Family immigration · Conditional residence
I‑751 Removal of Conditions: Get Your 10-Year Green Card
Your two-year green card expires unless you file Form I-751 in the 90 days before its second anniversary. We file joint petitions and waiver cases, including after divorce, and build the evidence file that shows your marriage was real. Washington, DC office; clients nationwide; consultations in English, Spanish, French and Arabic.
Who must file Form I-751
If you became a permanent resident through a marriage that was less than two years old on the day your residence began, you received a two-year conditional green card. This applies whether you adjusted status in the United States, entered on a CR-1 immigrant visa, or came on a K-1 and adjusted after the wedding. Children who received conditional residence at the same time as the parent, or within 90 days after, are usually included on the parent's petition.
Form I-751, Petition to Remove Conditions on Residence, asks USCIS to confirm the marriage was genuine and convert the card to a 10-year green card. Conditional residents have the same rights as other permanent residents, but the status ends automatically if the conditions are not removed.
Your 90-day filing window
A joint petition must be filed during the 90 days immediately before the second anniversary of the date you became a resident (8 CFR 216.4). That date is the "Resident Since" date on your card; the card's expiration date is the second anniversary.
| Step | What to do |
|---|---|
| 1 | Find the expiration date on the front of your conditional green card |
| 2 | Count back 90 days from that date: that is the first day you can file a joint petition |
| 3 | File no later than the expiration date. Petitions filed too early are returned |
Filing on time automatically extends your conditional status. The receipt notice, together with your card, serves as evidence of status for the period stated on the notice.
Missing the window terminates conditional status automatically, and USCIS can issue a Notice to Appear in immigration court. A late joint petition can still be accepted if you explain in writing, with evidence, good cause and extenuating circumstances for the delay. Waiver petitions are not limited to the 90-day window and can be filed before it, during it, or after it.
Filing jointly with your spouse
Most couples who are still married file together. Both spouses sign the petition, and the evidence must show that the marriage was entered in good faith. USCIS looks at the whole marriage, so recent evidence from the last two years carries the most weight.
Evidence checklist
- Joint lease or mortgage, and utility bills at the shared address
- Joint bank, credit card and investment statements showing ordinary use
- Joint federal tax returns or IRS transcripts for the years of the marriage
- Health, auto and life insurance listing the spouse, and designated beneficiaries
- Birth certificates of children born to the marriage
- Photos over time, travel records and evidence of time with each other's families
- Two or more sworn affidavits from people who know the marriage, with their status documents
If you live apart for work, school or military service, explain why and include evidence of continued contact and shared finances.
Filing without your spouse: waivers
If you cannot file jointly, you can request a waiver of the joint-filing requirement under 8 CFR 216.5. You can select more than one basis on the form.
Divorce or annulment
You must show the marriage was entered in good faith, even though it ended. Evidence of the shared life from when the marriage was intact is the core of the case, plus the final divorce decree. If the divorce is still pending when you file, USCIS typically issues a Request for Evidence for the final decree with a fixed deadline, so file strategically.
Death of a spouse
A widow or widower files without the spouse's signature, with the death certificate and evidence that the marriage was genuine.
Abuse or extreme cruelty
A conditional resident who entered the marriage in good faith and was battered or subjected to extreme cruelty by the U.S. citizen or permanent resident spouse can file alone, whether or not still married. USCIS keeps this information confidential and does not contact the abuser for it.
Extreme hardship
You can also show that removal from the United States would cause extreme hardship, based on circumstances that arose during the period of conditional residence.
What our I-751 service covers
Our service covers a calendar check of your filing window, preparation of Form I-751 (joint or waiver), a tailored evidence plan and indexed exhibit packet, sworn affidavit drafting with your witnesses, filing, and interview preparation if USCIS schedules one. Waiver cases involving abuse, contested divorce or a late filing are scoped separately in the engagement letter.
USCIS fee and timeline
| Form | USCIS fee |
|---|---|
| I-751 (covers children included on the petition) | $750 (paper) / $700 (online) |
Government fees as of Oct. 24, 2026, from USCIS Form G-1055, edition 10/16/26. Confirm before filing.
Government fees change; confirm on the USCIS fee schedule before filing. Fees are set by regulation in 8 CFR 106.2.
After filing, USCIS issues a receipt notice and schedules biometrics. Processing time varies widely; check the I-751 on the USCIS processing times page.
Working and traveling while your I-751 is pending
You keep the right to live and work in the U.S. while the petition is pending, even after the date on your card. Carry the expired card together with the I-751 receipt notice as proof of status for work, travel and renewing a driver's license. If the extension period on the notice runs out before a decision, contact USCIS for an ADIT stamp in your passport. Avoid long trips abroad, which can raise abandonment questions.
