/sea: Free (electronic issuance)
Arriving by land: \$6 (when pre-applying online or via CBP One™)
Form I-102 (replacement): \$560 filing fee
📝 Applying for a New I-94
If you’re entering via land, you can pre-register online:
Go to CBP One™ or the I-94 website
Pay the \$6 fee
Arrive at the border within 7 days of your online application
Bring:
Passport
Visa (if applicable)
Proof of residence and work
Travel documentation (hotel, itinerary, or invitation letter)
🔁 Leaving the U.S.: How Departure Is Tracked
Mode of Exit
Tracking Method
Air/Sea
Automatically recorded via carrier data
Land
You must surrender paper I-94 (if issued) or retain evidence of departure
✅ Examples of Proof of Exit:
Passport entry stamp (e.g., Canada, Mexico)
Transportation tickets
Hotel receipts
Pay stubs from outside the U.S.
Proper documentation ensures that DHS knows you left the country on time, maintaining a clean immigration record.
📂 Replacing a Lost I-94
🔄 If You Arrived Before April 2013
You must file Form I-102 with USCIS
Include a \$560 filing fee
Provide supporting documents (passport copy, visa, entry stamp)
🔄 If You Arrived After April 2013
Visit the CBP I-94 website
Retrieve your electronic record for free
Contact CBP at 1-877-CBP-5511 for assistance
🕵️ Requesting I-94 Records via FOIA
If the online system fails to retrieve your I-94 or travel history, you may file a Freedom of Information Act (FOIA) request:
3 Ways to Submit a FOIA Request:
Online through DHS: Fastest
Paper Form G-639: Slower, more formal
Written Letter: Must include:
Full name, address, and contact info
Specific description of requested records
Notarized signature
Willingness to pay copy fees
⚠️ FOIA requests may take up to a year to process.
🧾 Alternative Documentation If I-94 Is Unavailable
If your I-94 is lost or never issued and other retrieval efforts fail:
You must submit:
Notarized affidavit explaining:
Date/place of entry
Type of visa
Questions asked by the CBP officer
Secondary evidence, such as:
Boarding pass
Travel receipt
Copy of your parent’s passport (if you were a minor)
Affidavits from at least 2 others who witnessed your entry
📈 Recent Changes to Form I-94 and Related Policies (2024–2025)
Change
Who It Affects
Summary
Electronic I-94 at land borders
All noncitizens
No more paper I-94s; access online or via CBP One™
I-515A now email-submitted
F, M, J visa holders
Form I-515A documents now emailed, not mailed
Ukraine parole extension
Ukrainian nationals
Stay extended through Sept 30, 2024
Form I-9 extension
U.S. employers
Now valid until May 31, 2027
CBP One™ updates
All noncitizens
Easier I-94 retrieval, travel history access
I-94 website upgrades
All travelers
Better compliance tracking, faster lookup
🧠 Frequently Asked Questions (FAQs)
❓ How can I check my I-94 travel record?
Visit the CBP I-94 portal or CBP One™ app
Use your passport details to log in
❓ What if my I-94 has incorrect information?
If issued by CBP: Visit a Deferred Inspection Site
If issued by USCIS: File Form I-102
❓ Can I use a paper I-94 and electronic record together?
Yes, but inconsistencies may arise. Always ensure your departure is recorded if leaving via a land border.
❓ What’s the difference between I-94 and I-94W?
I-94: For most nonimmigrant visa holders
I-94W: For Visa Waiver Program travelers with ESTA
❓ How do I prove I left the U.S.?
Entry stamp in Canada or Mexico
Flight tickets
Receipts or pay stubs abroad
❓ What is the “View Compliance” feature?
Tells you how many days remain in the U.S.
Flags overstays
Provides steps for compliance
🤝 How TRW Law Firm Can Help
TRW Law Firm helps individuals and companies understand and maintain lawful status in the U.S., including:
✅ I-94 corrections and retrieval ✅ FOIA record requests ✅ Overstay advisories ✅ Change of status guidance ✅ Visa extensions and re-entry strategy ✅ Adjustment of status representation
From visa petitions to compliance auditing, we ensure you don’t miss a critical document like the I-94 that can impact your immigration future.
For any issues involving your Form I-94, reach out to TRW Law Firm — where your legal status, peace of mind, and future immigration goals are our top priority.
Whether you’re applying for a marriage green card, a K-1 fiancé visa, U.S. citizenship, or any other immigration benefit in the United States, you’ll need to complete specific forms issued by USCIS—often with significant filing fees. The 2024-2025 updates introduced higher filing costs across nearly every visa category, affecting both family-based and employment-based applicants.
