I-751 Green card removal of conditions

Who is a conditional permanent resident?

Conditional permanent resident (CPR) status is the immigration status given to an immigrant who has applied for their green card within two years of getting married to a United States citizen or lawful permanent resident. The immigrant spouse will be a conditional resident for two years from the time he or she receives conditional residence. A conditional resident has the same rights as a lawful permanent resident. A conditional resident can live and work freely in the United States, and can travel in and out of the United States.

How are the conditions on residence removed?

A conditional permanent resident (CPR) must file Form 1-751 with supporting evidence and the correct filing fee to remove the conditions on his or her residence within the 90-day period immediately before two (2) year anniversary of the date on which he or she obtained permanent residence. USCIS may waive the need to file within 90 days under certain rare circumstances.

Normally the CPR and the CPR’s spouse who filed the original immigrant visa petition Form I-130 or fiancé (e) petition Form I-129F through which the CPR obtained permanent residence will file a Petition to Remove the Conditions on Residence Form I-751 with USCIS. Both the CPR and the CPR’s spouse must sign the form unless the CPR can get an I-751 waiver.

If USCIS Service Center Director is satisfied from the petition and supporting documents that the marriage is in good faith and not for the purpose of evading U.S. immigration laws, he or she may waive an interview with the couple. If not the Director may schedule an I-751 interview or start a marriage fraud investigation if he or she believes the marriage was for the purpose of getting a green card.

If the director approves the joint petition he or she will give written notice of the decision (I-797C, Notice of Action) to the CPR and an appointment notice (I-797C, Notice of Action) to with a specific time, date and place to capture your fingerprints, photo and signature at a local USCIS Application Support Center (ASC) for processing of a new Permanent Resident Card (the 10 year green card). The CPR must  then surrender any Permanent Resident Card previously issued.

Can I include my dependent children on the I-751 petition?

Dependent children of a conditional permanent resident granted conditional permanent resident status on the same date or within 90 days after their immigrant parent received CPR status (Form I-485 approved or admission using the Immigrant Visa) may be included in the joint petition filed by the parent and the parent’s petitioning spouse.

Children who cannot be included in a joint petition filed by their CPR parent and the parent’s petitioning spouse due to the child’s not having acquired conditional resident status on the same date or within 90 days after the parent received CPR status, the death of the parent, or other reasons may file a separate Form I-751 Petition to Remove the Conditions on Residence.

To make sure each conditional resident child receives an I-751 fee receipt (I-797C, Notice of Action) documenting an extension of conditional resident status for one year, there is no bar on filing Form I-751 for each child if the parent wishes. But the Form I-751 filing fee will apply, unless a fee waiver is granted.

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About Gary Goodin

US immigration and naturalization lawyer Gary Goodin provides compassionate and professional legal advice and representation in immigration and citizenship cases from his law office in Las Vegas Nevada. His practice area includes marriage green cards, k1 visas, naturalization, and citizenship. To learn more about Gary Goodin visit the home page of this green card and US immigration law blog. More information is also available at www.immigrationlasvegas.com/immigration-attorney/.
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19 Responses to I-751 Green card removal of conditions

  1. LaDoy says:

    I have a question. My wife came to USA in Sept 2008. Her son entered the USA on April 2009. My wife filed to remove conditions and was approved w/o interview. I filed a seperate petition for her son and recieved, after 8 monts, a notice for an interview. Her son is 15 years old and I do not know why he needs to go for an interview. What could be the reason for his interview? What kind of questions will they ask?

    thanks

    • Gary Goodin says:

      Hi LaDoy,

      I appreciate your concern about the interview for your stepson.

      The reasons generally for interviews of this type are to

      1. review the approved petition and resolve any potential problems in the pre-interview review (in-admissibility issues)
      2. review the information in the adjustment of status application and confirm that they are correct
      3. satisfy any doubts about the family relationship

      You should bring with you the originals of the documents you submitted with the adjustment of status application along with updated employment information. Only offer if asked.

      His mother should accompany him to the interview. Some interviewers like to see a family resemblance especially when a minor child is involved.

      If you are feeling uncomfortable and want preparation please consult an immigration attorney near you who can review your documentation for any potential issues.

      Good luck!

