Removal of Conditions I-751
Removal of Conditions of Residence - I-751
With offices in Chicago and Wheaton, I counsel and represent individuals throughout Cook and DuPage Counties, and worldwide, seeking to remove conditions on permanent residence by filing form I-751 with requisite documents on a regular basis. In particular, since I also practice family law, I often handle cases where there is an issue as to eligibility to file jointly with the petitioner-spouse, or to seek a waiver of the joint filing requirement. Timing is often also in question, as the regular I-751 joint petition should be filed within 90 days preceding the two-year anniversary of the issuance of the green card. However, if the couple is no longer together, this may not be the correct timing, or simply, may not be possible. Please contact me for a free intake to discuss your situation.
If you were married for less than 2 years at the time you received your legal permanent residence status (green card), you must file a joint petition for removal of conditions on permanent residence (form I-751) within 90 days preceding the 2-year anniversary of the issuance of your green card.
The “joint” filing means that the petition must be filed by the foreign beneficiary (the legal permanent resident) and his/her U.S. citizen petitioner (the one that petitioned for the initial green card).
The timing is important, as if you file outside of the above-referenced 90 day period, you need to provide an acceptable reason for the late filing.
The I-751 petition needs to be accompanied by appropriate documentation of your relationship (referred to as bona fides) and must be signed by both spouses. Often, a well filed I-751 petition results in approval without an interview.
An interview can result from insufficient documentation of relationship, random scheduling or other reasons.
I can help by preparing and filing a properly prepared I-751 packet or just reviewing what you have prepared. Please contact me for a free intake.
Waiver of Joint Filing Requirement
If you are divorced from the U.S. citizen petitioner (your spouse that petitioned for the initial green card), you cannot file a joint petition for removal of conditions. You must instead file the I-751 petition seeking a waiver of the joint filing requirement.
The timing of this petition is different in that the 90 days referred to in the Joint Petition section on the left, does not apply. However, you may need to file sooner than later to maintain your status.
A waiver of the joint filing requirement can only be granted based on very specific reasons. Typically, the reasons used are either mental or physical cruelty perpetrated by the petitioner against the beneficiary and/or that the marriage was a good faith (bona fide) marriage that was terminated by divorce or death of the petitioner.
Questions arise as your eligibility to file if the circumstances are not as clear as being divorced. For example, if you are simply living apart from your spouse-petitioner, or if she/he/they just refuses to cooperate. These questions must be addressed on a case-by-case basis to find the right solution for each situation.
Please contact me for a free intake to begin finding your solution and eventual removal of conditions.
Learn About Your Options
If you are not sure about the I-751 process generally, or if you feel your situation is more complex than others, please complete and submit the Immigration Law Questionnaire. I will get back to you and we can begin to explore your options together. Please keep in mind though, that until and unless we both sign an Attorney Client Agreement, I am not your attorney.