In this guide by TRW Law Firm, we provide a detailed breakdown of the most common immigration and naturalization forms, associated government fees, and the purpose of each form—updated for 2025.
📌 Recent USCIS Fee Increases (2024–2025 Update)
As of 2025, USCIS has increased fees across multiple form categories to address operational backlogs and improve processing capacity. The changes primarily affect:
🟢 Family-based petitions (I-130, I-485) 🟢 K-1 fiancé visas (I-129F) 🟢 Employment-based filings (I-140, I-526) 🟢 Naturalization applications (N-400) 🟢 Ancillary forms like I-765 and I-131
📣 Tip from TRW: Always use the latest form version from the USCIS forms portal and double-check the current fee structure before filing.
🟦 Section 1: Family-Based Green Cards
🔹 Marriage Green Card (Forms I-130 and I-485)
Purpose: Apply for permanent residency through marriage to a U.S. citizen or green card holder.
Who Files: U.S. citizen or LPR spouse (Form I-130); foreign spouse (Form I-485)
Associated Forms & Fees:
Form
Description
Fee
I-130
Family sponsorship petition
$675
I-485
Adjustment of Status (AOS)
$1,440 (or $950 for children under 14)
I-131
Advance Parole (travel permit)
$630
I-765
Employment Authorization (EAD)
$520 (or $260 if I-485 was paid)
I-130A
Supplemental spousal info
$0
🟢 Total Cost (Marriage-Based AOS): Up to $3,005
🔹 K-1 Fiancé Visa (Form I-129F)
Purpose: Bring a foreign fiancé to the U.S. to marry within 90 days.
Who Files: U.S. citizen petitioner
Form: I-129F
Fee: $675
🔹 CR-1/IR-1 Spousal Visa (Consular Processing)
Forms: I-130 + DS-260
Who Files: U.S. citizen or green card-holding spouse
Fees:
Form
Purpose
Fee
I-130
Sponsorship petition
$675
DS-260
Immigrant visa application
$325
I-864
Affidavit of Support
$0
I-864A
Household sponsor contract
$0
DS-261
Agent designation
$0
🟢 Total Cost (CR-1 Visa Path): $1,540
🟧 Section 2: Adjustment of Status (Form I-485 and Related)
Form
What It’s Used For
Fee
I-485
Green Card via AOS
$1,440 (standard) / $950 (under 14)
I-485 Supplement A
245(i) coverage adjustment
$1,000
I-693
Medical Exam & Vaccination Record
$0 (paid to civil surgeon)
🟨 Section 3: Citizenship & Naturalization Forms (N-Series)
Form
Description
Fee
N-400
Application for Naturalization
$760
N-336
Request for Rehearing (after denial)
$830
N-600
Certificate of Citizenship
$1,385
N-600K
Citizenship for child abroad
$1,385
N-470
Preserve residency abroad
$420
N-565
Replace naturalization cert.
$555
N-426
Military certification
$0
N-648
Disability exception
$0
DS-117
Returning resident status
$180
🟫 Section 4: Removal of Conditions & Green Card Replacement
Form
Description
Fee
I-751
Remove 2-year conditions on marriage-based green card
$750
I-90
Replace or renew 10-year green card
$465
I-551 Stamp
Provisional evidence of LPR status
$0 (issued by USCIS)
🟨 Section 5: Employment-Based Immigration
Form
Purpose
Filing Fee
I-140
Immigrant petition for foreign worker
$715
I-526
EB-5 Immigrant Investor Petition
$11,160
I-129
Petition for nonimmigrant worker (e.g., H-1B, O-1, L-1)
Varies by category
⚠️ Note: Some H-1B filings may also require additional fraud detection, ACWIA, and public law fees totaling over $3,000.
