I751-INS-Rev-30Day-10012019

Petition to Remove the Conditions on Residence

I751-INS-Rev-30Day-10012019

OMB: 1615-0038

Document [pdf]
Download: pdf | pdf
Instructions for Petition to Remove Conditions on Residence
Department of Homeland Security
U.S. Citizenship and Immigration Services

USCIS
Form I-751

OMB No. 1615-0038
Expires 12/31/2019

What Is the Purpose of Form I-751?
This petition is used by a conditional permanent resident who obtained status through marriage to a U.S. citizen or lawful
permanent resident (or through his or her parent’s marriage to a U.S. citizen or lawful permanent resident), to request that
U.S. Citizenship and Immigration Services (USCIS) remove the conditions on his or her residence.

Draft
Not for
Production
10/01/2019

Who May File Form I-751?

If you were granted conditional permanent resident status through marriage to a U.S. citizen or lawful permanent resident,
use Form I-751, Petition to Remove Conditions on Residence, to request the removal of those conditions.
If you have children who acquired conditional permanent resident status on the same day as you or within 90 days
thereafter, then you may request that the conditions on your child’s residence also be removed on your petition.
If you are a child who did not obtain conditional permanent resident status on the same day as your conditional permanent
resident parent or within 90 days after your conditional permanent resident parent, or you are a child of a conditional
permanent resident parent who is deceased, then you must file your Form I-751 jointly with your stepparent or request that
the joint filing requirement be waived or individually filed.
NOTE: A conditional permanent resident child must either be included on his/her parent’s Form I-751 or file his/her own
Form I-751. This holds true even if the child has turned 21 or has subsequently married.
If the marriage upon which you obtained conditional permanent resident status still exists, then file your Form I-751
jointly with your spouse or stepparent through whom you obtained conditional status.
You may file your Form I-751 without your spouse or stepparent, if any of the following apply:

1.	 Your marriage or your conditional permanent resident parent’s marriage was entered in good faith, but your spouse or
stepparent subsequently died;
2.	 Your marriage or your conditional permanent resident parent’s marriage was entered in good faith, but the marriage
was later terminated due to divorce or annulment;
3.	 Your marriage was entered in good faith and, during the marriage, you or your child were battered or subjected to
extreme cruelty by your U.S. citizen or lawful permanent resident spouse;
4.	 Your conditional permanent resident parent entered the marriage in good faith and, during the marriage, you were
battered or subjected to extreme cruelty by your U.S. citizen or lawful permanent resident stepparent or by your
conditional permanent resident parent; or
5.	 The termination of your status and removal from the United States would result in extreme hardship.

Conditional Permanent Resident Status
Your conditional permanent resident status expires two years after you become a conditional permanent resident. Your
Form I-551, Permanent Resident Card (also known as your Green Card), is valid for a period of two years after you
became a conditional permanent resident and the expiration date is listed on your card.

Form I-751 Instructions 12/05/17 

Page 1 of 12

NOTE: As a conditional permanent resident, you cannot file Form I-90, Application to Replace Permanent Resident
Card, to renew your Permanent Resident Card once it expires. You must file Form I-751 to remove the conditions on your
residence.

When Should I File Form I-751?
1.	 Filing jointly. If you are filing this petition jointly with your spouse (including any dependent children listed on your
petition), you must file Form I-751 no earlier than the 90-day period immediately before your conditional permanent
resident status expires. If you are filing this petition jointly with your stepparent, you must file it before your
conditional permanent resident status expires.

Draft
Not for
Production
10/01/2019

2.	 Filing individually or request that the joint filing requirement be waived. If you are filing this petition without
your spouse or stepparent, you may file this petition at any time after you are granted conditional permanent resident
status but before you are removed from the United States.
3.	 Effect of not filing. If this petition is not filed, you will lose your permanent resident status. You will then become
removable from the United States.
NOTE: If you file your petition late, you must request in writing that USCIS excuse the late filing. Your request must
include an explanation as to the reason(s) you are filing your petition late. (Please explain the reason for your late filing in
your Form I-751 under Part 11. Additional Information.) Failure to file before the expiration date may only be excused
if you can demonstrate that there was good cause and extenuating circumstances for your failure to timely file the petition.
If you file late, you may lose your permanent resident status.