Interviews
USCIS may waive the interview if the evidence is strong. If an interview is required on a joint petition, both spouses must attend (8 CFR 216.4(b)). Officers ask about your life together since the green card was issued and check original documents. Waiver interviews focus on the good faith of the marriage when it began. We prepare you for either.
I-751 and citizenship
Time as a conditional resident counts toward naturalization. If you are married to and living with a U.S. citizen, you can generally apply for citizenship after three years of residence; otherwise five. You may file the N-400 while the I-751 is still pending, and USCIS must remove the conditions before it can approve naturalization.
If USCIS is taking too long or denies the petition
A denied I-751 cannot be appealed to USCIS, but it can be reviewed by an immigration judge in removal proceedings, where the petition can be renewed. When a petition sits far beyond posted times, DC Federal Litigation PLLC can evaluate a federal mandamus lawsuit; see I-751 delays. To see what USCIS holds in your file before an interview or after a denial, see the A-File explained and using FOIA to get denial evidence.
Who handles your case
Immigration filings are prepared and signed by a licensed U.S. immigration attorney who works with DC Federal Litigation PLLC. Consultations are available in English, Spanish, French and Arabic. If an agency delays or denies your case and federal court is the right next step, DC Federal Litigation PLLC handles the litigation.
If an unreasonable delay calls for federal court, DC Federal Litigation PLLC handles that litigation from Washington, DC. Consultations are available in English, Spanish, French and Arabic.
Frequently asked questions
When exactly do I file, and what if I miss the 90-day window?
A joint petition is filed in the 90 days before the expiration date on your conditional card. Count back 90 days from that date to find the first day. If you miss the deadline, conditional status ends automatically and USCIS may start removal proceedings. A late joint petition can still be accepted with a written explanation and evidence of good cause. Waiver petitions are not tied to the window.
How much joint evidence is enough to prove a real marriage?
There is no fixed number of documents. USCIS looks for consistent proof of a shared life over the marriage: a shared home, combined finances, joint taxes, insurance, children and affidavits from people who know you. Several strong, dated records from different categories usually outweigh a large stack of photos. If you lack joint accounts, explain why and use other evidence.
My green card expired before USCIS decided my I-751. Can I still work and travel?
Yes. A timely I-751 extends your status. Show your expired card together with the I-751 receipt notice to employers and at the border. The notice states how long the extension lasts. If that period ends before a decision, contact USCIS to request temporary proof of status, often an ADIT stamp in your passport.
I am separated but not divorced. Can I file a waiver?
A good-faith termination waiver requires that the marriage has actually ended. If the divorce is pending, you can still file the waiver, and USCIS typically issues a Request for Evidence asking for the final decree. If you are separated and your spouse will sign, a joint petition may still be possible. Abuse and extreme hardship waivers do not require a divorce.
We divorced after filing jointly. What now?
Tell USCIS. A joint petition cannot be approved once the marriage has ended, but USCIS allows the petition to be treated as a waiver request based on a good-faith marriage that ended in divorce. You will need the final decree and evidence that the marriage was genuine at the start. We prepare the conversion and the supporting evidence.
Is an I-751 abuse waiver the same as a VAWA self-petition?
No. Both protect people abused by a U.S. citizen or permanent resident spouse, but they are different filings. The I-751 abuse waiver is for someone who already has conditional residence and needs the conditions removed without the spouse. A VAWA self-petition (Form I-360) is for someone who does not yet have a green card. Both are confidential.
Will we have an interview?
Maybe. USCIS can waive the interview when the file is complete and the evidence is strong. If an interview is scheduled on a joint petition, both spouses must attend. Failing to appear without good cause can lead to termination of status. We prepare you with the questions officers commonly ask about your life since the green card.
Can I apply for citizenship while my I-751 is pending?
Yes, once you meet the residence requirement. Spouses of U.S. citizens who are married and living together can usually apply after three years; others after five. Conditional time counts. USCIS will decide the I-751 before or along with the N-400 and cannot naturalize you until conditions are removed.
What does the I-751 filing cost, and can the fee be waived?
The USCIS filing fee is $750 (paper) / $700 (online); confirm it on the USCIS fee schedule. Children included on the parent's petition do not pay a separate fee. Fee waivers are generally not available for this form, though fee exemptions exist in some abuse-related situations.
Protect your green card before it expires
Send us the dates on your card and a short summary of your marriage today. We confirm your window, choose joint filing or a waiver, and send a written engagement letter.