🟩 Section 6: Humanitarian & Asylum Forms
Form
Description
Fee
I-589
Application for Asylum & Withholding of Removal
$0
I-131
Advance Parole or Refugee Travel Document
$630
I-821D
DACA Request
$0
I-134
Declaration of Financial Support
$0
🟦 Section 7: Work Authorization & Travel
Form
Purpose
Fee
I-765
Employment Authorization (EAD)
$520 (standalone); $260 with I-485
I-131
Travel Document / Advance Parole
$630
I-131 (Reentry Permit)
Reentry permit for LPRs
$575
🟫 Section 8: Financial Support Forms (I-864 & Related)
Form
Description
Fee
I-864
Affidavit of Support
$0
I-864A
Household Member Support Agreement
$0
I-134
Financial Support for Visitor/Fiancé
$0
I-865
Sponsor Address Change
$0
🟪 Section 9: Other Important Forms and Fees
Form
Purpose
Fee
AR-11
Change of Address Notification
$0
G-28
Legal Representation Notification
$0
G-1145
Text/Email Confirmation of Form Receipt
$0
G-1450
Credit Card Payment Authorization
$0
I-212
Application to Reapply After Deportation
$1,175
I-824
Request Action on Approved Petition
$590
I-942
Reduced Fee Request
$0
I-912
Fee Waiver Request
$0
I-94
Arrival/Departure Record (retrieved online)
$0
🧾 Summary Table of All Common Forms & Their Costs (2025)
Form Number
Description
Fee
I-130
Family Sponsorship
$675
I-485
Adjustment of Status
$1,440
I-765
Work Permit
$520 / $260
I-131
Travel Document
$630
I-129F
K-1/K-3 Petition
$675
I-751
Remove Conditions
$750
I-90
Replace Green Card
$465
I-140
Employment Petition
$715
I-526
Investor Petition
$11,160
N-400
Naturalization
$760
N-600
Citizenship Certificate
$1,385
I-864
Financial Sponsorship
$0
I-824
Follow-up on Approved Petitions
$590
I-212
Permission to Reapply
$1,175
🧠 Expert Tips from TRW Law Firm
✅ Always use the current edition of each form. ✅ Combine related forms (I-485 + I-765 + I-131) when possible to reduce filing errors. ✅ Keep copies of all receipts (Form I-797C). ✅ Work with a licensed immigration attorney to ensure complete and timely filing. ✅ Consider premium processing (Form I-907) for applicable employment-based forms.
📞 Contact TRW Law Firm for Filing & Immigration Support
📍 Head Office (Bangladesh): House 410, Road 29, Mohakhali DOHS, Dhaka, 1206
U.S. immigration requires precise filing of multiple forms, each with its own rules and costs. Whether you’re seeking a green card through marriage, naturalizing as a citizen, or bringing your fiancé to the United States, TRW Law Firmoffers comprehensive legal services to ensure your application is accurate, timely, and successful.
Let TRW Law Firm guide you from form to green card, or from green card to citizenship, with unmatched legal clarity and expertise.
The H-1B visa has long been a stepping stone for skilled professionals to work and build a life in the United States. But what happens when you fall in love and marry a U.S. citizen or lawful permanent resident? If you’re an H-1B visa holder who recently tied the knot, you’re eligible to apply for a marriage-based green card—a gateway to permanent residence and eventually U.S. citizenship.
Unlike other visa holders, H-1B recipients benefit from dual intent—they can legally apply for permanent residency while living and working in the United States. At TRW Law Firm, we’ve helped hundreds of clients navigate this life-changing transition efficiently and legally.
This article provides a full breakdown of your options, timelines, documentation requirements, and strategies to successfully adjust status from H-1B to green card through marriage.
🟦 Dual Intent Advantage of H-1B Holders
The dual intent feature of the H-1B visa means you are legally allowed to pursue permanent residency (green card) while on a temporary nonimmigrant visa. This flexibility sets the H-1B apart from most temporary visa categories, where applying for a green card could be considered a violation of your original visa intent.
Key Benefits:
🟩 No need to return to home country for green card processing 🟩 Permitted to file from within the U.S. via Adjustment of Status (Form I-485) 🟩 Able to remain employed during the green card application process 🟩 Eligible for work and travel permits while waiting for green card approval
🛤️ Two Primary Paths to a Green Card
Your path depends entirely on your spouse’s immigration status:
🟩 Path 1: Married to a U.S. Citizen
This is the fastest and most straightforward route for H-1B holders.
Required Forms:
Form I-130: Petition for Alien Relative
Form I-485: Adjustment of Status
Form I-765: Application for Work Permit
Form I-131: Application for Advance Parole (travel permit)
✅ Concurrent Filing Allowed You can file all forms at once (also known as “one-step adjustment”) which significantly reduces wait times.
Timeline:
Total time: ~9.5 months on average
Work permit & travel document: ~150 days
🔒 Important: If you leave the U.S. without receiving an Advance Parole document, your I-485 will be considered abandoned and your application will be denied.
🟩 Path 2: Married to a Green Card Holder (LPR)
This path is more complex and takes longer, due to visa quota restrictions.