Form I-751 Petitions Involving Forced Marriage

A forced marriage is a marriage that occurs without the consent of one or both parties. The United States Government is
opposed to forced marriage and considers it to be a serious human rights abuse. A victim of a forced marriage is distinct
from an individual who intentionally enters into a marriage solely for the purpose of obtaining an immigration benefit.
If you have been or are being forced into marriage, you are not at fault and you have not violated any U.S. laws by
entering into the marriage. For more information, including resources that may be available to you, visit the USCIS
website on forced marriage at https://www.uscis.gov/humanitarian/forced-marriage and the U.S. Department of State’s
webpage on forced marriage at https://travel.state.gov/content/travel/en/international-travel/emergencies/forcedmarriage.html.
People who force others to marry may be charged with a crime or other violations of state law, such as domestic violence,
child abuse, rape, assault, kidnapping, threats of violence, stalking, and/or coercion. Foreign nationals who force someone
to marry may also face significant immigration consequences, such as being inadmissible to or deported from the United
States.

General Instructions
USCIS provides forms free of charge through the USCIS website. To view, print, or fill out our forms, you should use
the latest version of Adobe Reader, which you can download for free at http://get.adobe.com/reader/. If you do not
have internet access, you may call the USCIS Contact Center at 1-800-375-5283 and ask that we mail a form to you. The
USCIS Contact Center provides information in English and Spanish. For TTY (deaf or hard of hearing) call:
1-800-767-1833.

Form I-751 Instructions 12/05/17 

Page 2 of 12

Signature. Each petition must be properly signed and filed. For all signatures on this petition, USCIS will not accept a
stamped or typewritten name in place of a signature. A legal guardian may also sign for a mentally incompetent person.
If the request is not signed or if the requisite signature on the request is not valid, USCIS will reject the request. See
8 CFR 103.2(a)(7)(ii)(A). If USCIS accepts a request for adjudication and determines that it has a deficient signature,
USCIS will deny the request.
Validity of Signatures. USCIS will consider a photocopied, faxed, or scanned copy of the original handwritten signature
valid for filing purposes. The photocopy, fax, or scan must be of the original document containing the handwritten ink
signature.
Filing Fee. Each petition must be accompanied by the appropriate filing fee and biometric services fee(s). (See the What
Is the Filing Fee section of these Instructions.)

Draft
Not for
Production
10/01/2019

Biometric Services Fee.

1.	 Conditional Permanent Resident. Each conditional permanent resident and conditional permanent resident
dependent child included on Form I-751 is required to submit a biometric services fee with this petition, in addition to
the required filing fee. (See the What Is the Filing Fee section of these Instructions.)
2.	 U.S. Citizen or Lawful Permanent Resident Spouse of Conditional Permanent Resident. If you are the U.S.
citizen or lawful permanent resident spouse, you do not need to include a biometric services fee at the time this
petition is submitted. If USCIS later notifies you that you must submit your biometrics, you will receive a biometric
services appointment notice with instructions on how to submit the additional fee.
Evidence. At the time of filing, you must submit all evidence and supporting documentation listed in the What Evidence
Must You Submit section of these Instructions.
Biometric Services Appointment. USCIS may require that you appear for an interview or provide biometrics
(fingerprints, photograph, and/or signature) at any time to verify your identity, obtain additional information, and conduct
background and security checks, including a check of criminal history records maintained by the Federal Bureau of
Investigation (FBI), before making a decision on your application or petition. After USCIS receives your petition and
ensures it is complete, we will inform you in writing if you need to attend a biometric services appointment. If an
appointment is necessary, the notice will provide you the location of your local or designated USCIS Application Support
Center (ASC) and the date and time of your appointment or, if you are currently overseas, instruct you to contact a U.S.
Embassy, U.S. Consulate, or USCIS office outside the United States to set up an appointment.
If you are required to provide biometrics, at your appointment you must sign an oath reaffirming that:
1.	 You provided or authorized all information in the petition;
2.	 You reviewed and understood all of the information contained in, and submitted with, your petition; and
3.	 All of this information was complete, true, and correct at the time of filing.
If you fail to attend your biometric services appointment, USCIS may deny your petition.
Copies. You should submit legible photocopies of documents requested, unless the Instructions specifically state that you
must submit an original document. USCIS may request an original document at the time of filing or at any time during
processing of an application or petition. If USCIS requests an original document from you, it will be returned to you after
USCIS determines it no longer needs your original.
NOTE: If you submit original documents when not required or requested by USCIS, your original documents may be
immediately destroyed upon receipt.
Translations. If you submit a document with information in a foreign language, you must also submit a full English
translation. The translator must sign a certification that the English language translation is complete and accurate, and that
he or she is competent to translate from the foreign language into English. The certification must include the translator’s
signature, printed name, the signature date, and the translator’s contact information.
Form I-751 Instructions 12/05/17 

