Instructions for USCIS Form I-751 "Petition to Remove Conditions on Residence"

This document contains official instructions for USCIS Form I-751, Petition to Remove Conditions on Residence - a form released and collected by the U.S. Department of Homeland Security - Citizenship and Immigration Services. An up-to-date fillable USCIS Form I-751 is available for download through this link.

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Download Instructions for USCIS Form I-751 "Petition to Remove Conditions on Residence"

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Instructions for Petition to
Remove Conditions on Residence
USCIS
Form I-751
Department of Homeland Security
OMB No. 1615-0038
U.S. Citizenship and Immigration Services
Expires 12/31/2019
What Is the Purpose of Form I-751?
This petition is used by a conditional resident who obtained status through marriage, to request that U.S. Citizenship and
Immigration Services (USCIS) remove the conditions on his or her residence.
Who May File Form I-751?
If you were granted conditional resident status through marriage to a U.S. citizen or lawful permanent resident, use Form
I-751, Petition to Remove Conditions on Residence, to file for the removal of those conditions. If you have dependent
children who acquired conditional resident status on the same day as you or within 90 days thereafter, then include the
names and Alien Registration Numbers (A-Numbers) of these children in Part 5. of Form I-751 in order to request that
the conditions on their status be removed as well. If you have dependent children who did not acquire conditional resident
status on the same day as you or within 90 days thereafter, or if the conditional resident parent is deceased, then those
dependent children must each file Form I-751 separately to have the conditions on their status removed.
If you are still married, then file Form I-751 jointly with your spouse through whom you obtained conditional status.
However, you may file Form I-751 without your spouse if:
1. You entered the marriage in good faith, but your spouse subsequently died;
2. You entered the marriage in good faith, but the marriage was later terminated due to divorce or annulment;
3. You entered the marriage in good faith, but you have been battered or subject to extreme cruelty by your petitioning
spouse; or
4. Your conditional resident parent entered the marriage in good faith, but you have been battered or subject to extreme
cruelty by your parent’s U.S. citizen or lawful permanent resident spouse or by your conditional resident parent; or
5. The termination of your status and removal from the United States would result in extreme hardship.
When Should I File Form I-751?
1. Filing jointly. If you are filing this petition jointly with your spouse, you must file it during the 90-day period
immediately before your conditional residence expires.
2. Filing with a request that the joint filing requirement be waived or individually filed. You may file Form I-751
without your spouse if they are deceased, you are divorced, or you and/or your conditional resident child were
battered or subjected to extreme cruelty. You may file this petition at any time after you are granted conditional
resident status and before you are removed from the United States.
3. Effect of not filing. If this petition is not filed, you will automatically lose your permanent resident status two years
from the date on which you were granted conditional status. You will then become removable from the United States.
SPECIAL NOTE: If your failure to file was through no fault of your own, you may file your petition late with a
written explanation and request that USCIS excuse the late filing. Failure to file before the expiration date may be
excused if you demonstrate when you file the petition that the delay was due to extraordinary circumstances beyond
your control and that the length of the delay was reasonable.
Form I-751 Instructions 12/05/17 N
Page 1 of 10
Instructions for Petition to
Remove Conditions on Residence
USCIS
Form I-751
Department of Homeland Security
OMB No. 1615-0038
U.S. Citizenship and Immigration Services
Expires 12/31/2019
What Is the Purpose of Form I-751?
This petition is used by a conditional resident who obtained status through marriage, to request that U.S. Citizenship and
Immigration Services (USCIS) remove the conditions on his or her residence.
Who May File Form I-751?
If you were granted conditional resident status through marriage to a U.S. citizen or lawful permanent resident, use Form
I-751, Petition to Remove Conditions on Residence, to file for the removal of those conditions. If you have dependent
children who acquired conditional resident status on the same day as you or within 90 days thereafter, then include the
names and Alien Registration Numbers (A-Numbers) of these children in Part 5. of Form I-751 in order to request that
the conditions on their status be removed as well. If you have dependent children who did not acquire conditional resident
status on the same day as you or within 90 days thereafter, or if the conditional resident parent is deceased, then those
dependent children must each file Form I-751 separately to have the conditions on their status removed.
If you are still married, then file Form I-751 jointly with your spouse through whom you obtained conditional status.
