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WYRWTK | Episode #20 | "What is an I-751 Petition, who needs to file it and when?"


Hi, I’m Attorney Shaffer. Today on “What You Really Want to Know,” we answer the question, “What is an I-751 petition, who needs to file it and when?” An I-751 petition is called a Petition to Remove Conditions on Residency.  You must file this if you have a 2-year or conditional green card. Once the petition is approved, you become a Lawful Permanent Resident and receive a 10-year green card. The purpose of this petition is to prove to immigration that you are still married and living with your U.S. Citizen Spouse and that you have a real good faith marriage as opposed to just marrying a U.S. Citizen to evade the immigration law.

Who gets a 2-year instead of a 10-year? You are going to get a 2-year conditional green card if you green card is based on marriage to a U.S. Citizen AND you and your U.S. Citizen Spouse have been married for less than 2 years at the time of your adjustment of status or at the time of the issuance of your immigrant visa abroad.

If you have a child included on your application or who files after you based on the same marriage, he or she will also get a 2-year green card and will be required to submit an I-751 petition.

When do I file the I-751 petition? If you look on the Green Card, it says date that it expires, you have to file it within the 90-day period before the card expires. If you miss the filing deadline, there is a very good chance that you are going to be placed in removal proceedings. There is one exception that you can file it before this 90-day period. 

And that is if you and your spouse separate, your spouse dies or if your spouse subjects you to abuse or extreme cruelty. In that case, you do not have to wait for that 90-day period. You can file the I-751 petition immediately.  For more information on what to do if you and your spouse are no longer together, check out “What You Really Want to Know” Episode #8, “Will I lose my Conditional Green Card if I am no longer with my U.S. Citizen Spouse?”

If you have questions about filing an I-751 petition or if your I-751 petition was denied and you are now in removal proceedings, contact us today! Do not hesitate!

That is all for this episode of “What You Really Want to Know,” thanks for watching!