Page 3 of 12

How to Fill Out Form I-751
1.	 Type or print legibly in black ink.
2.	 If you need extra space to complete any item within this petition, use the space provided in Part 11. Additional
Information or attach a separate sheet of paper; type or print your name and Alien Registration Number (A-Number)
(if any) at the top of each sheet; indicate the Page Number, Part Number, and Item Number to which your answer
refers; and sign and date each sheet.
3.	 Answer all questions fully and accurately. If a question does not apply to you (for example, if you have never been
married and the question asks “Provide the name of your current spouse”), type or print “N/A,” unless otherwise
directed. If your answer to a question which requires a numeric response is zero or none (for example, “How many
children do you have” or “How many times have you departed the United States”), type or print “None,” unless
otherwise directed. Failure to respond to questions may result in a delay in adjudication of the petition.

Draft
Not for
Production
10/01/2019

4.	 USCIS Online Account Number (if any). If you have previously filed an application or petition using the USCIS
online filing system (previously called USCIS Electronic Immigration System (USCIS ELIS)), provide the USCIS
Online Account Number you were issued by the system. You can find your USCIS Online Account Number by
logging in to your account and going to the profile page. If you previously filed certain applications or petitions on a
paper form through a USCIS Lockbox facility, you may have received a USCIS Online Account Access Notice issuing
you a USCIS Online Account Number. You may find your USCIS Online Account Number at the top of the notice. If
you were issued a USCIS Online Account Number, enter it in the space provided.
5.	 U.S. Mailing Address. For Part 1., Item Numbers 17.a. - 17.f., you must provide a valid mailing address in the
United States. You may provide a valid U.S. residence, APO, or commercial address. You may also provide a
U.S. Post Office address (PO Box) if that is how you receive your mail. If your mail is sent to someone other than
yourself, please include an “In Care of Name” as part of your mailing address. If your U.S. mailing address is in a
U.S. territory and it contains an urbanization name, provide the urbanization name in the “In Care of Name” space
provided. Do not use the attorney’s or other legal representative’s address.
6.	 Safe Address. For Part 1., Item Numbers 18.a. - 18.f., if you are applying for a waiver of the joint filing
requirement because you and/or your conditional permanent resident child were subjected to battery or extreme
cruelty and you do not feel safe receiving mail about this petition at your home address, provide a safe mailing
address in Part 1., Item Numbers 18.a. - 18.f. This safe address may be a post office box, the address of a friend,
your attorney, a community-based organization that is helping you, or any other address where you can safely and
timely receive mail. If you have an attorney or accredited representative, you may also direct USCIS to send your
correspondence to his or her business address by selecting the applicable item(s) on Form G-28, Notice of Entry of
Appearance as Attorney or Accredited Representative.
If you do not provide a safe address in Part 1., Item Numbers 18.a. - 18.f., USCIS may use the U.S. Mailing Address
you provided in Part 1., Item Numbers 17.a. - 17.f. or the address of the preparer if you listed one on your Form
I-751.
7.	 Physical Address. For Part 1., Item Numbers 19.a. - 23.h., provide physical addresses for everywhere you have
lived since becoming a conditional permanent resident, whether inside or outside of the United States. Provide your
current physical address first. If you need extra space to complete this section, use the space provided in Part 11.
Additional Information.
8.	 Part 2. Basis for Petition. Select the basis on which you are filing your Form I-751.
9.	 Part 3. Additional Information About You. If you are currently married to the U.S. citizen or lawful permanent
resident spouse through whom you gained your conditional permanent residence, you do not need to complete Item
Numbers 7.a. - 12.c. You will provide this information in Part 5. of your petition.
10.	 Part 4. Your Biographic Information. Provide your biographic information in Part 4. Providing this information
as part of your petition may reduce the time you spend at your USCIS ASC appointment as described in the Biometric
Services Appointment section of these Instructions.
A.	 Ethnicity and Race. Select the boxes that best describe your ethnicity and race.
Form I-751 Instructions 12/05/17 

Page 4 of 12

B.	 Categories and Definitions for Ethnicity and Race.
(1)	 Hispanic or Latino. A person of Cuban, Mexican, Puerto Rican, South or Central American, or other
Spanish culture or origin, regardless of race. (NOTE: This category is only included under Ethnicity in
Part 4., Item Number 1.)
(2)	 American Indian or Alaska Native. A person having origins in any of the original peoples of North and
South America (including Central America), and who maintains tribal affiliation or community attachment.
(3)	 Asian. A person having origins in any of the original peoples of the Far East, Southeast Asia, or the
Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the
Philippine Islands, Thailand, and Vietnam.

