Cottonwood Heights Petition to Remove Conditions on Residence (I-751 Filing Services)
What is an I-751 Petition?
If a U.S. citizen has been married for fewer than two years to their foreign spouse at the time their Green Card application is approved, the foreign spouse will be granted a “conditional permanent residence.” This is a hybrid status, which carries many of the same rights and privileges as permanent residence (such as the ability to live and work permanently in the United States), but is typically only granted for two years. Petitioners are required to submit an application to remove the conditions on their foreign spouse’s Green Cards within the 90-day period before their conditional Green Card expires.
Filing an I-751 petition can be a long and stressful process, which is why it is best to let our experienced Cottonwood Heights I-751 lawyer help you. At Monument Immigration, we are known for our client-focused approach and ability to consistently achieve good results for our clients.
To schedule a consultation with Monument Immigration regarding filing an I-751 petition, call (801) 609-3659 or contact our Cottonwood Heights I-751 lawyers online.
Who Should File Form I-751?
Form I-751 is required for conditional permanent residents who obtained their status through marriage to a U.S. citizen or lawful permanent resident. Filing the I-751 petition applies to you if:
- You are approaching the two-year expiration of your conditional residency.
- You are still married to the spouse who helped you obtain your residency.
- You or your children obtained conditional status concurrently through your spouse.
- You are filing a waiver due to divorce, annulment, or the death of your spouse.
Filing the I-751 on time is crucial to maintaining your legal status in the U.S., so it’s important to begin preparing well before the 90-day filing window opens.
How Do I Remove the Conditions on My Green Card?
You and your immigrant partner must prove to USCIS that you married in good faith and that you did not marry solely to obtain a Green Card. One key indicator of good faith is having a shared life together.
What Documents Do I Need to Submit an I-751 Waiver?
The supporting documents that you will need to submit with the Form I-751 waiver of affidavit of marriage are:
- Proof of your eligibility to file the Form I-751 waiver of affidavit of marriage; and
- Supporting documents that demonstrate an ongoing relationship between the petitioner and the immigrant, as well as any other circumstances that warrant a waiver including: Documentation of the circumstances of the marriage; such as, but not limited to: documents showing joint ownership of property, birth certificates of children born to the marriage, leases showing both spouses as residents, documentation showing that the U.S. citizen and spouse have combined their financial resources, and other documents showing they intended to be married and create a life together
- Documentation showing the reasons the marriage was terminated; Such as, but not limited to, divorce decrees, police reports of incidents of domestic violence or abuse, and photographs of you and your former spouse; and
- Any other documents you believe will support your petition.
What Are Some of the Possible Problems with Removing Conditions on Permanent Residence?
The most common issues that we help our clients with are removed conditions issues involving:
- Recently Divorced Individuals: Spouses of U.S. citizens and permanent residents who were already divorced when they obtained their conditions green cards may have trouble proving their marriage was not entered into to obtain an immigration benefit. We help clients navigate these unique challenges, offering customized advice and guidance based on our extensive experience helping people get their conditions removed.
- Waivers of Joint Filing: U.S. citizens and permanent residents who have been the victims of abuse or violence perpetrated by their spouses have the right to ask for a waiver of the joint filing requirement. We help victims of abuse or violence file successful waivers, walking alongside them throughout their case to ensure they are treated with respect and dignity.
What Is the I-751 Petition Form?
The I-751 petition is a form issued by U.S. Citizenship and Immigration Services (USCIS). When you have a USCIS conditional green card that’s going to expire in the next two years, you will have to complete and submit it to petition USCIS to have the conditions removed. In other words, the I-751 petition is how divorcing couples can ask USCIS adjust their immigration status to be permanent once they have been a conditional permanent resident for two years.
There is not just one I-751 petition application because different people have different requirements which, in USCIS terminology, are called “basis.” Most people who get Green Cards through marriage must submit an I-751 petition and provide two things: a valid marital relationship and a good faith marriage. That means, you and your spouse cannot be legally separated by the time you submit it.
However, the following types of couples don’t have to worry about those prerequisites:
- If you don’t have to petition to have the conditions removed
- USCIS accepted your marriage and you still live with your spouse
- You got a Green Card but aren’t married to that person anymore because you are the surviving spouse of a marriage that was entered in good faith
Does that sound confusing? It can be — that’s why we’re here to help. These cases are often very complicated. Please call Monument Immigration to
Learn more about getting help from our excellent, qualified legal team: Call Us at (801) 609-3659 or request an appointment with us today and see how we can help.
How To File a Petition to Remove Green Card Conditions
Connect with us today if you need assistance filing a petition to remove a Green Card condition.
When you need a legal team you can trust to guide you through this immigration process, we’re the right choice for you. When you file with us, we will give a preliminary demonstration of the petition timeline, review each carefully gathered document for authenticity/accuracy, and build and bind the complete packet together for your review and signature. If something’s wrong, we’ll double-check the paperwork, fill any gaps in documents, and write the complete package together for filing.
After your complete package is filed, we will guide and support you from the time of your acceptance letter to the time of your swearing-in ceremony. That’s because our mission is to help make your dream of becoming a U.S. citizen come true.
Why Choose Monument Immigration for Your I-751 Filing?
Navigating the immigration process alone can be overwhelming. With Monument Immigration, you gain the support of experienced professionals who understand the intricacies of immigration law and the importance of timely, accurate submissions. Based in Cottonwood Heights, we’re here to make the journey toward permanent residency as efficient and stress-free as possible.
If you’re ready to remove the conditions on your residence, don’t delay. Contact Monument Immigration in Cottonwood Heights today for a consultation and take the next step toward securing your green card and a permanent future in the United States.
Learn more about getting help from our excellent, qualified legal team: Call Us at (801) 609-3659 or request an appointment with us today and see how we can help.
Frequently Asked Questions
What happens if I miss the I-751 filing deadline?
Missing the deadline could lead to the loss of your conditional resident status. Monument Immigration can help you explore options for filing with a reasonable cause explanation to USCIS.
Do I need an interview for the I-751?
Not all I-751 petitions require an interview. USCIS may waive it if your submitted evidence is sufficient. If an interview is necessary, our team can help you prepare.
Can I file Form I-751 without my spouse?
Yes, if you are divorced, widowed, or have experienced abuse, you may file a waiver. Monument Immigration offers specialized guidance for these situations to ensure your eligibility and application are solid.
How long does it take to process the I-751?
Processing times vary but generally take several months. While waiting, you are granted an extension of your conditional resident status.
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Monument Immigration
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Mark is happy to discuss the details of your case. Contact us today with a description of your case to see if you qualify!