- What is Form I-751?
How do you fill it out?
And what else do you need in order to get approved by USCIS,
for your 10 year green card?
These are some of the things that we will cover today.
Note that failing to file your 1-751 on time
will cause your residency to be canceled
and may cause you to end up in deportation.
So, stay tuned until the end
to learn everything you need
to know in order to file this application
and get it approved.
Form I-751 is officially called
the Petition to Remove Conditions on Residence.
This application is only filed by those immigrants
who received a green card through marriage
and received a two year conditional green card.
You will receive a two-year conditional green card,
only if your marriage did not reach
its two year anniversary as of the date
you're approved for your green card,
or the date that you enter the United States,
if you have received a spousal immigrant visa.
Immigrants who receive
a two-year conditional green card
through marriage called CR-1 green cards,
must file the 1-751 with USCIS,
to receive a permanent green card
that they can renew every 10 years.
If you have a conditional residency card,
you must file your I-751 before
the date it expires in order to maintain your status.
There are some exceptions to this rule,
so please keep watching this video
in order to find out what they are.
If you are filing the Form I-751 jointly with your spouse,
you must file this application
within the 90 day period before your card expires
in order for it to be considered on time.
If you file before the 90 day period,
and you're filing jointly with your spouse,
your application will be rejected.
Similarly, if you file the application
after your card expires,
and you are filing jointly with your spouse,
it will be considered late.
If you are filing late,
you must make sure to include an explanation
with your spouse to explain
why you did not file on time.
Note that USCIS typically
approves late applications if they qualify
for an extraordinary circumstance exception.
This means that you filed late
for a reason that was beyond your control.
If you're in a situation where your card expired,
you are filing
jointly but you did not file on time,
please give us a call to book a consultation
so that we can review your options
and help you determine what to do next.
Sometimes it's not always possible to file a jointly
with the person who helped you
get your green card in the first place.
So, what can you do in these circumstances?
You may have to file by yourself
because your spouse passed away,
because you were the victim of domestic abuse,
or because your marriage ended in divorce.
Alternately, you may also need to file by yourself
because going back to your home country
may result in extreme hardship to you.
(murmurs) it's the case,
then you may have file the I-751
any time after getting your card,
including before the 90 day period,
before the expiration date,
and even after the card expires.
If you are requesting a waiver
because you need to file by yourself,
you must select one of the correct
waiver application categories on the form,
which I will discuss in the video.
As with most immigration forms,
the government will require for you to pay a fee in order
to lodge this application for an immigration benefit.
The base filing fee
for the I-751 is $595.
Please note that you must pay this fee
even if you paid the fee for the I-485
to get the green card in the first place.
Next, you will have to pay an $85 biometrics fee.
In addition, if you have any dependents on your application,
they will also have to pay the $85 biometrics fee.
Depending on your household income,
you may be able to request
a waiver of the filing fees.
I'm including a link in the description below
on how to request a waiver of the filing fee.
You can pay the filing fee
with money order, cashier's check or a personal check.
If your application is being filed at the lockbox,
you may be able to pay the filing fee with a credit card.
Please make sure you check
the instructions on the USCIS website
to make sure that you have the most up-to-date information
on the filing view requirements before you file,
as this can change at any time.
While a cover letter is not required, it is recommended.
In recent years, there has been
an increase in requests for evidence.
The cover letter can help your case by serving as a guide
for the officials processing your application.
The best advice that I have for you,
if you are including cover letter,
is to keep it short and simple.
Include important information such as your name,
your alien registration number,
and maybe even an outline of all the evidence
that you are including to support your case.
I will include links
for two sample cover letters in the description below.
You must also include the front
and the back copies of your conditional green card,
and those of any of your dependents.
You must always,
always include evidence of your marriage
and the fact that it was entered into in good faith.
Some of this evidence
may include, but is not limited to;
proof of you and yourselves living together,
proof of your joint bank account statements
and any other financial accounts,
joint tax returns,
joint bills, and insurances,
birth certificates of children born
during and of the marriage,
family photographs and sworn
affidavits from family and friends
who can testify to your bona fide match.
Please keep in mind that you should always include evidence
that spans the entirety of your marriage from the date
that you received your green card up until now.
If you are not filing jointly and are requesting a waiver,
you must include evidence of how
you qualify for this waiver.
Which can include either evidence of your spouse's death,
evidence of the fact that you were
the victim of domestic abuse
or evidence of your extreme hardship
or the divorce certificate itself if your marriage ended.
If you are filing a joint application and it is late,
you must always include a explanation of why
you are filing late.
If you have incurred any arrest history
since getting your conditional green card,
you must include information about these arrests.
When you are ready to file,
please make sure to check the USCIS website
for the most up-to-date filing location.
Please note that USCIS
may change its location for filing at any time.
Thus, it is extremely important that you always check
the USCIS website directly
to make sure that your information is up-to-date.
Also note that your location may differ from that of others
because of the state that you live in.
As of the date of this video here is what USCIS says
about where to file your application.
If you would like more information
about documentation and mailing your form,
I'll include a link in the description below
for the I-751 instructions from the USCIS website,
as well as the USCIS official mailing address for the form.