Draft
Not for
Production
10/01/2019

(4)	 Black or African American. A person having origins in any of the black racial groups of Africa.
(5)	 Native Hawaiian or Other Pacific Islander. A person having origins in any of the original peoples of
Hawaii, Guam, Samoa, or other Pacific Islands.
(6)	 White. A person having origins in any of the original peoples of Europe, the Middle East, or North Africa.
C.	 Height. Select the values that best match your height in feet and inches. For example, if you are five feet and
nine inches, select “5” for feet and “09” for inches. Do not enter your height in meters or centimeters.
D.	 Weight. Enter your weight in pounds. If you do not know your weight, or need to enter a weight under 30
pounds or over 699 pounds, enter “000.” Do not enter your weight in kilograms.
E.	 Eye Color. Select the box that best describes the color of your eyes.

F.	 Hair Color. Select the box that best describes the color of your hair.

11.	 Part 5. Information About the U.S. Citizen or Lawful Permanent Resident Spouse or Stepparent Through
Whom You Gained Your Conditional Permanent Residence. Provide information about the U.S. citizen or lawful
permanent resident spouse or stepparent through whom you gained your conditional permanent resident status.
12.	 Part 6. Information About Your Children. Provide information about your children. The term “children” includes
all biological children or legally adopted children as well as current stepchildren, of any age, whether born in the
United States or other countries, married or unmarried, living with you or elsewhere and including any missing
children and those born to you outside of marriage.
13.	 Part 7. Conditional Permanent Resident’s Statement, Contact Information, Certification, and Signature.
Select the appropriate box to indicate whether you read this petition yourself or whether you had an interpreter assist
you. If someone assisted you in completing the petition, select the box indicating that you used a preparer. Further,
you must sign and date your petition and provide your daytime telephone number, mobile telephone number (if any),
and email address (if any). Every petition MUST contain the signature of the conditional permanent resident (or
parent or legal guardian, if applicable). A stamped or typewritten name in place of a signature is not acceptable.
14.	 Part 8. Spouse’s or Stepparent’s Statement, Contact Information, Certification, and Signature (if applicable).
Select the appropriate box to indicate whether your spouse or stepparent read this petition or whether he or she had an
interpreter assist. If someone assisted your spouse or stepparent in completing the petition, select the box indicating
that you used a preparer. Further, your spouse or stepparent must sign and date your petition and provide your
daytime telephone number, mobile telephone number (if any), and email address (if any).
NOTE: If you are filing your Form I-751 individually or requesting that the joint filing requirement be waived, your
spouse or stepparent does not need to sign the petition.
15.	 Part 9. Interpreter’s Contact Information, Certification, and Signature. If you used anyone as an interpreter to
read the Instructions and questions on this petition to you in a language in which you are fluent, the interpreter must
fill out this section; provide his or her name, the name and address of his or her business or organization (if any), his
or her daytime telephone number, his or her mobile telephone number (if any), and his or her email address (if any).
The interpreter must sign and date the petition.

Form I-751 Instructions 12/05/17 

Page 5 of 12

16.	 Part 10. Contact Information, Declaration, and Signature of the Person Preparing this Petition, if Other
Than the Conditional Permanent Resident. This section must contain the signature of the person who completed
your petition, if other than you, the conditional permanent resident. If the same individual acted as your interpreter
and your preparer, that person should complete both Part 9. and Part 10. If the person who completed this petition
is associated with a business or organization, that person should complete the business or organization name and
address information. Anyone who helped you complete this petition MUST sign and date the petition. A stamped or
typewritten name in place of a signature is not acceptable. If the person who helped you prepare your petition is an
attorney or accredited representative, he or she may also need to submit a completed Form G-28, Notice of Entry of
Appearance as Attorney or Accredited Representative, along with your petition.

Draft
Not for
Production
10/01/2019

We recommend that you print or save a copy of your completed petition to review in the future and for
your records. We recommend that you review your copy of your completed petition before you come
to your biometric services appointment at a USCIS ASC. At your appointment, USCIS will permit you to
complete the petition process only if you are able to confirm, under penalty of perjury, that all of the information in your petition is complete, true, and correct. If you are not able to make that attestation in good faith at
that time, USCIS will require you to return for another appointment.

