Shihab Burke LLC Immigration Lawyers helps spouses file Form I-751 to remove the conditions on a two-year green card and receive a 10-year green card. Our Columbus I-751 lawyers handle joint filings by couples, waiver filings when a marriage has ended, and related interviews. From our offices in Columbus and Dublin, Ohio, we serve spouses and waiver applicants in the Columbus area, throughout Ohio, and across the United States.
Highlights
- A spouse whose marriage was less than two years old on the day the spouse became a permanent resident receives a two-year conditional green card.
- A couple filing together files Form I-751 during the 90 days before the card expires, about one year and nine months after conditional residence began.
- The I-751 receipt notice extends permanent resident status while the petition is pending.
- A spouse whose marriage has ended can often file alone with a waiver.
- Missing the deadline can end permanent resident status. A late filing may still be possible, but it needs prompt legal help.
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What Is Removal of Conditions?
Removal of conditions is the process of changing a two-year conditional green card into a 10-year green card. A spouse receives a conditional green card if the marriage is less than two years old on the day the spouse becomes a permanent resident.
To keep permanent resident status, the conditional resident must file Form I-751, Petition to Remove Conditions on Residence, with U.S. Citizenship and Immigration Services (USCIS).
Our Approach
Before we file, we review your entire case, including, for example, your evidence for the full conditional period, so you can secure your 10-year green card with confidence.
“My husband and I have been working with immigration since 2019. With the help of the firm, my husband received his conditional green card in the mail today.”
— Google review
Talk with a Columbus I-751 lawyer: 866-665-0001.
When Should Form I-751 Be Filed?
A couple filing Form I-751 together (a joint petition) must file during the 90 days before the conditional green card expires. That is about one year and nine months (21 months) after the spouse becomes a conditional resident. A joint petition filed too early is returned. Individual and waiver filings may be submitted earlier.
If the deadline is missed, USCIS may accept a late filing with a written explanation of good cause. Without a timely filing, permanent resident status can end, and USCIS may start removal proceedings in immigration court. A conditional resident who missed the deadline should contact a lawyer right away.
What Evidence Is Needed for Form I-751?
Form I-751 must usually show that the couple married in good faith, meaning for a real marriage and not only for immigration. This showing is not required for a petition based only on the extreme hardship waiver. Helpful evidence covers the full time since the conditional green card was approved:
- Joint lease, mortgage, or deed
- Joint bank accounts, credit cards, and tax returns
- Insurance policies naming the spouse
- Birth certificates of children born to the couple
- Photos together over time and travel records
- Sworn letters from people who know the couple
What Happens After Filing Form I-751?
- USCIS sends a receipt notice. The receipt notice, together with the green card, extends permanent resident status for 48 months past the card’s expiration date. The conditional resident can use these documents to work and travel.
- The conditional resident attends a biometrics appointment.
- USCIS may schedule an interview, especially if the evidence is limited or the couple has separated. Couples who live in the Columbus area are usually interviewed at the USCIS Columbus Field Office. Our attorneys represent clients at USCIS offices across the United States.
- USCIS decides the petition. USCIS may approve it and mail a 10-year green card, send a Request for Evidence, or deny it.
Can I Remove Conditions After a Divorce or a Spouse’s Death? (I-751 Waiver)
Yes, in many cases. If the U.S. citizen or green card holder spouse has died, the conditional resident may file Form I-751 alone. Filing after a spouse’s death does not require a waiver of the joint filing requirement.
In other cases, the conditional resident may file alone and ask USCIS to waive the joint filing requirement. A waiver may be based on:
- A marriage entered in good faith that ended in divorce or annulment
- Battery or extreme cruelty by the spouse
- Extreme hardship to the conditional resident if he or she were removed (deported) from the United States
For the divorce and abuse waivers, the conditional resident must show that the marriage was entered in good faith, meaning the marriage was real when it began. A conditional resident considering a waiver should talk to a lawyer before filing.