Required Forms:
Form I-130: Petition for Alien Relative ➡️ After I-130 is approved:
Wait for Visa Number Availability
Then file:
Form I-485
Form I-765
Form I-131
❌ Concurrent Filing Not Allowed You must wait for a visa number to become available under the F2A visa category, which can take up to 2 years or more.
Timeline:
I-130 approval: 8–12 months
Visa availability: ~24 months
I-485 approval: 9–12 months
Total time: ~35 months
🔔 Caution: If your H-1B visa expires before your priority date becomes current, you may have to leave the U.S. and complete your green card via consular processing abroad.
🛠️ Work Permit (Form I-765) and Travel Document (Form I-131)
Filing Form I-765 (EAD) and Form I-131 (Advance Parole) alongside your I-485 ensures: 🟩 Continuous work authorization 🟩 Freedom to travel abroad and return legally
These documents are free to file with your I-485, and they do not affect your green card outcome.
📋 Required Documentation
For I-130 (Family Petition):
Marriage Certificate
Passport-style photos (USCIS standard)
Proof of bona fide marriage (e.g., lease, joint finances, children’s birth certificates, photos)
Copy of spouse’s U.S. passport or green card
Divorce decrees (if applicable)
For I-485 (Adjustment of Status):
Form I-94 (H-1B arrival record)
Copy of H-1B approval notice (Form I-797)
Current passport with H-1B visa
Medical examination (Form I-693)
Birth certificate (translated if not in English)
Proof of lawful entry (I-94, visa stamp)
🔍 What If My H-1B Expires During the Process?
Scenario 1: Married to a U.S. Citizen
You’re allowed to stay in the U.S. and remain eligible, even if your H-1B expires—so long as your I-485 has been filed.
Scenario 2: Married to a Green Card Holder
You must remain in valid H-1B status until your visa number becomes available and you file I-485. If your H-1B expires before that:
You must leave the U.S.
Complete the process through consular processing abroad
💡 Tip: If nearing your 6-year H-1B limit, explore temporary visa options (like F-1 student or B-2 visitor) to remain legally in the U.S.
🧨 What If I Lose My H-1B Job During the Process?
H-1B visa holders have a grace period of 60 days after job termination to:
Find a new H-1B sponsor
Change visa status
File an I-485 (if married to a U.S. citizen)
Losing your job does not cancel a green card application—but remaining in status until I-485 is filed is essential if your spouse is a green card holder.
🔄 What If My Spouse Becomes a U.S. Citizen?
If your spouse naturalizes while your application is pending:
Upgrade your case with USCIS
You become eligible for concurrent filing
Processing time drops significantly
📌 Even if you’re outside the U.S. waiting for a visa number, this upgrade allows you to expedite processing and rejoin your spouse sooner.
📅 Processing Timeline Breakdown
Spouse’s Status
I-130 Filing
Visa Number Wait
I-485 Process
Total Time
U.S. Citizen
Month 0
None
9–12 months
~9.5 months
Green Card Holder
Month 0
~24 months
9–12 months
~35 months
🛫 Travel Restrictions During the Process
Travel Document
Required?
When to File
Risk Without It
Advance Parole (I-131)
✅
With I-485
Green card application considered abandoned if you travel without it
Even with an H-1B visa, traveling without Advance Parole after filing I-485 is strongly discouraged unless you’re returning in H-1B status and haven’t used your EAD/AP combo card.
🔑 Key Legal Concepts
✅ Adjustment of Status (AOS)
The process of applying for a green card without leaving the U.S.
✅ Consular Processing
Required if you are:
Outside the U.S.
Lost lawful status before filing
Need to return home due to visa expiration
✅ Immediate Relative
Spouses of U.S. citizens are categorized as “Immediate Relatives,” giving them priority in visa allocation.
📣 Common Mistakes to Avoid
🚫 Filing I-485 too early (when visa number isn’t available) 🚫 Leaving the U.S. without Advance Parole 🚫 Missing deadlines or documents 🚫 Filing incomplete medical exams 🚫 Failing to notify USCIS about change in marital or immigration status
💡 Pro Tips from TRW Law Firm
🟩 Start the process immediately after marriage 🟩 Collect evidence of your bona fide relationship 🟩 Request expedited processing if you’re near your H-1B cap 🟩 Notify USCIS if your spouse naturalizes mid-process 🟩 Keep digital and physical copies of all receipts, notices, and forms
👨⚖️ Why Choose TRW Law Firm?