What Evidence Must You Submit?

You must submit all evidence required in these Instructions with your petition. If you fail to submit required evidence,

USCIS may reject or deny your petition for failure to submit evidence or supporting documents in accordance
with 8 CFR 103.2(b)(1) and these Instructions.

Permanent Resident Card

You must submit copies of the Permanent Resident Card for you and any children who are applying with you. Submit
copies of both front and back sides of the card(s). If you do not have your Form I-551, submit a copy of your Form I-797,
Notice of Action, for the form that should have resulted in the issuance of your Permanent Resident Card, or a copy of the
page in your passport showing the I-551 stamp you received upon admission if you were admitted as an immigrant.
Evidence if Overseas on Military or Government Orders

Those who reside overseas pursuant to military or government orders, including conditional permanent resident dependent
children residing overseas and listed under Part 6. Information About Your Children of the petition, must answer Part
1., Item Numbers 14. - 15. and must submit the following items with Form I-751:
1.	 You must submit color photographs for each conditional permanent resident and dependent, regardless of age, taken
within 30 days of filing this petition.
The two identical color passport-style photos must be 2 by 2 inches. The photos must be in color with full face,
frontal view on a white to off-white background. Head height should measure 1 to 1 3/8 inches from top of your
hair to the bottom of your chin, and eye height should measure between 1 1/8 to 1 3/8 inches from the top of your
eyes to the bottom of the photo. Your head must be bare unless you are wearing headwear as required by a religious
denomination of which you are a member. Using a pencil or felt pen, lightly print your name and Alien Registration
Number (A-Number) (if any) on the back of the photo;
2.	 Two completed fingerprint cards (Form FD-258) for each conditional permanent resident and dependent children 14
to 79 years of age. You must type or print your A-Number 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 and all fields on the must be completed; and
3.	 A copy of your current military or government orders.
Form I-751 Instructions 12/05/17 

Page 6 of 12

Evidence of the Relationship
Submit evidence demonstrating that the marriage upon which you obtained conditional permanent resident status was
entered into in good faith and not for the purpose of evading immigration laws. USCIS recommends that you submit
evidence from the date of your marriage to the present. If that marriage has ended, submit evidence to demonstrate any
circumstances surrounding the end of the relationship. The evidence may include, but is not limited to, the following
examples:
1.	 Documentation of children resulting from the relationship, for example, birth certificates (certified and registered with
the appropriate civil authority) of children born during the time of this relationship or adoption decrees of children
adopted by the conditional permanent resident and/or U.S. Citizen/lawful permanent resident or parent and stepparent,
if any;

Draft
Not for
Production
10/01/2019

2.	 Documents showing joint ownership and/or occupancy of a communal residence, such as lease, deeds, or mortgage
contracts;
3.	 Financial records showing joint ownership of assets and joint responsibility for liabilities such as: joint checking and
savings account statements showing deposits or withdrawals for the period of the marriage; insurance policies that
show the other spouse as the beneficiary; joint federal and state tax returns; joint utility bills; and other loans or credit
cards statements. If applicable, submit copies of military Leave and Earnings Statements showing receipt of Basic
Allowance for Quarters (BAQ) with family members and/or Form DD-1172 for military family member identification
cards.
4.	 Other evidence to establish that the marriage was entered into in good faith and not for the purpose of evading U.S.
immigration laws; and
5.	 Affidavits sworn to or affirmed by at least two individuals who have known both parties to the marriage since your
conditional permanent resident status was granted and have personal knowledge of that marriage and relationship
(such individuals 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
individual making the affidavit: his or her full name and address; date and place of birth; relationship to either party
to the marriage, if any; and full information and complete details explaining how the individual acquired his or her
knowledge. Affidavits must be supported by other types of evidence listed above.
NOTE: Submission of evidence demonstrating that the marriage upon which you obtained conditional permanent
resident status was entered into in good faith is not required if you are requesting a waiver of the joint filing requirement
on the basis that termination of your status and removal from the United States would result in extreme hardship.
If you are a child filing separately from your conditional permanent resident parent, submit a full explanation as
to why you are filing separately, along with copies of any supporting documentation. For example, if you are filing
separately from your conditional permanent resident parent because your conditional permanent resident parent is
deceased, please submit a copy of the death certificate.
If your spouse or stepparent has died, submit a copy of the death certificate with your petition, along with evidence of
the qualifying relationship.
If the marriage upon which your conditional permanent resident status was obtained has been terminated, submit
a copy of the final divorce decree or other document terminating or annulling the marriage with your petition, along with
evidence of the qualifying relationship. If you are requesting a waiver of the joint filing requirement on this basis but you
or your conditional permanent resident parent are legally separated and/or have filed for divorce or annulment from the
spouse upon which your conditional permanent resident status was obtained, USCIS will issue a Request for Evidence to
require you to provide proof that the marriage was terminated.

