Form I-751 Petition to Remove the Conditions on Residence

OMB No. 1615-0038; Expires 09/30/08

Instructions for I-751, Petition to
Remove Conditions on Residence

Department of Homeland Security
U.S. Citizenship and Immigration Services

Instructions
Please read these instructions carefully to properly complete this form. If you need more space to complete an answer, use a
separate sheet(s) of paper. Write your name and Alien Registration Number (A #), if any, at the top of each sheet of paper
and indicate the section and number of the item to which the answer refers.

What Is the Purpose of This Form.
This form is for a conditional resident who obtained such
status through marriage to petition to the U.S. Citizenship and
Immigration Services (USCIS) to remove the conditions on
his or her residence.

Who May File This Form I-751.
If you were granted conditional resident status through
marriage to a U.S. citizen or permanent resident, use this form
to petition for the removal of those conditions.
If you are still married, the petition should be filed jointly by
you and the spouse through whom you obtained conditional
status. However, you may apply for a waiver of this joint
filing requirement 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 and have
remained married, but have been battered or subjected
to extreme cruelty by your U.S. citizen or permanent
resident spouse; or
4. The termination of your status and removal would
result in extreme hardship.

Conditional Resident Children.
In Part 5 of the form, please make sure to include any
conditional resident children applying with you in order to
have their conditional basis removed, or they may file
separately. Please remember to provide their A-number.

When Should I File the Form I-751.
1. Filing jointly. If you are filing this petition jointly with
your spouse, you must file it during the 90 days
immediately before the second anniversary of the date you
were accorded conditional resident status. This is the date
your conditional residence expires.
2. Filing with a request that the joint filing requirement
be waived. You may file this petition at any time after
you are granted conditional resident status and before you
are removed.
3. Effect of not filing. If this petition is not filed, you will
automatically lose your permanent resident status as of the
second anniversary of the date on which you were granted
conditional status.

You will then become removable from the United States.
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 submit the application that the
delay was due to extraordinary circumstances beyond your
control and that the length of the delay was reasonable.

General Instructions.
Step 1. Fill Out the Form I-751
1. Type or print legibly in black ink.
2. If extra space is needed to complete any item, attach a
continuation sheet, indicate the item number, and date and
sign each sheet.
3. Answer all questions fully and accurately. State that an
item is not applicable with "N/A." If the answer is none,
write "NONE."
Translations. Any document containing foreign language
submitted to the Service shall be accompanied by a full
English language translation which the translator has certified
as complete and accurate, and by the translator's certification
that he or she is competent to translate from the foreign
language into English.
Copies. Unless specifically required that an original
document be filed with an application or petition, an ordinary
legible photocopy may be submitted. Original documents
submitted when not required will remain a part of the record,
even if the submission was not required.

What Initial Evidence Is Required?
Permanent Resident Card.
You must file your petition with a copy of your Permanent
Resident Card or Alien Registration Card, and a copy of the
Permanent Resident or Alien Registration cards of any of
your conditional resident children you are including in your
petition. Submit copies of both front and back sides of the
card.
Exception:
Those who reside overseas pursuant to military or
government orders, including conditional resident dependents
residing overseas and listed under Part 5 of the form, must
submit the following items with Form I-751:
1. Two passport-style photos for applicants and dependents,
regardless of age.
Form I-751 Instructions (Rev. 07/30/07) N

2. Two completed fingerprint cards (Form FD-258) for
applicants and dependents between the ages of 14
and 79. You must indicate your Alien Registration
Number (A#) on the fingerprint card and ensure that the
completed cards are not bent, folded, or creased. The
fingerprint cards must be prepared by a U.S. Embassy
or U.S. Consulate, USCIS Office, or U.S. Military
Installation.

If you are filing to waive the joint filing requirement
because your marriage has been terminated, also submit a
copy of the divorce decree or other document terminating or
annulling the marriage with your petition.

In order for USCIS to identify filings based on military or
government orders, applicants are required to indicate on top
of Form I-751, "ACTIVE MILITARY or
GOVERNMENT ORDERS", and submit a copy of their
current military or government orders.

A. Evidence of the physical abuse, such as copies of reports
or official records issued by police, judges, medical
personnel, school officials and representatives of social
service agencies, and original affidavits as described
under Evidence of the Relationship; or

Evidence of the Relationship.
Submit copies of documents indicating that the marriage
upon which you were granted conditional status was entered
in ''good faith'' and was not for the purpose of circumventing
immigration laws. Submit copies of as many documents as
you wish to establish this fact and to demonstrate the
circumstances of the relationship from the date of the
marriage to the present date, and to demonstrate any
circumstances surrounding the end of the relationship, if it
has ended. The documents should cover, but not limited to,
the following examples:

B. Evidence of the abuse, such as copies of reports or
official records issued by police, courts, medical
personnel, school officials, clergy, social workers and
other social service agency personnel. You may also
submit any legal documents relating to an order of
protection against the abuser or relating to any legal
steps you may have taken to end the abuse. You may
also submit evidence that you sought safe haven in a
battered women's shelter or similar refuge, as well as
photographs evidencing your injuries.