      Thanks for connecting,

      Gary Goodin

  2. LaDoy says:

    Thanks Gary. I have another question. My wife and 2 year old son are currently in Thailand dealing with some family issues with her elderly mother, renewing her passport, doing some legal stuff for the house we have in BKK since we finally paid it off and will visit Korat where her father was from. She wont be back to USA till January 26, 2012. Since this petition was a seperate petition than his mom’s petition and her name is not mentioned on the I-751 form anywhere, will it kill the interview if she is not there? Also, my mother is going to go with us to the interview since she has known my son since 2006 when me and my wife got married and since she met him for the first time in 2007 when they visited USA. Is that a positive and do you have any idea what specific questions will be asked?

    • Gary Goodin says:

      Hi LaDoy,

      Sounds like you are saying his mother cannot accompany him at the interview.
      And that the interview will take place before she returns to the US.
      And that this interview is an adjustment of status interview following the filing of an I-485 Form for your stepson.

      You wrote,”Since this petition was a seperate petition than his mom’s petition and her name is not mentioned on the I-751 form anywhere. . . ”

      Please verify the name of the form on which your wife’s name/information was not included.

      Thank you.

      Gary Goodin

  3. LaDoy says:

    Yes sir,

    My wife came to USA on a I-130 and recieved a 2 year green card. We filed the I-751 and she was approved w/o an interview for her 10 year green card which she recieved in December 2010. her son entered USA in April 2009, 8 months after his mother and he was given a 2 year green card. His I-130 was behind his mothers and his initial interview in Bangkok in febuary 2009. His green card expired in April 2011. We filed the I-751 for him on a seperate petition from his mothers. We initially added him to his mothers I-751 and was told since he entered later, he would have to file a seperate I-751. We filed the I-751 in February 2011 and went for biometrics in April 2011. He recieved a notice for interview a week ago and the appointment is for January 5, 2012. I did not add his mother’s name to the petition when I sent it in and I sent in numerous school documents from Kentucky, his mothers information, tax documents, marriage documents, pictures, affidavits from school and several clippings from the local newspaper showing him on the principals list and good grades. I am just concerned since his mother is in Thailand and will miss the interview will this screw up anything?

    Thanks sir

    • Gary Goodin says:

      Thanks for the clarification LaDoy!

      So your stepson acquired conditional resident status more than 90 day after your wife(his mother). And for that reason he could not be included in the joint I-751 petition filed by his mother and you and had to file a separate petition. USCIS approved the joint I-751 petition for your wife without an interview. But in your son’s case USCIS requires him to attend an interview. And you have a concern about it especially since his mother is away in Thailand and will not return in time for the interview.

      Matters dealing with minor children are often treated with greater sensitivity and an interview should allow the service to clear up any doubts from the petition or from its own checks.

      Inquiry could related to the following

      1. The child’s name and date of birth

      2. The child’s address

      3. The United States Citizenship of the Parent (Step-parent) through whom the child gained conditional residency

      4. The child’s permanent resident status (Permanent Resident Card, Form I-551) – verification of validity

      5. The stepchild-step parent relationship – school records, tax returns listing your stepson as a dependent, health insurance records, etc.

      6. The marriage to the child’s mother

      7. Inadmissibility issues (e.g. failure to file Change of Address AR-11).

      Along with the Appointment Notice, bring the originals of any documents submitted to USCIS and any more evidence you have. To be on the safe side, also bring the documents submitted for your wife’s petition and the Notice of Removal.

      But do not offer the originals or further evidence to the interviewer unless the interviewer asks you to do so.

      Having your wife there would have been more comforting but things are what they are. Your mother may be helpful. But do not answer any questions directed to your son unless the interviewer gives permission to answer.

      To prepare, carefully review the answer to each question (including N/A) on the petition item by item and decide if the information is correct and if you have evidence to support each answer. Do a review with your son.

      I hope this information* is helpful to you and that I have answered your questions. Please consult a lawyer in your local area who is familiar with the operations of the local USCIS office.

      Let me know the result. Thank you and good luck.

      Gary Goodin

      *Disclaimer – This information provided here is of a general nature and may not be applied to any specific or particular circumstances. It is not to be construed as legal advice nor presumed to be indefinitely up to date.

  4. LaDoy says:

    Will they allow us to be in the same room for the interview at the same time? In 2007 and when my son 1st entered the US they used my Mom’s address in Kentucky until they were established at the lAcenter address. I honestly forgot to do the change of address for my son to the new address. It is only 3 miles from my Mom’s house. Will this be a problem? Should I go online and chage his address now and bring that with me? I hope I have not screwed this up.

  5. LaDoy says:

    I am not sure if my last comment posted.