However, you may file Form I-751 without your spouse if:
1. You entered the marriage in good faith, but your spouse subsequently died;
2. You entered the marriage in good faith, but the marriage was later terminated due to divorce or annulment;
3. You entered the marriage in good faith, but you have been battered or subject to extreme cruelty by your petitioning
spouse; or
4. Your conditional resident parent entered the marriage in good faith, but you have been battered or subject to extreme
cruelty by your parent’s U.S. citizen or lawful permanent resident spouse or by your conditional resident parent; or
5. The termination of your status and removal from the United States would result in extreme hardship.
When Should I File Form I-751?
1. Filing jointly. If you are filing this petition jointly with your spouse, you must file it during the 90-day period
immediately before your conditional residence expires.
2. Filing with a request that the joint filing requirement be waived or individually filed. You may file Form I-751
without your spouse if they are deceased, you are divorced, or you and/or your conditional resident child were
battered or subjected to extreme cruelty. You may file this petition at any time after you are granted conditional
resident status and before you are removed from the United States.
3. Effect of not filing. If this petition is not filed, you will automatically lose your permanent resident status two years
from the date on which you were granted conditional status. You will then become removable from the United States.
SPECIAL NOTE: If your failure to file was through no fault of your own, you may file your petition late with a
written explanation and request that USCIS excuse the late filing. Failure to file before the expiration date may be
excused if you demonstrate when you file the petition that the delay was due to extraordinary circumstances beyond
your control and that the length of the delay was reasonable.
Form I-751 Instructions 12/05/17 N
Page 1 of 10
General Instructions
USCIS provides forms free of charge through the USCIS website. In order to view, print, or fill out our forms, you should
use the latest version of Adobe Reader, which you can download for free at http://get.adobe.com/reader/. If you do not
have Internet access, you may call the USCIS National Customer Service Center at 1-800-375-5283 and ask that we mail
a form to you. For TTY (deaf or hard of hearing) call: 1-800-767-1833.
Signature. Each petition must be properly signed and filed. For all signatures on this petition, USCIS will not accept a
stamped or typewritten name in place of a signature. If you are under 14 years of age, your parent or legal guardian may
sign the petition on your behalf. A legal guardian may also sign for a mentally incompetent person.
Filing Fee. Each petition must be accompanied by the appropriate filing fee.
Biometric Services Fee.
1. Conditional Resident. Each conditional resident and conditional resident dependent included in the principal
petitioner’s Form I-751 is required to submit a biometric services fee with this petition, in addition to the required
filing fee. (See the What Is the Filing Fee section of these Instructions.)
2. U.S. Citizen or Lawful Permanent Resident Spouse. If you are the U.S. citizen or lawful permanent resident
spouse, you do not need to include a biometric services fee at the time this petition is submitted. If USCIS later
notifies you that you must submit your biometrics, you will receive a biometric services appointment notice with
instructions on how to submit the additional fee.
Evidence. At the time of filing, you must submit all evidence and supporting documentation listed in the What Initial
Evidence Is Required section of these Instructions.
Biometric Services Appointment. USCIS may require that you appear for an interview or provide fingerprints,
photograph, and/or signature at any time to verify your identity, obtain additional information, and conduct background
and security checks, including a check of criminal history records maintained by the Federal Bureau of Investigation
(FBI), before making a decision on your petition. After USCIS receives your petition and ensures it is complete, we will
inform you in writing, if you need to attend a biometric services appointment. If an appointment is necessary, the notice
will provide you the location of your local or designated USCIS Application Support Center (ASC) and the date and time
of your appointment or, if you are currently overseas, instruct you to contact a U.S. Embassy, U.S. Consulate, or USCIS
office outside the United States to set up an appointment. If you fail to attend your biometric services appointment,
USCIS may deny your petition.
Acknowledgement of Appointment at USCIS Application Support Center. Review the ASC Acknowledgement that
appears in Part 7. of Form I-751. The purpose of this ASC Acknowledgement is to confirm that you have completed
your petition, reviewed your responses, and affirmed that the information was provided by you and is complete, true, and
correct. If someone helped you fill out your petition, that person must review the ASC Acknowledgement with you to
make sure you understand it. If your spouse or another individual signed your petition, they must read, complete, and sign
Part 8.
Copies. You may submit legible photocopies of documents requested, unless the Instructions specifically state that you
must submit an original document. USCIS may request an original document at the time of filing or at any time during
processing of an application, petition, or request. If you submit original documents when not required, the documents
may remain a part of the record, and USCIS will not automatically return them to you.
Translations. If you submit a document with information in a foreign language, you must also submit a full English
translation. The translator must sign a certification that the English language translation is complete and accurate, and that
he or she is competent to translate from the foreign language into English.