1. Birth certificate(s) of child(ren) born to the marriage.

C. A copy of your divorce decree, if your marriage was
terminated by divorce on grounds of physical abuse or
extreme cruelty.

2. Lease or mortgage contracts showing joint occupancy

and/or ownership of your communal residence.
3. Financial records showing joint ownership of assets and

joint responsibility for liabilities, such as joint savings and
checking accounts, joint federal and state tax returns,
insurance policies that show the other spouse as the
beneficiary, joint utility bills, joint installments or other
loans.
4. Other documents you consider relevant to establish that

your marriage was not entered into in order to evade the
U.S. immigration laws.

If you are filing to waive the joint filing requirement
because you and/or your conditional resident child were
battered or subjected to extreme cruelty, also file your
petition with the following:

If you are filing for a waiver of the joint filing requirement
because the termination of your status and removal would
result in ''extreme hardship", you must submit with your
petition evidence that your removal would result in hardship
significantly greater than the hardship encountered by other
aliens who are removed from this country after extended
stays. The evidence must relate only to those factors that
arose since you became a conditional resident.
If you are a child filing separately from your parent, also
submit your petition with a full explanation as to why you are
filing separately, along with copies of any supporting
documentation.

5. Affidavits sworn to or affirmed by at least two people who

have known both of you since your conditional residence
was granted and have personal knowledge of your
marriage and relationship. (Such persons may be required
to testify before an immigration officer as to the
information contained in the affidavit.) The original
affidavit must be submitted and also contain the following
information regarding the person making the affidavit:
his or her full name and address; date and place of birth;
relationship to you or your spouse, if any; and full
information and complete details explaining how the
person acquired his or her knowledge. Affidavits must be
supported by other types of evidence listed above.
If you are filing to waive the joint filing requirement due to
the death of your spouse, also submit a copy of the death
certificate with your petition.

Criminal History.
If you have ever been arrested or detained by any law
enforcement officer for any reason, and no charges were
filed, submit:
1. An original official statement by the arresting agency
or applicable court order confirming that no charges
were filed.
If you have ever been arrested or detained by any law
enforcement officer for any reason, and charges were filed, or
if charges were filed against you without an arrest, submit:
2. An original or court-certified copy of the complete
arrest record and/or disposition for each incident, (e.
g. dismissal order, conviction record or acquittal
order).

Form I-751 Instructions (Rev. 07/30/07) N Page 2

If you have ever been convicted or placed in an alternative
sentencing program or rehabilitative program (such as a drug
treatment or community service program), submit:
1. An original or court-certified copy of your sentencing
record for each incident, and evidence that you completed
your sentence, specifically;
A. An original or certified copy of your
probation or parole record, or
B. Evidence that you completed an alternative
sentencing program, or rehabilitative program
set aside, sealed, expunged or otherwise
removed from your record, submit:
2. An original or court-certified copy of the court order
vacating, setting aside, sealing expunging or otherwise
removing the arrest or conviction, or
3. An original statement from the court that no record exists
of your arrest or conviction.
NOTE: Unless a traffic incident was alcohol or drug related,

you do not need to submit documentation for traffic fines and
incidents that did not involve an actual arrest if the only
penalty was a fine of less than $500.00 and or points on your
drivers license.

Where to File.
If you live in Connecticut, Delaware, District of Columbia,
Maine, Maryland, Massachusetts, New Hampshire, New
Jersey, New York, Pennsylvania, Puerto Rico, Rhode Island,
Vermont, Virgin Islands, Virginia or West Virginia, mail your
petition to:
USCIS Vermont Service Center
75 Lower Welden Street
St. Albans, VT 05479-0001
If you live in Alabama, Arkansas, Florida, Georgia, Kentucky,
Louisiana, Mississippi, New Mexico, North Carolina,
Oklahoma, South Carolina, Tennessee or Texas, mail your
petition to:
USCIS Texas Service Center
P.O. Box 850965,
Mesquite, TX 75185-0965
If you live in Arizona, California, Guam, Hawaii or Nevada,
mail your petition to:
USCIS California Service Center
P.O. Box 10751
Laguna Niguel, CA 92607-0751
If you live elsewhere in the United States mail your petition to:
USCIS Nebraska Service Center
P.O. Box 87751
Lincoln, NE 68501-7751

NOTE: If you or your spouse are currently serving with or
employed by the U.S. Government, either in a civilian or
military capacity and assigned outside the United States, mail
your petition to the USCIS Service Center having jurisdiction
over your residence of record in the United States. Include a
copy of the U.S. Government orders assigning you and your
spouse abroad.