Form I-751 Instructions 12/05/17 

Page 7 of 12

If you and/or your conditional permanent resident children were battered or subjected to extreme cruelty, submit:
Any credible evidence of the abuse, such as protection orders, police reports, court records, medical records, reports
from social services agencies, a statement from you signed under penalty of perjury detailing abuse suffered since
your admission to the United States, and/or affidavits from third parties who can knowledgeably attest to the abuse you
experienced. You may also submit evidence that you sought safe haven in a shelter for the abused or similar refuge, as
well as photographs evidencing your injuries.
Battery or extreme cruelty includes physical and non-physical acts of violence, which results or threatens to result in
physical or mental injury. Battery is an intentional, nonconsensual, harmful or offensive physical act of violence. Some
examples include, but are not limited to, rape, molestation, forced prostitution, slapping, punching, biting, kidnapping,
kicking, choking, and sexual abuse. Extreme cruelty is considered to be non-physical acts of violence or threats of
violence demonstrating a pattern or intent by your U.S. citizen or lawful permanent resident spouse or stepparent or
conditional permanent resident parent to gain compliance from or control over you.

Draft
Not for
Production
10/01/2019

Although you generally must demonstrate entry into a valid marriage, the law provides protection if you believed that
you entered into a valid marriage to a U.S. citizen, but the marriage was invalid solely due to bigamy on the part of
your abusive spouse. In such cases, you may be eligible for a waiver of the joint filing requirement, based on battery or
extreme cruelty by your U.S. citizen spouse if you can establish each of the following requirements with any available
credible evidence:
1.	 You married a U.S. citizen under the belief that your spouse was not already married and therefore free to enter into a
marriage;
2.	 A marriage ceremony was actually performed; and
3.	 A bona fide marriage is otherwise established.

NOTE: If you and/or your conditional permanent resident child were battered or subjected to extreme cruelty and
you do not know the answer to a question in Part 5. Information about the U.S. Citizen or Lawful Permanent
Resident Spouse or Stepparent Through Whom You Gained Your Conditional Permanent Residence, type or print
“Unknown,” unless otherwise directed.
NOTE: If you and/or your conditional permanent resident child were battered or subjected to extreme cruelty, you may
file your petition with any credible evidence relevant to the requirements to remove conditions on your residence. The
determination of what evidence is credible and the weight to be given that evidence is within the sole discretion of USCIS.
Therefore, you are encouraged to provide evidence of all the requirements to remove conditions on your residence.
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 extreme hardship.
Any removal from the United States is likely to result in a certain degree of hardship; however, only in those cases where
the hardship is extreme does USCIS grant a waiver. USCIS will only consider evidence relating to factors that arose
during the two-year period for which you were admitted as a conditional permanent resident.
Evidence That the Marriage Was Not Entered Into Solely For Immigration Purposes
If you or anyone else paid a fee or other consideration to the petitioning spouse or stepparent in order to enter into the
marriage that formed the basis for the petition, provide a detailed explanation in Part 11. Additional Information or on
a separate sheet of paper. A detailed explanation may include information such as who paid the fee and to whom it was
paid, the amount of the fee, and why the fee was paid, as well as any other relevant information.
Criminal History
If you have ever been arrested or detained by any law enforcement officer for any reason, either in the United States or
abroad, and no charges were filed, submit an original official statement by the arresting agency or applicable court order
confirming that no charges were filed.

Form I-751 Instructions 12/05/17 

Page 8 of 12

If you have ever been arrested or detained by any law enforcement officer for any reason, either in the United States or
abroad, 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 (for example, dismissal order, conviction record, or
acquittal order).
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

Draft
Not for
Production
10/01/2019

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

What Is the Filing Fee?

