After Filing Form I-751 to Remove Conditions on Residence

Conditional residents, to remove conditions on their Green Cards should file Form I-751, Petition to Remove the Conditions of Residence and the immigrant spouses of US citizens who have been living in America as conditional residents for the past two years must file this petition, to become lawful residents of the country.

You may file Form I-751 if your conditional card will expire within the next three months and you must not file it too early in advance. You must file this petition along with your spouse and the applicants who are granted waivers of the joint filing requirement alone will be permitted to file this petition by themselves.

After you properly file Form I-751, the service center will assign a receipt number for your petition and it will send you an application receipt notice, Form I-797, Notice of Action. This notice will be sent only if the USCIS accepts your petition and your lawful status in America will be extended for a year during that one year period, you can work and travel within the United States and abroad and you will receive that receipt notice within three weeks from the date of filing your petition.

You need to keep that application receipt notice safe as you may use that document to prove that your status has been extended, after filing Form I-751. This extension letter will allow you to travel abroad and accept employment in America even after the expiration of your conditional Green Card but remember that this receipt notice will be valid only for one year.

Later, you will receive a biometrics appointment notice and you will have to visit the specific application support center and get fingerprinted, on the specified date. After the biometrics appointment, you will be called for an interview and you and your U.S. citizen spouse will have to appear for that Green Card interview together.

But all the applicants who apply to remove conditions on their Green Cards may not be required to report for interviews and it depends on the applicants. You may not be required to appear for an interview if the USCIS officers believe that your marriage is genuine. If they find that your marriage evades the immigration laws and that you have been involved in marriage fraud, you will be required to appear for an interview.

If an interview is not required, you will receive the decision by mail and a ten-year Green Card will be mailed to you, but you may not receive a Green Card immediately and you will have to wait for at least one year after submitting biometrics information. USCIS will decide on your case after the interview if an interview is required in your case.

After adjudicating your petition and after reviewing your documents, USCIS will decide on your case and send you its decision by mail and you will receive a letter from the USCIS with reasons for denial if your petition is denied. Application processing times vary and you may check the USCIS website for information on processing times.