If you were granted conditional resident status through marriage to a U.S. citizen or lawful permanent resident, use Form I-751, Petition to Remove Conditions on Residence, to file for the removal of those conditions.

If you are still married, file Form I-751 jointly with your spouse through whom you obtained conditional status. However, you may file Form I-751 without your spouse if:

1. You entered the marriage in good faith, but your spouse subsequently died;

2. You entered the marriage in good faith, but the marriage was later terminated due to divorce or annulment;

3. You entered the marriage in good faith, but you have been battered or subject to extreme cruelty by your petitioning spouse; or

4. Your conditional resident parent entered the marriage in good faith, but you have been battered or subject to extreme cruelty by your parent’s U.S. citizen or lawful permanent resident spouse or by your conditional resident parent; or

5. The termination of your status and removal from the United States would result in extreme hardship.

 

When Should I File Form I-751?

1. Filing jointly. If you are filing this petition jointly with your spouse, you must file it during the 90-day period immediately before your conditional residence expires.

2. Filing with a request that the joint filing requirement be waived or individually filed. You may file Form I-751 without your spouse if they are deceased, you are divorced, or you and/or your conditional resident child were battered or subjected to extreme cruelty. You may file this petition at any time after you are granted conditional resident status and before you are removed from the United States.

3. Effect of not filing. If this petition is not filed, you will automatically lose your permanent resident status two years from the date on which you were granted conditional status. You will then become removable from the United States.

 

SPECIAL NOTE: If your failure to file was through no fault of your own, you may file your petition late with a written explanation and request that USCIS excuse the late filing. Failure to file before the expiration date may be excused if you demonstrate when you file the petition that the delay was due to extraordinary circumstances beyond your control and that the length of the delay was reasonable.