The filing fee for Form I-751 is $680, which includes the $595 base fee and the $85 biometric services fee.
Each conditional permanent resident dependent child, eligible for inclusion on the principal conditional permanent
resident’s Form I-751 and listed under Part 6. Information About Your Children of Form I-751, is required to submit
an additional biometric services fee of $85, including conditional permanent resident dependent children residing overseas
pursuant to military or Government orders, regardless of age.
NOTE: The filing fee and biometric services fee are not refundable, regardless of any action USCIS takes on this
petition. DO NOT MAIL CASH. You must submit all fees in the exact amounts.
Use the following guidelines when you prepare your checks or money orders for the Form I-751 filing fee and
biometric services 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 checks or money orders payable to U.S. Department of Homeland Security.
NOTE: Spell out U.S. Department of Homeland Security; do not use the initials “USDHS” or “DHS.”
3.	 If you live outside the United States, contact the nearest U.S. Embassy or U.S. Consulate for instructions on the
method of payment.
Notice to Those Paying by Check. If you send USCIS a check, we will convert it into an electronic funds transfer (EFT).
This means we will copy your check and use the account information on it to electronically debit your account for the
amount of the check. The debit from your account will usually take 24 hours and your bank will show it on your regular
account statement.
You will not receive your original check back. We will destroy your original check, but will keep a copy of it. If USCIS
cannot process the EFT for technical reasons, you authorize us to process the copy in place of your original check. If your
check is returned as unpayable, USCIS will re-submit the payment to the financial institution one time. If the check is
returned as unpayable a second time, we will reject your petition and charge you a returned check fee.

Form I-751 Instructions 12/05/17 

Page 9 of 12

Payments by Credit Card
If you are filing your petition at a USCIS Lockbox facility, you can pay your filing fee and biometric services fee using
a credit card. Please see Form G-1450, Authorization for Credit Card Transactions, at www.uscis.gov/G-1450 for more
information.
How to Check If the Fees Are Correct
Form I-751’s filing fee and biometric services fee are current as of the edition date in the lower left corner of this page.
However, because USCIS fees change periodically, you can verify that the fees are correct by following one of the steps
below.

Draft
Not for
Production
10/01/2019

1.	 Visit the USCIS website at www.uscis.gov, select “FORMS,” and check the appropriate fee; or
2.	 Visit the USCIS Contact Center at www.uscis.gov/contactcenter to get answers to your questions and connect with a
live USCIS representative. The USCIS Contact Center provides information in English and Spanish. For TTY (deaf
or hard of hearing) call: 1-800-767-1833.
Fee Waiver

You may be eligible for a fee waiver under 8 CFR 103.7(c). If you believe you are eligible for a fee waiver, complete
Form I-912, Request for Fee Waiver (or a written request) and submit it and any required evidence of your inability to pay
the filing fee with this petition. You can review the fee waiver guidance at www.uscis.gov/feewaiver.

Where to File?

Please see our website at www.uscis.gov/I-751 or visit the USCIS Contact Center at www.uscis.gov/contactcenter
to connect with a USCIS representative for the most current information about where to file this petition. The USCIS
Contact Center provides information in English and Spanish. For TTY (deaf or hard of hearing) call: 1-800-767-1833.

Address Change

A conditional permanent resident who is not a U.S. citizen must notify USCIS anytime he or she changes either his or her
mailing address or physical address. You must notify us no later than 10 days after making such change. For information
on filing a change of address, go to the USCIS website at www.uscis.gov/addresschange or reach out to the USCIS
Contact Center at www.uscis.gov/contactcenter for help. The USCIS Contact Center provides information in English
and Spanish. For TTY (deaf or hard of hearing) call: 1-800-767-1833.
NOTE: If you selected Item Number 1.e. or 1.f. in Part 2. Basis for Petition, you may NOT file a change of address
request through the USCIS website or by calling the USCIS National Customer Service Center. You must file a paper
Form AR-11, Alien’s Change of Address Card. Please see www.uscis.gov/addresschange for information on where to
submit you AR-11.
NOTE: Do not submit a change of address request to the USCIS Lockbox facilities because the Lockbox does not
process change of address requests.

Processing Information
You must have a United States address to file this petition.
Initial Processing. Once USCIS accepts your petition, we will check it for completeness. If you do not completely fill
out this petition, you will not establish a basis for your eligibility, and USCIS may reject or deny your petition.