Form I-751 Instructions 12/05/17 N
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How to Fill Out Form I-751
1. Type or print legibly in black ink.
2. If you need extra space to complete any item within this petition, use the space provided in Part 11. Additional
Information or attach a separate sheet of paper; type or print your name and Alien Registration Number (A-Number)
(if any) at the top of each sheet; indicate the Page Number, Part Number, and Item Number to which your answer
refers; and sign and date each sheet.
3. Answer all questions fully and accurately. If a question does not apply to you (for example, if you have never been
married and the question asks “Provide the name of your current spouse”), type or print “N/A,” unless otherwise
directed. If your answer to a question which requires a numeric response is zero or none (for example, “How many
children do you have” or “How many times have you departed the United States”), type or print “None,” unless
otherwise directed.
4. USCIS Online Account Number (if any). If you have previously filed an application, petition, or request using the
USCIS online filing system (previously called USCIS Electronic Immigration System (USCIS ELIS)), provide the
USCIS Online Account Number you were issued by the system. You can find your USCIS Online Account Number
by logging in to your account and going to the profile page. If you previously filed certain applications, petitions,
or requests on a paper form via a USCIS Lockbox facility, you may have received a USCIS Online Account Access
Notice issuing you a USCIS Online Account Number. If you received such a notice, your USCIS Online Account
Number can be found at the top of the notice. If you were issued a USCIS Online Account Number, enter it in the
space provided. The USCIS Online Account Number is not the same as an A-Number.
5. Part 2. Biographic Information. Provide the biographic information requested in Part 2. Providing this
information as part of your petition may reduce the time you spend at your USCIS ASC appointment as described in
the Biometric Services Appointment section of these instructions.
Item Numbers 1. - 2. Ethnicity and Race. Select the boxes that best describe your ethnicity and race.
Categories and Definitions for Ethnicity and Race
A. Hispanic or Latino. A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish
culture or origin, regardless of race. (NOTE: This category is only included under Ethnicity in Part 2., Item
Number 1.)
B. White. A person having origins in any of the original peoples of Europe, the Middle East, or North Africa.
C. Asian. A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian
subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine
Islands, Thailand, and Vietnam.
D. Black or African American. A person having origins in any of the black racial groups of Africa.
E. American Indian or Alaska Native. A person having origins in any of the original peoples of North and South
America (including Central America), and who maintains tribal affiliation or community attachment.
F. Native Hawaiian or Other Pacific Islander. A person having origins in any of the original peoples of Hawaii,
Guam, Samoa, or other Pacific Islands.
Item Number 3. Height. Select the values that best match your height in feet and inches. For example, if you are
five feet and nine inches, select “5” for feet and “09” for inches. Do not enter your height in meters or centimeters.
Item Number 4. Weight. Enter your weight in pounds. If you do not know your weight, or need to enter a weight
under 30 pounds or over 699 pounds, enter “000.” Do not enter your weight in kilograms.
Item Number 5. Eye Color. Select the box that best describes the color of your eyes.
Item Number 6. Hair Color. Select the box that best describes the color of your hair.
Form I-751 Instructions 12/05/17 N
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6. Part 7. Petitioner’s Statement, Contact Information, Acknowledgement of Appointment at USCIS Application
Support Center, Certification, and Signature. Select the appropriate box to indicate that you either read this
petition yourself or someone interpreted this petition for you from English to a language in which you are fluent. If
applicable, select the box to indicate if someone prepared this petition for you. You must also affirm that you have
read and understand (or that an interpreter or preparer read to you, and you understand) the Acknowledgment of
Appointment at USCIS Application Support Center in Part 7. Further, you must sign and date your petition and
provide your daytime telephone number, mobile telephone number (if any), and email address (if any). Every petition
MUST contain the signature of the petitioner (or parent or legal guardian, if applicable). A stamped or typewritten
name in place of a signature is not acceptable.
7. Part 8. Spouse’s or Individual Listed in Part 4.’s Statement, Contact Information, Acknowledgement of
Appointment as USCIS Application Support Center, Certification, and Signature (if applicable). Select the
appropriate box to indicate that you either read this petition yourself or someone interpreted this petition for you
from English to a language in which you are fluent. If applicable, select the box to indicate if someone prepared this
petition for you. You must also affirm that you have read and understand (or that an interpreter or preparer read to
you, and you understand) the Acknowledgement of Appointment at USCIS Application Support Center in Part 8.
Further, you must sign and date your petition and provide your daytime telephone number, mobile telephone number
(if any), and email address (if any). Every petition MUST contain the signature of the petitioner (or parent or legal
guardian, if applicable). A stamped or typewritten name in place of a signature is not acceptable.