What Is the Filing Fee.
The filing fee for a Form is $465.00.
An additional biometric fee of $80.00 is required when filing
this Form I-751. After you submit Form I-751, USCIS will
notify you about when and where to go for biometric services.
You may submit one check or money order for both the
application and biometric fees, for a total of $545.00.
Use the following guidelines when you prepare your check or
money order for the Form I-751 and the biometric service fee:
1. The check or money order must be drawn on a bank or
other financial institution located in the United States
and must be payable in U.S. currency; and
2. Make the check or money order payable to U.S.
Department of Homeland Security, unless:
A. If you live in Guam and are filing your petition
there, make it payable to Treasurer, Guam.
B. If you live in the U.S. Virgin Islands and are filing
your petition there, make it payable to
Commissioner of Finance of the Virgin Islands.
C. If you live outside the United States, Guam, or the
U.S. Virgin Islands, contact the nearest U.S.
consulate or embassy for instructions on the
method of payment.
NOTE: Please spell out U.S. Department of Homeland
Security; do not use the initials "USDHS" or "DHS."
How to Check If the Fees Are Correct.
The form and biometric fees on this form are current as of the
edition date appearing in the lower right corner of this page.
However, because USCIS fees change periodically, you can
verify if the fees are correct by following one of the steps
below:
1. Visit our website at www.uscis.gov, select
"Immigration Forms" and check the appropriate fee;
2. Review the Fee Schedule included in your form
package, if you called us to request the form; or
3. Telephone our National Customer Service Center at
1-800-375-5283 and ask for the fee information.
NOTE: If your Form I-751 requires payment of a biometric
service fee for USCIS to take your fingerprints, photograph or
signature, you can use the same procedure to obtain the correct
biometric fee.
Form I-751 Instructions (Rev. 07/30/07) N Page 3

Address Changes.
If you change your address and you have an application or
petition pending with USCIS, you may change your address
on-line at www.uscis.gov, click on "Change your address with
USCIS" and follow the prompts or by completing and mailing
Form AR-11, Alien's Change of Address Card, to:

As an altenative to waiting in line for assistance at your local
USCIS office, you can now schedule an appointment through
our internet-based system, InfoPass. To access the system,
visit our website. Use the InfoPass appointment scheduler and
follow the screen prompts to set up your appointment.
InfoPass generates an electronic appointment notice that
appears on the screen.

Penalties.
U.S. Citizenship and Immigration Services
Change of Address
P.O. Box 7134
London, KY 40742-7134
For commercial overnight or fast freight services only, mail
to:
U.S. Citizenship and Immigration Services
Change of Address
1084-I South Laurel Road
London, KY 40744

Processing Information.
Acceptance. Any application that is not signed or
accompanied by the correct fee will be rejected with a notice
that the application is deficient. You may correct the
deficiency and resubmit the application. However, an
application is not considered properly filed until accepted by
USCIS.
Initial Processing. Once the application has been accepted, it
will be checked for completeness, including submission of
the required initial evidence. If you do not completely fill out
the form or file it without the required initial evidence, you
will not establish a basis for eligibility and we may deny your
application.
Requests for More Information. We may request more
information or evidence, or we may request that you appear
at a USCIS office for an interview. We may also request that
you submit the originals of any copy. We will return these
originals when they are no longer needed.
Decision. The decision on the Form I-751 involves a
determination of whether you have established eligibility for
the requested benefit. You will be notified of the decision in
writing.

If you knowingly and willfully falsify or conceal a material
fact or submit a false document with this Form I-751, we will
deny the Form I-751 and may deny any other immigration
benefit.
In addition, you will face severe penalties provided by law and
may be subject to criminal prosecution.

Privacy Act Notice.
We ask for the information on this form, and associated
evidence, to determine if you have established eligibility for
the immigration benefit for which you are filing. Our legal
right to ask for this information can be found in the
Immigration and Nationality Act, as amended. We may
provide this information to other government agencies. Failure
to provide this information, and any requested evidence, may
delay a final decision or result in denial of your Form I-751.

Paperwork Reduction Act.
An agency may not conduct or sponsor an information
collection and a person is not required to respond to a
collection of information unless it displays a currently valid
OMB control number. The public reporting burden for this
collection of information is estimated at 3 hours and 20
minutes per response, including the time for reviewing
instructions, completing and submitting the form. Send
comments regarding this burden estimate or any other aspect
of this collection of information, including suggestions for
reducing this burden, to: U.S. Citizenship and Immigration
Services, Regulatory Management Division, 111
Massachusetts Avenue, N.W., 3rd Floor, Suite 3008,
Washington, DC 20529. OMB No. 1615-0038. Do not mail
your application to this address.

USCIS Forms and Information.
To order USCIS forms, call our toll-free number at
1-800-870-3676. You can also get USCIS forms and
information on immigration laws, regulations and procedures
by telephoning our National Customer Service Center at
1-800-375-5283 or visiting our internet website at www.uscis.
gov.

Form I-751 Instructions (Rev. 07/30/07) N Page 4