Remove Conditional Green Card & Change to Permanent Green Card
During the 90 days before the second anniversary of the date you obtained conditional resident status you and your spouse (if still married) must file to remove the conditions. You must file a Form I-751, Petition to Remove the Conditions on Residence, with the USCIS. All petitions should be sent to the Service Center that serves the area where you live. Failure to file will result in loss of your permanent resident status. Late filings are permitted with sufficient explanation of the reason(s) for being late in filing.
The I-751 has two purposes. The I-751 is used as a joint petition for the immigrant and the U.S. citizen (or lawful permanent resident spouse) to petition for the removal of the condition. The I-751 is also used as an application for the immigrant to apply for a waiver of the requirement to file the joint petition.
Timing
You must file during the 90 days prior to the second anniversary of the date that you obtained your conditional permanent residence status. For most people, this anniversary is the same as the expiry date on their green card.
If you are requesting a waiver for the joint filing requirement, then you may file any time after your conditional residence is granted.
Initial Evidence
The following documentation is required to complete the petition. Note that photocopies of documents are acceptable unless an original document is specifically requested. Be careful not to send originals if you need them back. The USCIS will keep any original documents that you submit even if the original was not requested.
· Permanent Resident Card: Provide a copy of the front and back of your permanent resident card, and copies of your children’s cards if you are including them in your petition.
· Evidence to Support Your Relationship: Include evidence of the relationship to show that the marriage was entered in good faith. This can include birth certificates of any children born to the marriage, financial records such as joint bank accounts, joint tax returns, insurance policies or loans, and any lease or mortgage contracts showing that you share a residence.
Additional Documentation
· Requesting a waiver: If you cannot file jointly with your spouse, you must provide evidence to support your request for a waiver. Depending on your situation, this may include a divorce decree or annulment record or a death certificate. If you left due to abuse or cruelty, evidence may include copies of police reports, medical reports, or other legal documents. Children filing separately from a parent must provide supporting documentation explaining the situation.
· Criminal History: Include copies of statements or court records if you have ever been arrested or detained by any law enforcement for any reason, whether or not charges were filed, or if you have ever been placed in an alternative sentencing or rehabilitative program. You do not need to provide records for traffic-related incidents if alcohol and drugs were not involved.
· Translations: All foreign language documents must be accompanied by a full English translation by a certified translator.
Required Evidence
A crucial part of filing this form is that you present evidence of your bona fide marital relationship, as your removal of conditions is based upon your marriage. There are a variety of documentations that you may submit. While the USCIS instructions for the I-751 say that evidence should cover the entire period from your marriage up to the present date, there is no need to repeat evidence that you already submitted to them earlier. Many couples submit no evidence whatsoever covering the period before their first interview. In any case, it's helpful to concentrate on the evidence that has developed since they last interviewed you.
You do not have to have all of the types listed below as proof of the relationship; supply as many as you like. If you are short on the documents that have both of your names listed on them you MAY include affidavits from people who know you as a couple and can confirm your marital relationship -- note that they are not required. If you have very little documentary evidence, you may find affidavits helpful. Additionally, you will need to submit a copy of the green card of the person who is applying for removal of conditions. If you have children who will also be filing for removal of conditions at the same time, you may include them and use only one form and only one fee for the form.
ONLY SEND COPIES of evidence. The copies should be clear and all marks pertaining to filings, registration and/or government issuance should be clearly shown.
|
1. |
A deed, showing co-ownership of your property or a lease agreement with both of your names on the lease. |
|
2. |
Utility bills, credit card bills, and other types of bills which have both of your names on them. Since many utilities will only put a bill in one person's name, some bills in one name and other bills at the same address but in the other spouse's name serve the same purpose: showing your financial & social lives intermingled. |
|
3. |
Copies of actual credit cards, health insurance cards, or other "joint" cards that you have together, showing same account number. |
|
4. |
Car, health, or life insurance that has both of your names on the policy or the other spouse listed as the beneficiary. |
|
5. |
401K or other retirement plan with spouse listed as beneficiary (right to survivorship is the technical term) |
|
6. |
Bank or stock accounts with both of your names on them. |
|
7. |
A copy of your joint tax returns. Tax transcripts from the IRS are still the preferred method. |
|
8. |
A car title or other titles to property showing joint ownership with your spouse. |
|
9. |
Birth certificate of any children that have been born to your marriage. |
|
10. |
Documentation of any vacations that you have taken, including flight itineraries, hotel bills, pictures of you together on vacation. |
|
11. |
Other family pictures of you together. |
|
12. |
Documentary proof showing evidence of your children together (Copy of Birth Certificate, photos, etc) |
|
13. |
Copies of Christmas cards and other holiday cards addressed to you both. |
There are certain situations in which a conditional resident may not be able to depend on their spouse to help their file the Form I-751, Application to Remove the Conditions on Residence. The conditional resident may apply for an I-751 waiver of the joint filing requirement by filing the Form I-751 alone(indicating that requesting waiver of joint filing requirement called an “I-751 Waiver” if they can show:
1. That they entered into the marriage in good faith, but that the marriage was terminated in divorce; and/or
2. That they entered into the marriage on good faith, but the married was terminated due to the death of the United State Citizen spouse; and/or
3. That she entered into the marriage in good faith, and that she was subjected to physical battering and/or extreme mental cruelty; and/or
4. That she would suffer extreme hardship if returned to her country of origin.
Please note that if you are filing an I-751 waiver, you do not have to show your eligibility under all grounds. At the very least, you must meet one of the grounds of eligibility. For example, if you entered into your marriage in good faith and were abused by your spouse but you are not yet divorced, you are eligible under the second ground. If you entered into your marriage in good faith, and were abused by your spouse, and your marriage ended in divorce (with a final divorce decree) during the period of conditional residence, you are eligible under both the first and second grounds. If you meet more than one ground, you should mark more than one box on the Form I-751.