With offices in Dhaka, Dubai, and London, TRW Law Firm is one of the premier global immigration law firms for South Asians transitioning from H-1B to marriage-based permanent residency. We offer:
🟢 End-to-end green card filing (I-130, I-485, I-765, I-131) 🟢 Strategic adjustment of status planning 🟢 Visa category upgrades after spouse naturalization 🟢 Emergency consular processing guidance 🟢 USCIS interview preparation and representation
📞 Contact TRW Law Firm Today
📍 Head Office: House 410, Road 29, Mohakhali DOHS, Dhaka, Bangladesh
Switching from an H-1B visa to a green card through marriage can be one of the most impactful immigration steps you take. But the process requires strategy, timing, and legal insight—especially if your spouse is not yet a U.S. citizen.
Let the expert immigration attorneys at TRW Law Firm help you make this transition with clarity and confidence. Whether you are filing your first I-130 or navigating a visa number backlog, we are here to help.
Book your consultation today and turn your marriage into a secure future in the United States.
A Comprehensive Guide to Removing Conditions on EB-5 Green Cards
By TRW Law Firm | Immigration & Investment Advisory Division
For EB-5 investors and their families, Form I-829 represents the final and most critical step in solidifying their permanent future in the United States. It is the formal petition to remove the conditions on your two-year conditional green card, paving the way for a permanent 10-year green card and ultimately, U.S. citizenship.
Handled incorrectly, this stage can cause delays, denials, or even loss of residency. At TRW Law Firm, our seasoned immigration attorneys routinely guide high-net-worth investors, regional center affiliates, and their families through the complexities of Form I-829, ensuring strategic compliance and peace of mind.
This guide offers a thorough understanding of the timeline, cost, requirements, and strategic considerations associated with Form I-829.
🟢 What Is Form I-829?
Form I-829, officially titled “Petition by Investor to Remove Conditions on Permanent Resident Status,” is used by EB-5 Immigrant Investors to remove the conditional status of their residency. Approved I-829 petitioners receive a 10-year permanent green card, and are no longer subject to the investment-related conditions that initially granted them residency.
🔍 Key Purposes:
🟩 Demonstrate that the required investment was sustained 🟩 Show that the investment created or preserved at least 10 full-time U.S. jobs 🟩 Prove that the enterprise is still in operation
🕓 Timeline & Processing Time (2025 Update)
As of March 2025, USCIS has dramatically reduced the processing time for Form I-829:
Year
Average Processing Time
2024
41 months
2025 (Current)
7.1 months
However, processing times can still vary based on: 🟩 USCIS workload 🟩 Completeness of submission 🟩 Quality of documentation 🟩 Whether a Request for Evidence (RFE) is issued
📅 When to File: Understanding the 90-Day Filing Window
The expiration date on your green card is the second anniversary of your conditional permanent residency. You are required to file Form I-829 within the 90-day period immediately before this expiration date.
Conditional Residency Ends
Earliest Filing Date
Latest Filing Date
December 31, 2025
October 2, 2025
December 31, 2025
⛔ Early Filing: Will be rejected unless the 90-day period has commenced. ⛔ Late Filing: May result in loss of status unless supported by good cause with written explanation.
💰 Cost of Filing Form I-829
The current USCIS fee for Form I-829 is:
🟩 $9,525 Total
Form Filing Fee: $3,750
Biometric Services Fee: $85 (per person, typically for the primary applicant and each family member)
Accepted payment methods: 🟩 Personal Check 🟩 Cashier’s Check 🟩 Money Order 🟩 Credit/Debit Card via Form G-1450
💡 Important:
Filing fees are non-refundable.
Fees are required even if the petition is later denied.
✅ Eligibility Requirements
To qualify for Form I-829 approval, the petitioner must meet all of the following criteria:
🟩 1. Conditional Permanent Residency
You must have received your conditional green card through the EB-5 program (direct or regional center investment).
🟩 2. Filing Within the 90-Day Window
File within 90 days before your card’s expiration. Late filings may be accepted only if:
There was extraordinary cause (e.g., illness, disaster)
A detailed written explanation is submitted
🟩 3. Valid EB-5 Investment
You must prove:
The minimum investment was made ($1.05 million or $800,000 in a TEA)
The funds were legally obtained
The investment was sustained through the 2-year conditional period
🟩 4. Job Creation
You must show that your investment has:
Created or preserved 10 full-time jobs
Jobs were for qualified U.S. workers (not the investor or family)
📑 Required Supporting Documents
A successful I-829 petition must be backed by robust documentation. Below is a breakdown of what you’ll need:
🔸 Proof of Investment
Wire transfers and bank records showing capital injection
Capitalization tables and investment agreements
USCIS Form I-526 approval copy
🔸 Proof of Business Operations
Business license and articles of incorporation
Payroll summaries, employee I-9 forms
Lease agreements, utility bills, and tax returns
🔸 Job Creation Evidence
Quarterly IRS Form 941 (Employer’s Tax Return)
Organizational charts and employment logs
Proof of full-time positions (35+ hours/week)
🔸 Financial Documentation
Tax returns (federal, state)
Bank statements
Profit and loss statements
🔸 Personal Documentation
Copies of conditional green cards (front and back)
Current valid passports
Marriage certificate (if applicable for derivative beneficiaries)
Birth certificates for dependents
📌 Tip: All documents should come from the same edition of the form version. USCIS often rejects mixed editions.
