Petition to Remove the Conditions on Residence

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OMB No. 1615-0038; Expires 12/31/2010

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

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

Instructions
Read these instructions carefully to properly complete this form. If you need more space to complete an answer, use a
separate sheet of paper. Write your name and Alien Registration Number (A-Number), 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 U.S. Citizenship and
Immigration Services (USCIS) to remove the conditions on
his or her residence.

Who May File 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 have
dependent children who acquired conditional resident status
concurrently with you and entered the United States within 90
days of your arrival, then include the names and A-Numbers
of these children in Part 5 of this form in order to have their
conditional status removed. If you have dependent children
who acquired conditional resident status after 90 days from the
date of your adjustment or if the conditional resident parent is
deceased, then those dependent children must file Form I-751
separately to have their conditional status removed.
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 you 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.

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 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 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 a foreign language
submitted to USCIS must be accompanied by a full English
language translation that 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.
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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 (ANumber) 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
consulate, USCIS Office, or U.S. Military installation.
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.
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:
1. Birth certificate(s) of child(ren) born to the marriage;
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; and
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, submit a copy of the death
certificate with your petition.
If you are filing to waive the joint filing requirement
because your marriage has been terminated, submit a copy
of the divorce decree or other document terminating or
annulling the marriage with your petition.
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, submit:
1. 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; and
2. A copy of your divorce decree, if your marriage was
terminated by divorce on grounds of physical abuse or
extreme cruelty.
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 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,
submit a full explanation as to why you are filing separately,
along with copies of any supporting documentation.
Criminal History
If you have ever been arrested or detained by any law
enforcement officer for any reason, and no charges were
filed, submit 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 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).

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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:

What Is the Filing Fee?
The filing fee for a Form is $505.

A. An original or certified copy of your
probation or parole record; or

An additional biometric fee of $85 is required when filing
Form I-751. After you submit Form I-751, USCIS will
notify you about when and where to go for biometric
services.

B. Evidence that you completed an alternative
sentencing program, or rehabilitative program.

You may submit one check or money order for both the
application and biometric fees, for a total of $590.

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. If no record is available, 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 and/or points on your
driver's license.

Where to File?
If you live in Alaska, American Samoa, Arizona, California,
Colorado, Guam, Hawaii, Idaho, Illinois, Indiana, Iowa,
Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska,
Nevada, North Dakota, Ohio, Oregon, South Dakota, Utah,
Washington, Wisconsin, or Wyoming, mail your petition to
the California Service Center:
USCIS California Service Center
P.O. Box 10751
Laguna Niguel, CA 92607-1075
If you live in Alabama, Arkansas, Connecticut, Delaware,
Washington, D.C., Florida, Georgia, Kentucky, Louisiana,
Maine, Maryland, Massachusetts, Mississippi, New
Hampshire, New Jersey, New Mexico, New York, North
Carolina, Oklahoma, Pennsylvania, Puerto Rico, Rhode
Island, South Carolina, Tennessee, Texas, Vermont, Virginia,
U.S. Virgin Islands, or West Virginia, mail your petition to the
Vermont Service Center:
USCIS Vermont Service Center
75 Lower Welden St.
P.O. Box 200
St. Albans, VT 05479-0001
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.

NOTE: Each conditional resident dependent, eligible to be
included on the principal applicant's Form I-751 and listed
under Part 5 of Form I-751, is required to submit an additional
biometric services fee of $85, including dependents residing
overseas pursuant to military or Government orders,
regardless of age.
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, make it payable to Treasurer,
Guam.
B. If you live in the U.S. Virgin Islands, 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.
Embassy or consulate for instructions on the
method of payment.
NOTE: 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 Web site at www.uscis.gov, select "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
Form I-751 Instructions (Rev. 08/20/10) Y Page 3

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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.

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

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 Web site at www.
uscis.gov.
As an alternative 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 Web site. 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.

Accommodations for Individuals With
Disabilities and Impairments
USCIS is committed to providing reasonable accommodations
for individuals with disabilities and impairments.
Accommodations vary with the disability and/or impairment
and involve modifications to practices or procedures. For
example, if you are:
1. Unable to use your hands, you may be permitted to
take a test orally rather than in writing;
2. Hearing-impaired, you may be provided with a signlanguage interpreter for a USCIS-sponsored training
session; or
3. Unable to travel to a designated USCIS location for an
interview, you may be visited at your home or a
hospital.
If you believe that you, your spouse, and/or your child(ren)
need us to accommodate a disability and/or impairment, check
the appropriate "Yes" box(es) and then check any applicable
box(es) that describe(s) the nature of the disability(ies) and/or
impairment(s). Also, write the type(s) of accommodation(s)
you are requesting on the line(s) provided. If you are
requesting a sign-language interpreter, indicate which
language. If you need more space, use a separate sheet of
paper.
NOTE: All domestic USCIS facilities meet the Accessibility
Guidelines of the Americans with Disabilities Act, so you do
not need to contact us to request an accommodation for
physical access to a domestic USCIS office.
USCIS consider requests for accommodations on a case-bycase basis. Asking for an accommodation will not affect your
eligibility for the benefit.
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Penalties
If you knowingly and willfully falsify or conceal a material
fact or submit a false document with your Form I-751, we will
deny your 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, and 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 Products Division, 111 Massachusetts
Avenue, N.W., 3rd Floor, Suite 3008, Washington, DC
20529-2210. OMB No. 1615-0038. Do not mail your
application to this address.

Form I-751 Instructions (Rev. 08/20/10) Y Page 5