What Happens If Form I-751 Is Denied?
If USCIS denies Form I-751, conditional resident status ends, and USCIS usually issues a Notice to Appear, the document the government uses to start a case in immigration court. Depending on the reason for the denial, a motion to reopen or reconsider with USCIS, or a new petition with a waiver, may be possible. Learn more on our I-751 denial page.
Can I Apply for Citizenship While Form I-751 Is Pending?
Yes. A conditional resident may apply for U.S. citizenship when eligible, even if Form I-751 is still pending. Time as a conditional resident counts toward the residence requirement. USCIS usually decides the I-751 before or together with the citizenship application. Learn more about naturalization.
What Are the Government Fees for Form I-751?
We update this information regularly, but government filing fees have changed frequently in recent years. The amounts below are provided for general information only and should not be relied on for a filing. For every case we file, our office calculates the applicable government fees and informs the client of the exact amounts at the time of filing.
The government fee for removal of conditions is:
| Form or Service | Government Fee |
|---|---|
| Form I-751, Petition to Remove Conditions on Residence | $750 by mail; $700 online |
Current amounts are listed on the USCIS fee schedule (Form G-1055) and on the Department of State’s Fees for Visa Services page.
How Our Columbus I-751 Lawyers Help
Our attorneys handle joint and waiver I-751 cases. We:
- Confirm the filing window and calendar the deadline
- Organize evidence that covers the full conditional period
- Discuss the evidence with you and identify any gaps to address before filing
- Prepare waiver cases when the marriage has ended or in cases of abuse or hardship
- Respond to Requests for Evidence, at your request
- Prepare the couple, or the conditional resident alone, for the interview
Our attorneys represent clients at USCIS interviews at any USCIS office in the United States. For cases at any U.S. embassy or consulate, we prepare the relative for the interview and handle communication with the embassy.
We review every part of an I-751 case before filing. This includes, for example, the filing deadline, the evidence of your shared life for the full conditional period, any change in your relationship, and whether a waiver is needed. Because USCIS can now deny some cases without first asking for more evidence, a complete, well-supported filing helps reduce the risk of delays and surprises. Our goal is to help you keep your permanent residence and move forward with confidence.
Every family case is different. At the consultation, we review your situation, explain what our representation will cover, and quote a fee. Most cases are handled for a flat fee.
Frequently Asked Questions About Removal of Conditions
Can children be included in Form I-751?
Yes. Children who became conditional residents with the parent, or within 90 days after, can usually be included in the parent’s Form I-751.
Can I travel while Form I-751 is pending?
Yes. A conditional resident can travel using the green card together with the I-751 receipt notice that extends status. Travel after a long absence or with past immigration problems should be discussed with a lawyer first.
Is there an interview for Form I-751?
Sometimes. USCIS may approve Form I-751 without an interview when the evidence is strong. USCIS may schedule an interview when it needs more information, for example when the evidence is limited or the couple has separated. Our attorneys represent clients at I-751 interviews.
What if we are separated but not divorced?
Separation without a divorce or annulment can make an I-751 filing harder, and the waiver for a marriage that ended usually requires a final divorce or annulment. A lawyer should review the timing before filing.
How long does Form I-751 take?
Form I-751 processing often takes more than a year. The receipt notice extends permanent resident status for 48 months past the card’s expiration date while the petition is pending.
Related Videos and Articles
- Removal of Conditions for Spouses (article)
- Things to Consider After Your Green Card is Approved (article)
Talk With a Columbus I-751 Lawyer
Our Columbus office is at 4449 Easton Way #200, Columbus, OH 43219. Our Dublin, Ohio office is at 565 Metro Pl S #100, Dublin, OH 43017. Both offices are open by appointment only, Monday through Friday, 9 a.m. to 5 p.m.
Contact our Columbus or Dublin, Ohio office, or call 866-665-0001, to schedule a consultation in person, by phone, or by video conference.
