Removal of Conditions on Residence: Jointly Filed Form I-751

Apr 17

If you received a 2-year conditional green card through marriage to a U.S. citizen or lawful permanent resident, you are required to remove the conditions on your residence before it expires. The process is completed by filing Form I-751, Petition to Remove Conditions on Residence.

In this article, we’ll explain what a jointly filed I-751 means, when to file it, what documents you need, and what happens after you submit your petition.

📅 What Is a Jointly Filed I-751 Petition?

A jointly filed Form I-751 means that both you—the conditional resident—and your spouse are signing and submitting the petition together, confirming that your marriage is bona fide (real and ongoing).

This is the standard procedure when the marriage is still intact at the time of filing.

⏰ When Should You File Form I-751?

USCIS requires you to file Form I-751 within the 90-day window before your conditional green card expires.

Filing too early may result in rejection.
Filing late could lead to termination of status and even removal proceedings unless you show “good cause and extenuating circumstances.”

Example:
If your green card expires on August 1, 2025, you can file the I-751 between May 3, 2025, and August 1, 2025.

📑 What Documents Should Be Submitted?

USCIS wants proof that your marriage is real and not entered solely for immigration purposes. Include documents showing a shared life together, such as:

Joint lease or mortgage
Utility bills in both names
Joint tax returns
Bank accounts or credit cards together
Birth certificates of children (if any)
Photos together with family and friends
Travel records and flight tickets
Affidavits from family and friends (Form I-751 allows these)

👉 Tip: Quality is more important than quantity. Documents showing long-term financial and personal interdependence are especially helpful.

👩‍⚖️ What Happens After Filing?

Once USCIS receives your jointly filed I-751:

You will receive a Receipt Notice (Form I-797) extending your green card status for up to 48 months while the petition is pending.
You may be scheduled for biometrics (fingerprints).
In some cases, USCIS will waive the interview. In others, you may be called for a joint interview to verify your marriage.
If approved, you will receive a 10-year green card.

❗What If You're Divorced or Separated?

If your marriage has ended or you’re no longer able to file jointly with your spouse, you may still qualify for a waiver of the joint filing requirement, but the process is different. It requires additional documentation and explanation.

👉 If you're in this situation, we highly recommend speaking with an experienced immigration attorney to guide you.

⚖️ How an Immigration Attorney Can Help

Filing Form I-751 correctly is crucial to preserving your permanent resident status. Mistakes or weak evidence can result in delays—or worse, denial and referral to Immigration Court.

At Goxhaj Law Firm PLLC, we have helped countless clients prepare strong I-751 filings. Whether you're filing jointly or need a waiver, our team is ready to help you navigate this important process with confidence.

📞 Need Help with Your I-751 Filing?

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