🛡️ What Happens After Filing?
After you file your I-829, USCIS will:
Issue a Receipt Notice (Form I-797)
Automatically extends your conditional residency by 48 months
Serves as valid proof of status during the review period
Schedule a Biometrics Appointment
Fingerprints and photo will be taken
All family members must attend, if applicable
Review Petition
USCIS may issue an RFE if any part of the petition is incomplete or unclear
Approval or Denial
Upon approval, you and your dependents receive a 10-year green card
If denied, conditional status may be terminated
📌 Key Considerations for Regional Center Investments
For EB-5 investments through Regional Centers, it is not necessary for the investor to be directly involved in daily operations. However, investors must still prove that:
🟩 Their investment has been sustained 🟩 Their capital contributed to the creation or preservation of 10 jobs
Common supporting documents in Regional Center cases include:
Economic impact reports
Affidavits from the Regional Center
Job creation models (RIMS II or IMPLAN)
📍 I-829 and Derivative Family Members
Spouses and unmarried children under 21 are considered derivative beneficiaries. You may include them on your I-829 petition.
🟩 They do not file separate forms 🟩 Their biometrics must also be completed 🟩 If a child turns 21 during the pending period, they remain protected under the Child Status Protection Act (CSPA)
❓ Frequently Asked Questions (FAQs)
🔹 When should I file Form I-829?
Within the 90-day window before your conditional green card expires.
🔹 What if I miss the deadline?
USCIS may accept a late filing if good cause is shown. Otherwise, you may lose your conditional status and face removal proceedings.
🔹 Can I still file if my card expired?
No. Filing after expiration without a valid explanation will lead to automatic denial.
🔹 What if USCIS asks for more information?
You must respond to the Request for Evidence (RFE) fully and promptly. Delayed or insufficient responses can result in denial.
🔹 Can I travel while I-829 is pending?
Yes, with proper documents:
Expired green card
I-829 Receipt Notice (Form I-797)
Valid passport These documents serve as proof of continued lawful status.
🔹 Is there a refund if denied?
No. The USCIS fee is non-refundable, regardless of outcome.
✈️ Travel During I-829 Processing
While the I-829 is pending, you remain in valid status. You can travel internationally and re-enter the U.S. if you carry:
CBP officers will admit you under the same category until a final decision is made.
📋 Sample USCIS Case Timeline (Direct Investment)
Month
Action Taken
Month 0
File I-829 + supporting docs
Month 1
Receive Receipt Notice (I-797)
Month 2
Attend Biometrics
Month 5–7
USCIS adjudication
Month 7
Green card approved
📣 USCIS Red Flags to Avoid
❌ Incomplete or outdated form versions ❌ Failure to prove job creation ❌ Lack of sufficient documentation on funds ❌ Evidence of funds from illegal sources ❌ Filing outside the 90-day window without cause
🧠 Strategic Insights from TRW Law Firm
Our legal team has identified common client mistakes and resolved dozens of complex I-829 cases. Here’s what we’ve learned:
🟩 Start early: Document business activity and job creation from the beginning of your investment.
🟩 Keep financials clean: Ensure that taxes, employee benefits, and payroll are consistently maintained.
🟩 Retain evidence of lawful source of funds: Bank transfers and tax documents from the initial investment stage should be preserved.
🟩 Regional Center caution: Ask for regular updates on job creation modeling and any economic impact reporting.
🟩 Stay informed: USCIS policy changes occur often. Work with an immigration attorney to stay ahead.
👨⚖️ TRW Law Firm: Your Immigration Partner
TRW Law Firm is a leading global immigration law firm representing high-net-worth individuals, regional centers, and foreign entrepreneurs navigating the EB-5 and I-829 process.
