Form I-751 is used by an individual who obtained status through marriage in order to apply to remove the conditions on his or her residence placed by USCIS. The filing fee is $505. There is a biometric fee of $85 bringing the total cost of the application to $590.

After marrying a U.S. citizen or Legal Permanent Resident, the spouse with “legal status” usually petitions for their wife or husband to adjust their status to that of a Legal Permanent Resident (LPR). After appearing for an interview at USCIS, the beneficiary (the individual seeking residency status) may be approved as an LPR.  Their residency will be “conditional” until they fulfill certain requirements.

Removing Conditions:

Ninety days before their second wedding anniversary, the couple must apply to USCIS to “remove the conditions.”  If the beneficiary (i.e. “immigrant”) does NOT apply to remove their conditions or does not show up to their “I-751 interview,” they will automatically lose their legal residency status and may be placed in deportation proceedings.

If You Are Divorced Before Your 2nd Anniversary:

If you and your spouse divorce prior to the deadline to file Form I-751, you may request to move forward on your case via what is known as a “I-751 waiver.”

The beneficiary must file an amended /revised I-751 application along with a certified copy of the original judgment of divorce along with evidence that you and your spouse entered the married “in good faith.”

If your spouse has passed away or you are the victim of abuse, you may also submit a revised I-751 application along with the necessary supporting documents.

Gathering the evidence needed to satisfy the USCIS of the “bona fides” of your marriage is a stressful, often times confusing process.  It is best to retain a qualified attorney to advise and assist you in the process of removing the conditions on your residency.

The Law Office of Susan N. Rosti, Esq. has the experience you need plus a proven track record in representing immigration, deportation and related legal cases. Attorney Rosti specializes in this area of law and understands that an individual needs a lawyer to explain their options clearly and assist them in achieving the best resolution possible. Call The Law Office of Susan N. Rosti, Esq. today at 973.883.5977 to schedule a consultation today if you are facing immigration and / or deportation issues and need representation.