Vincent Martin

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Practice Areas

• Family Law

• Criminal Defense

• Immigration

• Asbestos

• Employment Law

Professionals

• Joyce L. Cundy

• Kent Gravelle

• Vincent P. Martin

• Cynthia Miller

• Jamie Vicha

• Kathleen Hauser

About C&M

1125 Wells Fargo Plaza
7900 Xerxes Avenue S.
Bloomington, MN 55431
Phone: 952-746-4111
Fax: 952-746-4112

I-751 Petition to Remove the Conditions on Residence

If you received your green card through marriage and it has a two year expiration date, this means that you have conditional permanent residence.  You must file a Form I-751 application with U.S. Citizenship and Immigration Services (USCIS) to remove the conditions on your residence so that you can get a ten year green card.  The form must be filed during the 90 days immediately before your card expires.

Usually, couples file this form jointly or together because the purpose of the form is to show USCIS that you are still together as husband and wife.  If the form is not filed on time, your immigration status will automatically expire by law and you will be out of status – illegal.

When filing the application, you need to include documentary evidence of your relationship.  This should include photos, joint financial documents, and at least two statements or affidavits from people who know you and your spouse.  In addition to the filing fee, you must also include two passport style photos.

“What if I am divorced?”

If you are divorced from your U.S. citizen husband or wife, you must still file the I-751.  USCIS may still approve it if they are convinced that you married in good faith and that there was no marriage fraud.  USCIS can also approve the application if you were abused during the marriage.  In either case, if you are in this situation, it is highly recommended that you hire an immigration lawyer.  There is too much at stake to go it alone.

“Can I still work and travel?”

If you file your application on time and UCIS accepts your petition, it will automatically renew or extend your status for one year while your case is pending.  This will allow you to work and travel. 

This article is a general overview of the I-751 process and anyone with any questions about their case should hire an immigration lawyer.  The consequences of a denied petition can be devastating, so good legal counsel is well worth the cost.

Our office is located in Minnesota and our immigrant lawyers can help with your case regardless of where you are located.  You may contact us at vmartin@cundyandmartin.com or 952-746-4111 for more information.