🟩 End-to-end EB-5 support (from I-526 to I-829) 🟩 Custom documentation audit and RFE support 🟩 Source of funds planning and compliance 🟩 Family-based derivative processing 🟩 International tax advisory in collaboration with U.S. CPAs
📞 Contact TRW Law Firm
📍 Head Office TRW Law Firm House 410, Road 29, Mohakhali DOHS, Dhaka, Bangladesh
Contact TRW Law Firm today to secure your success in the final step of the EB-5 journey.
A Comprehensive Guide to Removing Conditions on EB-5 Green Cards
By TRW Law Firm | Immigration & Investment Advisory Division
🟩 Introduction
For EB-5 investors and their families, Form I-829 represents the final and most critical step in solidifying their permanent future in the United States. It is the formal petition to remove the conditions on your two-year conditional green card, paving the way for a permanent 10-year green card and ultimately, U.S. citizenship.
Handled incorrectly, this stage can cause delays, denials, or even loss of residency. At TRW Law Firm, our seasoned immigration attorneys routinely guide high-net-worth investors, regional center affiliates, and their families through the complexities of Form I-829, ensuring strategic compliance and peace of mind.
This guide offers a thorough understanding of the timeline, cost, requirements, and strategic considerations associated with Form I-829.
🟢 What Is Form I-829?
Form I-829, officially titled “Petition by Investor to Remove Conditions on Permanent Resident Status,” is used by EB-5 Immigrant Investors to remove the conditional status of their residency. Approved I-829 petitioners receive a 10-year permanent green card, and are no longer subject to the investment-related conditions that initially granted them residency.
🔍 Key Purposes:
🟩 Demonstrate that the required investment was sustained 🟩 Show that the investment created or preserved at least 10 full-time U.S. jobs 🟩 Prove that the enterprise is still in operation
🕓 Timeline & Processing Time (2025 Update)
As of March 2025, USCIS has dramatically reduced the processing time for Form I-829:
Year
Average Processing Time
2024
41 months
2025 (Current)
7.1 months
However, processing times can still vary based on: 🟩 USCIS workload 🟩 Completeness of submission 🟩 Quality of documentation 🟩 Whether a Request for Evidence (RFE) is issued
📅 When to File: Understanding the 90-Day Filing Window
The expiration date on your green card is the second anniversary of your conditional permanent residency. You are required to file Form I-829 within the 90-day period immediately before this expiration date.
Conditional Residency Ends
Earliest Filing Date
Latest Filing Date
December 31, 2025
October 2, 2025
December 31, 2025
⛔ Early Filing: Will be rejected unless the 90-day period has commenced. ⛔ Late Filing: May result in loss of status unless supported by good cause with written explanation.
💰 Cost of Filing Form I-829
The current USCIS fee for Form I-829 is:
🟩 $9,525 Total
Form Filing Fee: $3,750
Biometric Services Fee: $85 (per person, typically for the primary applicant and each family member)
Accepted payment methods: 🟩 Personal Check 🟩 Cashier’s Check 🟩 Money Order 🟩 Credit/Debit Card via Form G-1450
💡 Important:
Filing fees are non-refundable.
Fees are required even if the petition is later denied.
✅ Eligibility Requirements
To qualify for Form I-829 approval, the petitioner must meet all of the following criteria:
🟩 1. Conditional Permanent Residency
You must have received your conditional green card through the EB-5 program (direct or regional center investment).
🟩 2. Filing Within the 90-Day Window
File within 90 days before your card’s expiration. Late filings may be accepted only if:
There was extraordinary cause (e.g., illness, disaster)
A detailed written explanation is submitted
🟩 3. Valid EB-5 Investment
You must prove:
The minimum investment was made ($1.05 million or $800,000 in a TEA)
The funds were legally obtained
The investment was sustained through the 2-year conditional period
🟩 4. Job Creation
You must show that your investment has:
Created or preserved 10 full-time jobs
Jobs were for qualified U.S. workers (not the investor or family)
📑 Required Supporting Documents
A successful I-829 petition must be backed by robust documentation. Below is a breakdown of what you’ll need:
🔸 Proof of Investment
Wire transfers and bank records showing capital injection
Capitalization tables and investment agreements
USCIS Form I-526 approval copy
🔸 Proof of Business Operations
Business license and articles of incorporation
Payroll summaries, employee I-9 forms
Lease agreements, utility bills, and tax returns
🔸 Job Creation Evidence
Quarterly IRS Form 941 (Employer’s Tax Return)
Organizational charts and employment logs
Proof of full-time positions (35+ hours/week)
🔸 Financial Documentation
Tax returns (federal, state)
Bank statements
Profit and loss statements
🔸 Personal Documentation
Copies of conditional green cards (front and back)
Current valid passports
Marriage certificate (if applicable for derivative beneficiaries)
Birth certificates for dependents
📌 Tip: All documents should come from the same edition of the form version. USCIS often rejects mixed editions.