HOW TO PREPARE YOUR I-751 WAIVER APPLICATION
Following is an explanation of each element and how you can prove your case.
1. How can I prove that my marriage is “good faith” and I did not get married just to get immigration papers?
There are several ways to prove this. The following documents are examples of what you can provide as proof that your marriage was in good faith. Please note that this list is not exhaustive, you may have other documents that prove your marriage was in good faith.
· A “personal declaration” in which you describe, in great detail, how you met your spouse, why you got married, and the feelings that you had or still have towards him or her, and why.
· If you and your spouse have a child or children together, present the birth certificate for each child.
· Declarations (formal letters) from people who know you and your spouse and who can affirm that your marriage was based on sentimental or cultural ties, who witnessed your marriage ceremony or who knew you as a married couple. These letters should include as many details as possible.
· Letters that you received from your spouse while you were dating, separated, or during any other stage of your relationship.
· Letters from people addressed to both you and your spouse, or in which the person who wrote the letter refers to both of you as a couple.
· Papers with the names of both you and your spouse that show that you bought a car, a house, furniture, or something else together.
· A rental agreement for your house or apartment with both of your names on it, or a letter from the building manager or owner proving that you lived together.
· Letters or statements from a bank that show that you had or have a savings or checking account together.
· Insurance papers that show that you were or still are covered by your spouse’s insurance plan, or that your plan covers or covered him or her.
· Bills, such as electricity, water, heat, cable TV, phone, or others that show both you and your spouse’s names.
· Income tax papers that show your name and your spouse’s name.
· An identification card that shows that you use your spouse’s last name.
· Applications or membership cards for video clubs, grocery stores or similar businesses, that show joint membership for you and your spouse.
· Any other documents you can think of to show that you did not get married just to get immigration papers.
2. How can I show that I am no longer married?
A document that shows your marriage has been terminated either through divorce, annulment, or death is evidence that you are no longer married. In most cases, this would be an order from a judge.
3. How can I show that my spouse abused me physically or psychologically?
There are many different ways to show that your spouse abused you. The following is a list of possibilities:
· In your personal declaration, you should explain how your spouse treated you and/or your children. If your spouse has ever physically harmed or beaten you, describe those incidents.
· Be sure to include dates and descriptions of any injuries you sustained. If your spouse has threatened you in any way, including with deportation, separation from your children, death, or injuries to you or someone else, describe these threats. If he or she has made sexual demands on you; has denied you economic support; has kept you isolated; or engages in or has engaged in any other behavior that has made you fear for your own safety or for someone else’s, write as much about this as possible. Try to write about how it made you feel when he has threatened, hit, insulted, or in any other way tried to control you. All of this will serve as evidence of abuse or extreme mental cruelty.
· If there are other people who know about the way your spouse or parent has treated you, you should present letters from these people. If there is no one you can ask to write a letter for you, be sure to explain why not in your declaration.
· If, at any time, you or someone else called the police because they suspected or knew that your spouse was hurting you, you should try to obtain the police report.
· Past or present court orders that prohibit your spouse from approaching you or your children.
· Hospital or clinic reports that show that you were physically assaulted and/or emotionally harmed by your spouse, even if you did not tell the person helping you the truth about how you got hurt.
· If you or your children have attended a support group for survivors of domestic violence, or if you have or continue to see a mental health professional, the support group facilitator or therapist could write a letter to support your case. If you have received the assistance of a shelter or other center for survivors (victims) of sexual abuse or domestic violence, a staff member at the agency could write a letter regarding what he or she knows about your case.
4. How can I show that I will suffer extreme hardship if I have to go back to my country of origin?
One way to show you are eligible for an I-751 waiver is to show that you are afraid of what would happen to you if you were returned to your country of origin. In order to establish your eligibility under this provision, consider the following:
· In your personal declaration, explain what would happen to you if you had to return to your country of origin. For example, if you have been a victim of domestic violence or sexual assault, describe the physical and psychological consequences of the abuse you have suffered; the impact of the loss of access to United States courts and criminal justice system; your ongoing need for social, medical, mental health, or other supportive services; the existence of laws, social practices, or customs in your country that would punish you or your children for having been a victim of abuse, leaving the situation, or taking actions to stop the abuse; your abuser’s ability to travel to the foreign country; the likelihood that the abuser’s family, friends, or others would harm you.
· If there are other people who know about what would happen to you if you had to return to your country of origin, you should present letters from these people.
JCS Immigration Law Office can help you through the removal of condition process. If you are interested in retaining our office, or if you have other questions, please feel free to contact us at (949)228-3922 or send your questions to jcs.attorney@gmail.com. We look forward to hearing from you.