Foreign nationals who get married to US citizens and Green Card holders, will initially be granted two year conditional Green Cards. A conditional Green Card issued to the spouse of a US citizen, who holds a K1 visa, cannot be renewed. And the conditional Green Card holder may not be able to remain in America, after the card expires and may be deported from the country. To avoid deportation, the conditional Green Card holder must file Form I-751, to remove conditions on her Green Card, 90 days before the conditional status expires.
File Form I-751 to Remove Conditions on Your Green Card
If you hold a conditional Green Card, you will have to file the USCIS Form I-751, Petition to Remove Conditions on Residence, to remove conditions and to get a new 10 year Green Card. You need not file this application too early in advance and petitions filed too early may not be considered. Remember the date of expiration of your conditional Green Card and file a petition to remove conditions, 90 days ahead of the date of expiration of your card. Similarly, you may not be able to file this form by yourself and the USCIS will accept your petition only if you file it along with your US citizen or your permanent resident spouse.
Who can file Form I-751 online?
Form I-751, may be filed online and you may also choose to complete and file the paper version of this form. However, filing this form online is easier. You can follow the step by step instructions and file the form online. If your children were also granted conditional status, while you received your conditional Green Card, you may include their names in your application. But remember that you will have to file separate applications for your children, if they were granted conditional status after you.
You can file this form online, even if you are currently not living with your spouse. If your spouse died or if your marriage was terminated, you may not be required to file this form jointly with your spouse. Similarly, if you are still married to the US citizen or the permanent resident spouse and if you have been abused by your spouse, you may be allowed to file this form by yourself, if you prove that your removal from the United States will result in extreme hardship. In such cases, you will have to submit few supporting documents such as, divorce certificate, medical certificate or death certificate, along with your petition to remove conditions.
You may also file Form I-751, while outside the United States. But you need to appear for an interview with an immigration officer, along with your US citizen or permanent resident spouse, in the United States.
After filing Form I-751
Your petition will be accepted only if it is complete and you will be allowed to remain in America, until the USCIS adjudicates your petition. Your new 10 year Green Card will be mailed to your mailing address, if the USCIS approves your petition and finds that you are eligible for lawful status in America. You will receive a letter from the USCIS, with reasons for the denial of your application, if your application is not approved.