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Petition to Remove Conditions for Permanent Residence Based on Marriage

You can be eligible for permanent residency status in the US if you are a foreign national married to a US citizen or PR. However, you must first submit a petition to the US to be granted this status, requesting that the US Citizenship and Immigration Services (USCIS) lift the restrictions on your residency. Even though it can be difficult and drawn out, this procedure is necessary if you wish to remain in the nation lawfully.

Filing the Petition 

The first step in the petition process is filing Form I-751, Petition to Remove Conditions from Permanent Residence Based on Marriage with USCIS. When filing this form, you must include all required documents and evidence to support your claim of having a bona fide marriage with your spouse. This includes evidence of cohabitation such as joint bank accounts, shared lease agreements, and other proof of shared living arrangements. You will also need to provide evidence of any change of name due to marriage as well as photos that show both parties in social situations together with family and friends over an extended period. 

Filing Instructions

When filing Form I-751, there are several different instructions depending on whether both parties are still married at the time of filing or if one spouse is deceased, divorced, abused by their partner, or subject to extreme hardship if removed from the United States. All applicants must include biometrics fees along with their application form and supporting documents unless they have reached 79 years old when they file their form I-751. Biometrics fees must also be paid before filing Form I-751 online; this fee is separate from any other fees associated with applying for the removal of conditions on permanent residence based on marriage. To petition for the removal of conditions on permanent residence based on marriage successfully, it is important to follow all instructions carefully and ensure all required documentation is included with your application form and supporting documentation. If all instructions are followed accurately and all required documentation is provided, then you should receive a decision within 90 days from when USCIS receives your application package. 

By gathering all necessary documentation beforehand and ensuring it meets all requirements listed above before submitting it with your application (Form I-751), you will greatly improve your chances of having a successful outcome when petitioning for the removal of conditions on permanent residence based upon marriage. 

Requirements for Petitioning to Have Conditions Removed 

To file a petition for removal of conditions, you must meet certain requirements including: 

  • You must still be married to the same US citizen or lawful permanent resident that you were married to when you received conditional status;
  • You must have entered into the marriage in good faith; and
  • You must not have become a public charge since receiving conditional status.
  • Marriage certificates.
  • Joint bank statements or credit card statements.
  • Joint tax returns.
  • Birth certificates for children from the marriage.
  • Lease agreements or other evidence showing joint residence.
  • Affidavits from people who know both spouses and can speak to the legitimacy of the marriage.
  • Evidence that either spouse has changed his or her name as a result of the marriage.
  • Evidence that either spouse has benefited financially from being in the relationship.
  • It’s important to note that these requirements vary depending on individual circumstances and eligibility criteria will vary on a case-to-case basis. It is highly recommended that applicants seek legal advice before beginning the petition process as they could potentially face deportation proceedings if their application is denied by USCIS (U.S Citizenship & Immigration Services). 

Form I-751 

To file a petition for removal of conditions, you must fill out Form I-751, Petition to Remove Conditions on Residence. This form can be found online at the USCIS website or requested by mail from USCIS.

Once you have completed Form I-751, it should be mailed along with the required supporting documents to the appropriate USCIS Service Center with payment of applicable fees. After USCIS receives your application they will send a confirmation notice acknowledging receipt and provide further instructions regarding biometrics services appointment if necessary. Once this process is complete, an adjudication officer will review your application and decide whether or not to approve it based on the evidence provided. If approved, USCIS will issue an unconditional green card valid up to 10 years from the date of issuance without any restrictions on travel outside the U.S.

It is important to remember that all submitted documents must be translated into English if they are not originally written in English. Additionally, all documents should be originals or certified copies with dates and stamps affixed by a government agency or organization. Photocopies will not be accepted.   

Interview Process 

Once USCIS has reviewed your application and supporting documents, they will contact you for an interview at their nearest service center or field office. Both spouses must attend this interview together so that they can answer questions from a USCIS officer about their relationship history and living arrangements since getting married. During the interview process, it is also possible that USCIS may ask for additional documentation (such as tax returns) or request access to the applicant’s home for further investigation purposes if needed. 

Decision Time 

Once the interview is complete, USCIS will make its decision regarding whether or not it will approve or deny an applicant’s petition for removal of conditions based on marriage within 90 days after the date of the interview notice was issued. If approved, an applicant will receive notification via mail that their permanent resident status has been approved with no conditions attached and they can remain in the United States legally without fear of deportation or other legal action being taken against them by USCIS or other government agencies.