Form I-751, Petition to Remove the Conditions of Residence

Form I-751

The purpose of Form I-751 is for a conditional resident who obtained the conditional status through marriage to a United States citizen or permanent resident, to petition the USCIS to remove conditions on his or her residence status.

If married both the applicant and spouse must jointly file Form I-751. However, if the applicant is divorced or separated, he or she may file without the spouse or former spouse but must show:

1. That he or she entered the marriage in good faith, but the spouse died after the marriage.
2. That he or she entered the marriage in good faith, but the marriage was later terminated due to divorce or annulment.
3. That he or she entered the marriage in good faith and have remained married, but is the victim of abuse or extreme cruelty by the spouse;
4. That the termination of Form I-751 applicant status and removal would result in extreme hardship.

If the applicant is filing Form I-751 with a spouse, the Form I-751 just be filed sometime during the ninety days preceding the second anniversary of the date the applicant was granted conditional residency status. For applicants filing with a request for waiver of the joint filing requirement, Form I-751 may be filed at any time after the granting of the conditional residence status and before removal.