As of any immigration application,
you must make sure you fill out
the application in its entirety
and with correct, and up-to-date information.
Small errors may cause delays
or problems for you down the road.
Part one of this form requests basic information about you,
including your current legal name
and any other names you have previously used,
your date and country of birth,
your alien registration number or A-Number.
You can find this number
directly on your conditional resident card.
Your USCIS online account number,
this is different from your A-Number.
If you have a USCIS account online,
which not everybody does,
you can log on to find your number on the profile page.
Your physical and mailing addresses.
If someone other than you accept mail on your behalf,
make sure to include their name online
between a where it reads in care of (murmurs).
Part one also requests information
about your marital status,
including whether you are currently
single, married, divorced, or widowed.
You must make sure to include the date of divorce
or the date your spouse died,
if you're marriage terminated through their death,
where it is requested.
you must also put down
the expiration date of your conditional resident card,
and answer questions as to whether you are
currently in removal proceedings
and about your arrest history,
since the date of filing your original application.
Please make sure
to read every question closely and carefully.
This video is for informational purposes only.
Part two, request your biometric information,
including details about your eye color,
height, weight, and ethnicity.
Part three, request information
about the basis of your petition,
including whether you are making a joint request
or whether you are requesting
a waiver of the joint filing requirement.
If you're filing jointly with your spouse or parent
check the box for joint filing.
But if you are not filing jointly
with your spouse or parent,
check the box to select the waiver you are requesting
and why they are not filing with you.
This might include the death of your spouse,
spousal abuse, divorce or extreme hardship.
Please note that I have helped many people
through difficult situations where they are requesting
a waiver, waivers due to extreme cruelty and abuse.
Parts four and five,
includes information about your spouse and your children.
So, provide basic information about the sponsoring spouse
or the parent or guardian,
and then part five,
do the same for any children you have.
If you do not have any children proceed to part six.
In part six,
you must request your accommodations
for any disabilities or impairments.
So, you must list any disabilities or impairments
you might have that would require accommodation
from the USCIS authorities.
Parts seven and eight include
verification of the information and signatures.
You and your spouse will need to verify
all the information that is in the form
and sign off that it is correct and true.
The conditional green card holder is the petitioner
and should complete and sign part seven of the form.
The sponsoring spouse, parent, or guardian
should complete and sign part eight.
Part nine and 10 include information
about the interpreter and preparer.
No, no, if USCIS receives your application,
but they need more evidence,
they will issue a request for evidence.
This can delay the process
as it will require more time for them to adjudicate.
This is why it is very important
to make sure that when you file
your application the first time,
it includes all the relevant information
and as much information as possible,
including documentation of your marriage,
which is the primary focus of USCIS's application.
After submitting your I-751,
USCIS will confirm receipt
and will issue you a new receipt for the case.
This will be on the Form I-797.
You can present this Form I-797
along with your existing green card
to extend its validity up to 18 months.
This letter is very important.
The original of this letter will serve
as your proof of your status
past the expiration date of the card,
and it is something that you can use when you travel.
When you are traveling internationally,
it is important that you take the original of this letter
with you along with your expired green card,
so that you can present it to CBP upon your return
to show that you are still a lawful conditional resident.
Once USCIS has your application,
it can take up to three years for them to process this case.
You can check the case of your status any time
by looking online on the USCIS website,
to enter in your receipt number
for the Form I-751 to check on the case status.
If you think that it is taking too long,
make sure you check the current
processing times page on USCIS to determine whether
your case is outside the upper range of the processing time.
I will include a link
to these sites in the description below.
Before USCIS can approve your case
they may request that you provide additional biometrics
and make give you an appointment for biometrics.
They may also request that you appear in person
for an appointment, for an interview.
It is very important that you make sure
you keep all of these appointments
and that you appear for your interview.
If USCIS approves your application for the Form I-751,
they will issue you a 10 year green card.
Note that it may not arrive before
your letter of extension on the Form I-797 expires.
If you did not receive a decision on your case
before this letter expires,
you can make an appointment to Infopass
to get a stamp in your passport.
This stamp is called an stamp the I-551 stamp
and it will serve as proof of your
continuing residency in the US.
Once you have your permanent green card,
all you need to do is show it when you travel
or to show proof of your ability to work.
You must make sure that you renew it before it expires
or apply for citizenship when it's time.
Your time as a conditional green card holder
counts towards the time for citizenship.
In some cases you may become eligible to naturalize before
you receive your updated green card.
At this time,
you can discuss with your attorney
whether it is the right time to submit
your application for N-400,
as it will require a interview for both.
If your I-751 is approved on the basis of your match,
(murmurs) a US citizen,
and it is approved on the basis of a joint application
or extreme cruelty and battery waiver,
you may be able to file for your N-400
within three years of accumulating residency.
However, if you have an approved I-751
on the basis of divorce or extreme hardship,
then you may need to wait the full five years
before you can apply for citizenship.
If you have yet to get your marriage based green card
and want to know what to expect,
click on this link to view my video
on what to expect
at the marriage based green card interview.
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