🛡️ What Happens After Filing?
After you file your I-829, USCIS will:
Issue a Receipt Notice (Form I-797)
Automatically extends your conditional residency by 48 months
Serves as valid proof of status during the review period
Schedule a Biometrics Appointment
Fingerprints and photo will be taken
All family members must attend, if applicable
Review Petition
USCIS may issue an RFE if any part of the petition is incomplete or unclear
Approval or Denial
Upon approval, you and your dependents receive a 10-year green card
If denied, conditional status may be terminated
📌 Key Considerations for Regional Center Investments
For EB-5 investments through Regional Centers, it is not necessary for the investor to be directly involved in daily operations. However, investors must still prove that:
🟩 Their investment has been sustained 🟩 Their capital contributed to the creation or preservation of 10 jobs
Common supporting documents in Regional Center cases include:
Economic impact reports
Affidavits from the Regional Center
Job creation models (RIMS II or IMPLAN)
📍 I-829 and Derivative Family Members
Spouses and unmarried children under 21 are considered derivative beneficiaries. You may include them on your I-829 petition.
🟩 They do not file separate forms 🟩 Their biometrics must also be completed 🟩 If a child turns 21 during the pending period, they remain protected under the Child Status Protection Act (CSPA)
❓ Frequently Asked Questions (FAQs)
🔹 When should I file Form I-829?
Within the 90-day window before your conditional green card expires.
🔹 What if I miss the deadline?
USCIS may accept a late filing if good cause is shown. Otherwise, you may lose your conditional status and face removal proceedings.
🔹 Can I still file if my card expired?
No. Filing after expiration without a valid explanation will lead to automatic denial.
🔹 What if USCIS asks for more information?
You must respond to the Request for Evidence (RFE) fully and promptly. Delayed or insufficient responses can result in denial.
🔹 Can I travel while I-829 is pending?
Yes, with proper documents:
Expired green card
I-829 Receipt Notice (Form I-797)
Valid passport These documents serve as proof of continued lawful status.
🔹 Is there a refund if denied?
No. The USCIS fee is non-refundable, regardless of outcome.
✈️ Travel During I-829 Processing
While the I-829 is pending, you remain in valid status. You can travel internationally and re-enter the U.S. if you carry:
CBP officers will admit you under the same category until a final decision is made.
📋 Sample USCIS Case Timeline (Direct Investment)
Month
Action Taken
Month 0
File I-829 + supporting docs
Month 1
Receive Receipt Notice (I-797)
Month 2
Attend Biometrics
Month 5–7
USCIS adjudication
Month 7
Green card approved
📣 USCIS Red Flags to Avoid
❌ Incomplete or outdated form versions ❌ Failure to prove job creation ❌ Lack of sufficient documentation on funds ❌ Evidence of funds from illegal sources ❌ Filing outside the 90-day window without cause
🧠 Strategic Insights from TRW Law Firm
Our legal team has identified common client mistakes and resolved dozens of complex I-829 cases. Here’s what we’ve learned:
🟩 Start early: Document business activity and job creation from the beginning of your investment.
🟩 Keep financials clean: Ensure that taxes, employee benefits, and payroll are consistently maintained.
🟩 Retain evidence of lawful source of funds: Bank transfers and tax documents from the initial investment stage should be preserved.
🟩 Regional Center caution: Ask for regular updates on job creation modeling and any economic impact reporting.
🟩 Stay informed: USCIS policy changes occur often. Work with an immigration attorney to stay ahead.
👨⚖️ TRW Law Firm: Your Immigration Partner
TRW Law Firm is a leading global immigration law firm representing high-net-worth individuals, regional centers, and foreign entrepreneurs navigating the EB-5 and I-829 process.
🟩 End-to-end EB-5 support (from I-526 to I-829) 🟩 Custom documentation audit and RFE support 🟩 Source of funds planning and compliance 🟩 Family-based derivative processing 🟩 International tax advisory in collaboration with U.S. CPAs
📞 Contact TRW Law Firm
📍 Head Office TRW Law Firm House 410, Road 29, Mohakhali DOHS, Dhaka, Bangladesh
Filing Form I-829 is the culmination of a significant journey—legally, financially, and emotionally. It validates your contribution to the U.S. economy and secures your family’s long-term status in the country. Don’t leave it to chance.
Contact TRW Law Firm today to secure your success in the final step of the EB-5 journey.
