When a non-citizen marries a U.S. citizen and the marriage is less than two years old, the immigrant spouse receives conditional permanent residency, valid for two years. To remove those conditions and obtain a 10-year green card, the immigrant must file Form I-751, Petition to Remove Conditions on Residence.
While the form itself may seem straightforward, several common issues can complicate the process:
1. Do spouses and children file separate I-751s?
It depends. If a child received their conditional residency more than 90 days after the parent, they will typically need to file a separate Form I-751. Otherwise, the child can be included in the parent’s petition.
2. What if the couple divorces before filing?
You do not need to wait until the 90-day window before the green card expires. If the divorce is finalized, the immigrant spouse can file immediately, requesting a waiver of the joint filing requirement.
3. Can you travel while the I-751 is pending?
Yes. As long as you have:
- Your expired conditional green card, and
- The receipt notice from USCIS showing that your I-751 is pending,
you may travel and re-enter the U.S. You can also visit a local USCIS office to have your passport stamped for proof of continued permanent residency.
If you're unsure about your I-751 situation, it's wise to speak with an experienced immigration attorney to avoid delays or complications.