I-751 CONDITIONAL GREEN CARD PETITION TO REMOVE CONDITIONS
If you were granted a conditional 2 year green card by the USCIS because you were married less than two years at the time of your green card interview, you probably already know that you must file an I-751 Petition before your two year I-551 card (conditional green card) expires.
A new marriage is hard enough, no matter what age you are.
Add cultural differences and children from previous marriages and although rewarding, the relationship takes work.
Do I file the I-751 Petition 90 days Before my Two Year Green Card Expires?
You can file your I-751 Petition UP TO 90 days prior to the expiration date on the two year conditional green card, but it must be received by the USCIS no later than the expiration date on your two year conditional green card.
Avoid the second green card I-751 interview by doing an excellent job attaching your “proof of living together evidence” that covers not only the two years period that you have the conditional green card, but also covers the period of time you have been together. Do not assume that the USCIS immigration officers have access to the evidence you initially submitted at your marriage green card interview.
NEED I-751 WAIVER BECAUSE SEPARATED OR DIVORCED?
“I was astounded to find my I-751 approval letter in the mail. We are very blessed it got approved so fast without an interview and even before my 2 year conditional green card expires! I am flying to DC Wednesday to join my husband as he is there on temporary duty. . . [two days later] . . . Can you believe I got my 10 year green card today!! So blessed!!
Thank you sooooo much for all your help with us. Its been a great blessing to have your excellent prompt professional services. Always happy to keep recommending your services to others in the military. My husband and I are so excited!!”
Cheers, C + M in Arizona, July 2011 (originally from Australia)
How Do I Research the Legal Standard for I-751 Documents?
There are hundreds of IMMIGRATION JUDGES’ DECISIONS decisions and official USCIS Memorandum concerning how many and what types of documents meet the legal standard for an I-751 Petition that us immigration attorneys must read and regrettably, because each case is different, there is no list of marriage documents that will fit every case.
So, what is the basic Legal Standard for I-751 Documents?
“whether substantial evidence supports a finding by clear and convincing evidence that a couple intended to establish a life together at the time they were married”
What If We are Separated?
Unfortunately, the U.S. government only gives the foreign national in this situation two choices: either file the I-751 Petition as “married” or file the I-751 Petition as “divorced.” The only exception to this rule is when there is domestic violence in the marriage. In other words, the I-751 Petition cannot be filed as “separated” or “taking a break” or having a ”trial separation.” Unless the domestic violence exception applies, to successfully get a ten year I-551 marriage green card granted, the couple either has to be still married (and living together) or officially divorced in order to get the first or second I-751 Petition approved.
When an I-751 Petition applicant is divorced, sufficient evidence that he/she had a real marriage (in the beginning of the marriage) must still be submitted with the I-751 Petition. Many aspects of the marriage will still be taken into consideration by the Immigration Officers.
“Danielle, thank you sooo much for all of your hard work and efforts in helping me get my 10 year permanent residence card! It arrived in the mail yesterday and I could not be happier! Thanks again! I’m so happy!”
M.S. from Australia, 2011, living legally in Washington
“I just checked my mail today, and I was surprised because I got my 10 year green card in the mail. I can’t stop thanking you who helped me through all the immigration processes. Me and my daughter are very grateful for everything that you have done. I will definitely recommend you to my friends that need help with their I-751 immigration case. May God continue to bless you.”
K.K. from South Africa, 2012, living legally in Arizona
Attorney Nelisse no longer handles I-751 matters (only marriage green cards and work visas for professionals) but keeps this blog article online in case it is helpful.