What you need to know about your Green Card and Form I-751

What you need to know about your Green Card and Form I-751

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Most Green Cards last 10 years and can be renewed indefinitely, but if you obtained yours through marriage and had been married for less than two years at that time, your Green Card will only be valid for two years.

To renew it, you must fill out Form I-751 before the card expires. This form is called “Petition to Remove Conditions on Residence” to receive a permanent Green Card that you can renew every ten years. This is how to “upgrade” the 2-year Green Card to a 10-year residency.

On this form, USCIS (United States Citizenship and Immigration Services) seeks to determine whether the applicant’s marriage is genuine. If your marriage ends, you can still apply to remove the conditions on the Green Card, but you must explain and provide evidence that the marriage was genuine.

You can check whether you have a conditional residence by looking at the front of your Green Card. The letters CR1 under the “Category” heading will indicate if you have a conditional Green Card. The expiration date will also show when it expires and if it’s time to begin the renewal paperwork.

Form I-751 should be filed with the spouse who initially sponsored the Green Card. However, there may be cases when that is not possible due to divorce, the spouse passing away, or becoming abusive. In that case, it can be filed individually.

What happens if you fail to file Form I-751?

It is crucial that you don’t file Form I-751 late to avoid complications with your stay in the US. One of the consequences may even be the immediate loss of permanent resident status. Take into consideration that the right time to file depends on whether you are filing individually or with your sponsoring spouse.

Check the expiration date on your Green Card. You must file Form I-751 during the 90-day period before the expiration date of the conditional Green Card.

If your Green Card expires on April 1, 2023, you can file Form I-751 on January 1, 2023, but no later than April 1, 2023, to maintain your Green Card status.

However, if your conditional Green Card expired, you can request the US government to make an exception and allow you to file I-751 late. This should be a letter explaining the reasons you could not file sooner. Consider that your request will be approved only if your reasons fall under “extraordinary circumstances” that were beyond your control. Therefore, the delay will be considered reasonable.

There is no guarantee that an I-751 will be accepted if filed late, so be sure to meet the deadline. 

How to fill out Form I-751

First, print out Form I-751. You can download the file, type the answers, print out the completed form, or fill it out by hand using black ink. Next, send it to the US government by mail. The address depends on which US state you live in.

These are the different parts of the form:

Part 1: Information about you

Here, you need to fill out basic personal information, such as your name, marital status, where you were born, and more. Some of the requested information will be on the Green Card.

Part 2: Biographic information

In this section, you must indicate your race, ethnicity, height, weight, hair, and eye color, and others.

Part 3: Basis for Petition

Here, indicate if you are filing jointly with your spouse or parent. Do this by checking the box in “Joint Filing.” If you are filing on your own, check the appropriate box and explain why.

Parts 4 and 5: Information about your spouse and children

This section asks you to provide basic information about the sponsoring spouse, parent, or guardian through whom the applicant obtained their Green Card. Do the same below if you have children; if not, leave part 5 blank.

Part 6: Accommodations for individuals with disabilities and impairments

If you have disabilities or impairments, you will inform USCIS in this section.

Parts 7 and 8: Applicant and spouse acknowledgments and signatures

Here, you and your spouse will be asked to verify that all the information in the application is correct.

Parts 9 and 10: Interpreter and preparer information

If you received help from an interpreter or lawyer to complete this form, they must give their details in these sections. 

Additional information that you need to disclose

With the completed I-751 form, you also need to include several supporting documents, such as:

• Copies of the front and back of your current Green Card and your children are included on the I-751.
• Evidence that your marriage was entered into in good faith.
• If you did not file jointly, you must provide evidence supporting your reasons. This can be a death certificate, a finalized divorce, or official documentation that shows you or your children suffered from abuse.
• In the case that you’re filing late, you need to include an explanation.
• Details of any criminal conviction or charges brought against you since you became a Green Card holder.
• If you are filing while overseas due to military or government service, enclose two passport-style photos, completed Form FD-258 fingerprint cards, and a copy of your current military or government orders. Additionally, write “ACTIVE MILITARY” or “GOVERNMENT ORDERS” on the top of your I-751.

How much do you have to pay to file I-751?

The filing fee for Form I-751 is $595. You will also have to pay an $885 biometric fee for yourself and an additional $85 fee for each dependent included in your form. You can request a fee waiver based on your household income.

USCIS accepts money orders, personal checks, or cashier’s checks. You can also pay by credit card using Form G-1450, Authorization for Credit Card Transactions.

What to do after filing I-751?

After you file this form, you will receive a notice in the mail confirming that it has been received. The receipt is called Form I-797 and can be presented with your existing Green Card to extend its validity for up to 18 months beyond the original expiration date.

The processing time for I-751 forms changes regularly and depends on which USCIS office processes your application. You can, however, check the USCIS website for current wait times. If the wait extends to over three years, don’t worry; your Green Card will remain valid until your I-751 application is decided.

Next, you will be called for your biometrics appointment and a final interview with a USCIS official. If you receive your approval, you will receive your 10-year Green Card, and remember to renew it before it expires.

But what happens if your I-751 is denied? There can be three main reasons why your application can be denied:

1. It was discovered that the marriage was fraudulent or the applicant paid a fee for filing another application for immigrant status.
2. The applicant didn’t attend the interview or file a joint petition within the appropriate time frame.
3. The application contains false information.

However, do not despair; there is still hope; you can read more about how to re-file here. If you have more questions or need help with another immigration request or filing, please contact an immigration attorney in San Diego, California, in Kannan Law.