Form I-751 Instructions 12/05/17 

Page 10 of 12

Requests for More Information. We may request that you provide more information or evidence to support your
petition. We may also request that you provide the originals of any copies you submit. If we request an original document
from you, it will be returned to you after USCIS determines it no longer needs your original.
Requests for Interview. We may request that you, and your spouse or stepparent if you are filing jointly, appear at a
USCIS office for an interview based on your petition. At the time of any interview or other appearance at a USCIS office,
we may require that you provide your biometrics to verify your identity and/or update background and security checks.
Decision. The decision on Form I-751 involves a determination of whether you have established eligibility for the
immigration benefit you are seeking. USCIS will notify you of the decision in writing.
Accommodations

Draft
Not for
Production
10/01/2019

To request an accommodation due to a disability that affects access to a USCIS program, activity, or facility, or, if a
disability prevents an individual from going to a designated USCIS location as scheduled:
1.	 Call the USCIS Contact Center at 1-800-375-5283 (TTY 1-800-767-1833); or
2.	 Go to www.uscis.gov/accommodationsinfo.

USCIS Forms and Information

To ensure you are using the latest version of this petition, visit the USCIS website at www.uscis.gov where you can obtain
the latest USCIS forms and immigration-related information. If you do not have internet access, you may call the USCIS
Contact Center at 1-800-375-5283 and ask that we mail a form to you. The USCIS Contact Center provides information
in English and Spanish. For TTY (deaf or hard of hearing) call: 1-800-767-1833.
Please visit us at www.uscis.gov/contactcenter to get basic information about immigration services and ask questions
about a pending case. Through our digital self-help tools and live assistance, the USCIS Contact Center provides a
pathway for you to get consistent, accurate information and answers to immigration case questions.

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.
NOTE: If you have been or are being forced into marriage, you are not at fault and you have not violated any U.S. laws
by entering into the marriage. For more information, including resources that may be available to you, visit the USCIS
webpage on forced marriage at https://www.uscis.gov/humanitarian/forced-marriage and the U.S. Department of
State’s webpage on forced marriage at https://travel.state.gov/content/travel/en/international-travel/emergencies/
forced-marriage.html.
People who force others to marry may be charged with a crime or other violations of state law, such as domestic violence,
child abuse, rape, assault, kidnapping, threats of violence, stalking, and/or coercion. People who force someone to marry
may also face significant immigration consequences, such as being inadmissible to or deported from the United States.

Form I-751 Instructions 12/05/17 

Page 11 of 12

DHS Privacy Notice
AUTHORITY: The information requested on this petition, and the associated evidence, is collected under 8 United
States Code Section 1186a and 1186b.
PURPOSE: The primary purpose for providing the requested information on this petition is to apply to remove the
conditions on your residence if you obtained status through marriage. DHS will use the information you provide to grant
or deny the immigration benefit you are seeking.
DISCLOSURE: The information you provide is voluntary. However, failure to provide the requested information,
including your Social Security number (if applicable), and any requested evidence, may delay a final decision or result in
denial of your petition.

Draft
Not for
Production
10/01/2019

ROUTINE USES: DHS may, where allowable under relevant confidentiality provisions, including 8 U.S.C. Section
1367, share the information you provide on this petition with other Federal, state, local, and foreign government agencies
and authorized organizations. DHS follows approved routine uses described in the associated published system of records
notices [DHS/USCIS/ICE/CBP-001 Alien File, Index, and National File Tracking, DHS/USCIS-007 Benefits Information
System, and DHS/USCIS-018 Immigration Biometric and Background Check] and published privacy impact assessment
[DHS/USCIS/PIA-016(a) Computer Linked Application Information Management System and Associated Systems],
which you can find at www.dhs.gov/privacy. DHS may also make the information available, as appropriate, for law
enforcement purposes or in the interest of national security.

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 Office of Management and Budget (OMB) control number. The public
reporting burden for this collection of information is estimated at 4 hours and 34 minutes per response, including the
time for reviewing instructions, gathering the required documentation and information, completing the petition, preparing
statements, attaching necessary documentation, and submitting the petition. The collection of biometrics is estimated to
require 1 hour and 10 minutes. 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
Coordination Division, Office of Policy and Strategy, 20 Massachusetts Ave NW, Washington, DC 20529-2140;
OMB No. 1615-0038. Do not mail your completed Form I-751 to this address.

Form I-751 Instructions 12/05/17 

Page 12 of 12


File Typeapplication/pdf
File TitleForm Instructions v6
AuthorFMB
File Modified2019-10-01
File Created2019-10-01

© 2024 OMB.report | Privacy Policy