Form I-751, Explained

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

Phone: +8801708000660, +8801847220062, +8801708080817
Email: info@trfirm.com | info@trwbd.com | info@tahmidur.com
Website: www.tahmidurrahman.com

Summary Table: Form I-751 at a Glance

Let TRW Law Firm help you transition from conditional to permanent status confidently and efficiently. Book your consultation today.