    I honestly forgot to do the address change for my son. When him and my wife 1st visited in 2007 the visa had my mothers address and they stayed with her at that address for 6 weeks till they returned to Thailand. When he 1st came to USA in April 2009 the I-130 had my mothers address on it. He has livead at his current address since April 2009. This address is 3 miles from my mother. I hope my mistake has not caused an issue that will cost him his green card.

    • Gary Goodin says:

      LaDoy,

      As a parent myself, I admire your care and concern for your son.

      Sounds as if you are saying that on the I-130 your son’s intended address was your mothers address, but when he was admitted to the United States his real address was his current address. And before this he merely visited at your mothers address on a visit from Thailand.

      The change of address is unlikely to be an issue.

      Though foreign nationals in the United States must register their change of address with USCIS, your son was not required to do so before his admission into the United States in April 2009. And since April 2009 when he was admitted he has not had a change of address and was not required to do so.

      About the interview procedure at your local USCIS office, please consult a local immigration attorney because practices vary by location. But I would be very surprised if you are not in the same room.
      See the interview as a conversation in which you assist a very busy person (the interviewer) to understand your case. However do not attempt to answer unless a question is directed to you or you have first asked permission to answer and the interviewer allows you to do so.

      Thanks for connecting,

      Gary Goodin

      Disclaimer – This information provided here is of a general nature and may not be applied to any specific or particular circumstances. It is not to be construed as legal advice nor presumed to be indefinitely up to date.

  6. LaDoy says:

    Just another comment. The address I put on the I-751 petition and where all the mail from the USCIS comes from is the current address my son resides at. I talked to USCIS today and they said that this would be the address on file…I am confused.

  7. LaDoy says:

    Well, the interview went well. They called me to the office 1st w/o my son. The interview was basically based on my past marriages and a previous visa application for a fiancee that never was completed. The Kuwait consulate was supposed to cancel this one in 2008, but maybe they didnt get around to it. I answered the questions honestly about my marriage and the past application and a couple other questions like where my son goes to school and where we wile and then they asked my son where he lived, what school he goes to and then we were done and the interviewer stated there was no issues he could see and stated the green Card would be coming in 2-3 months.

  8. celia says:

    Question about the I-751. I just filed it to remove my conditional resident status and I put my children’s name in section V, as it states in the instructions. Well, I have received the notice of action stating receipt of my petition and my biometrics appointment. Nothing for my 7 year old children who got the conditional residence on the same day as I did. Should I have gotten a letter stating that they are included in the petition and biometric appointments for both of them? Thanks in advance for your reply!

    • Gary Goodin says:

      Hi Celia,

      Congratulations on reaching an important milestone in your life as a permanent resident of the United States.

      Biometric processing is conducted for criminal and other background checks and to verify identity.

      DHS’s policy is to only do biometrics processing on applicants between the ages of 14 and 79.

      Nevertheless you had to include an extra biometric fee for $85 for your 7-year-old son for the I-751 to be properly filed for him.

      Good luck on getting your cards.

      Regards,

      Gary Goodin, Esq.

  9. LaDoy says:

    Timeline:

    Wife enters USA on 9/6/2008 Gets green card
    lives with me in Kuwait until April 2009
    Enters USA again on April 2009 and has been living in USA ever since that time
    wife father pass away August 2010 – wife goes to Thailand for 30 days and comes back to USA
    Wife goes on Vacation to thailand 11/28/2011 and comes back to USA on 01/26/2012

    When is she eligible to apply for citizenship?

    • Gary Goodin says:

      Hi Ladoy,

      If you have been a US citizen from the time your wife obtained Permanent Residence she may apply for naturalization today if she satisfies the other US citizenship requirements.

      The reason is that she is within ninety (90) calendar days of completing BOTH 3 years of permanent residence and 3 years of continuous residence. She did not break continuous residence based on her 30 day trip to Thailand but may have broken or disrupted continuous residence when she lived with you in Kuwait. That matter however is moot because the good news for her is that she has later accumulated qualifying continuous residence since April 2009.

      Please read my article about US Citizenship requirements and the resources at the bottom of the page that many people find useful. http://www.immigrationnavigator.com/requirements-citizenship/.

      Kind Regards,

      Gary Goodin

  10. Meenu says:

    Dear Gary,

    Your blog is extremely helpful.

    This is a question very similar to Celia’s. I put in my son’s name in the section V as a dependent on I 751. I received a notice for BIOMETRICS in the receipt from USCIS. However, I have received nothing for my son, who is now 14 (turned 14 on March 19th, and the I filed I-751 on 4/9/12)Do I need to schedule an appt for that/call them, as you said that background checks are done from 14-79 y/o age?

    Thanks for your help.

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