8. Part 9. Interpreter’s Contact Information, Certification, and Signature. If you used anyone as an interpreter to
read the instructions and questions on this petition to you in a language in which you are fluent, the interpreter must
fill out this section, provide his or her name, the name and address of his or her business or organization (if any), his
or her daytime telephone number, and his or her email address (if any). The interpreter must also certify that he or
she has read the Acknowledgement of Appointment at USCIS Application Support Center in Part 7. to you in the
same language in which you are fluent. The interpreter must sign and date the petition.
9. Part 10. Contact Information, Statement, Certification, and Signature of the Person Preparing this Petition,
If Other Than the Petitioner. This section must contain the signature of the person who completed your petition,
if other than you, the petitioner. If the same individual acted as your interpreter and your preparer, that person
should complete both Part 9. and Part 10. If the person who completed this petition is associated with a business
or organization, that person should complete the business or organization name and address information. Anyone
who helped you prepare this petition MUST sign and date the petition. A stamped or typewritten name in place of a
signature is not acceptable. Anyone who helped you prepare your petition must also certify that he or she has read the
Acknowledgment of Appointment at USCIS Application Support Center in Part 7. to you, and that you informed
him or her that you understood the ASC Acknowledgment. If the person who helped you prepare your petition is
an attorney or accredited representative, he or she must also submit a completed Form G-28, Notice of Entry of
Appearance as Attorney or Accredited Representative, along with your petition.
We recommend that you print or save a copy of your completed petition to review in the future and for your
records. We recommend that you review your copy of your completed petition before you come to your
biometric services appointment at a USCIS ASC. At your appointment, USCIS will permit you to complete the
petition process only if you are able to confirm, under penalty of perjury, that all of the information in your petition
is complete, true, and correct. If you are not able to make that attestation in good faith at that time, USCIS will
require you to return for another appointment.
Form I-751 Instructions 12/05/17 N
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What Initial Evidence Is Required?
Permanent Resident Card
You must file your petition with a copy of your permanent resident card or alien registration card, and a copy of the
permanent resident or alien registration cards of your conditional resident children that you are including in your petition.
Submit copies of both front and back sides of the card.
Exception
Those who reside overseas pursuant to military or government orders, including conditional resident dependents residing
overseas and listed under Part 5. Information About Your Children of the petition, must submit the following items
with Form I-751:
1. Two passport-style photos for each petitioner and dependent, regardless of age. The passport photos must be color
photographs. The photos must have a white to off-white background, be printed on thin paper with a glossy finish,
and be unmounted and unretouched.
Passport-style photos must be 2” x 2”. The photos must be in color with full face, frontal view on a white to off-
white background. Your head must be bare unless you are wearing headwear as required by a religious denomination
of which you are a member. Using a pencil or felt pen, lightly print your name and Alien Registration Number
(A-Number) (if any) on the back of the photo;
AND
2. Two completed fingerprint cards (Form FD-258) for each petitioner and dependent 14 to 79 years of age. You must
write your A-Number on the fingerprint card and ensure that the completed cards are not bent, folded, or creased. The
fingerprint cards must be prepared by a U.S. Embassy or U.S. Consulate, USCIS Office, or U.S. military installation.
In order for USCIS to identify filings based on military or government orders, petitioners are required to indicate on top
of Form I-751, “ACTIVE MILITARY” or “GOVERNMENT ORDERS” and submit a copy of their current military or
government orders.
Evidence of the Relationship
Submit copies of documents indicating that the marriage upon which you were granted conditional status was entered
in “good faith” and was not for the purpose of circumventing immigration laws. Submit copies of as many documents
as you can to establish this fact, to demonstrate the circumstances of the relationship from the date of the marriage to
the present date, and to demonstrate any circumstances surrounding the end of the relationship, if it has ended. The
documents should include, but are not limited to, the following examples:
1. Birth certificates of children born during the time of this marriage, if any;
2. Lease or mortgage contracts showing joint occupancy and/or ownership of your communal residence;
3. Financial records showing joint ownership of assets and joint responsibility for liabilities, such as joint savings and
checking accounts with transaction history, complete joint Federal and State tax returns, insurance policies that show
the other spouse as the beneficiary, joint utility bills, or joint installment or other loans. If applicable, submit copies
of military Leave and Earnings Statements showing receipt of Basic Allowance for Quarters (BAQ) with family
members and/or Form DD-1172 for military family member identification cards;
4. Other documents that you consider relevant to establish that your marriage was not entered for the purpose of evading
U.S. immigration laws; and
Form I-751 Instructions 12/05/17 N
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