Fill Out Your I 751 Form
The I-751 form, officially known as the Petition to Remove Conditions on Residence, is a critical application for individuals who hold a conditional resident status in the United States. This status often stems from marriage to a U.S. citizen or lawful permanent resident, and the form must be filed within the 90 days before the expiration of the conditional resident status. By submitting the I-751, individuals seek to convert their conditional residency into a standard permanent residency. This process involves providing personal and biographic information, including names, addresses, and details about family members. Additionally, applicants can qualify to file this form jointly with their spouse or, under certain circumstances, individually if facing difficulties such as the death of a spouse or issues of domestic violence. The I-751 also requires documentation that verifies the legitimacy of the marriage, as well as any other pertinent information that supports the petition. Understanding the nuances of this form can significantly affect a person's immigration journey, emphasizing the importance of thorough and accurate completion.
I 751 Example
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Petition to Remove Conditions on Residence |
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USCIS |
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Department of Homeland Security |
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OMB No. |
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U.S. Citizenship and Immigration Services |
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Expires 12/31/2019 |
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Receipt |
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Action Block |
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Remarks |
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USCIS |
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Petitioner interviewed |
on (mm/dd/yyyy) |
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Approved under INA 216(c)(4)(C) Battered Spouse/Child |
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To be completed by an |
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Select this box if |
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Attorney State Bar Number |
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Attorney or Accredited Representative |
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attorney or accredited |
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(if applicable) |
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USCIS Online Account Number (if any) |
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representative (if any). |
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attached. |
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►START HERE - Type or print in black ink.
Part 1. Information About You, the Conditional Resident
5.Country of Birth
1.a. Family Name
(Last Name)
1.b. Given Name
(First Name)
1.c. Middle Name
Other Names Used
List all other names you have ever used, including aliases, maiden name, and nicknames. If you need extra space to complete this section, use the space provided in Part 11.
Additional Information.
2.a.
2.b.
2.c.
3.a.
3.b.
3.c.
Other Information
4. Date of Birth (mm/dd/yyyy)
6.Country of Citizenship or Nationality (provide all that apply)
7.Alien Registration Number
► A-
8.U.S. Social Security Number (if any)
►
9.USCIS Online Account Number (if any)
►
Marital Status
10.Marital Status
Single |
Married |
Divorced |
Widowed |
11. Date of Marriage (mm/dd/yyyy)
12.Place of Marriage
13.If the marriage through which you gained conditional residence has ended, provide the date it ended (date of divorce or date of death) (mm/dd/yyyy)
14.Conditional Residence Expires On (mm/dd/yyyy)
Form |
Page 1 of 11 |
Part 1. Information About You, the Conditional
Resident (continued)
Mailing Address
15.a. In Care Of Name
15.b. Street Number
and Name
15.c.
Apt. 
Ste.
Flr.
15.d. City or Town
15.e. State |
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15.f. ZIP Code |
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16.Is your physical address different than your mailing
address? |
Yes |
No |
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If you answered “Yes” to Item Number 16., provide your physical address below.
Physical Address
17.a. In Care Of Name
17.b. |
Street Number |
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and Name |
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17.c. |
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Apt. |
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Ste. |
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Flr. |
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21.If you are married, is this a different marriage than the one through which you gained conditional resident status?

Yes
No
22.Have you resided at any other address since you became a
permanent resident? |
Yes |
No |
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If you answered “Yes” to Item Number 22., provide a list of all addresses where you have resided since becoming a permanent resident and the dates you resided at those locations in the space provided in Part 11. Additional Information.
23.Is your spouse or parent's spouse currently serving with or employed by the U.S. Government and serving outside
the United States? |
Yes |
No |
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Part 2. Biographic Information
1.Ethnicity (Select only one box)
Hispanic or Latino
Not Hispanic or Latino
2.Race (Select all applicable boxes)
White
Asian
Black or African American
American Indian or Alaska Native
Native Hawaiian or Other Pacific Islander
17.d. |
City or Town |
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17.e. |
State |
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17.f. ZIP Code |
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Additional Information About You
18.Are you in removal, deportation, or rescission
proceedings? |
Yes |
No |
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19.Was a fee paid to anyone other than an attorney in
connection with this petition? |
Yes |
No |
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20.Have you ever been arrested, detained, charged, indicted, fined, or imprisoned for breaking or violating any law or ordinance (excluding traffic regulations), or committed any crime which you were not arrested in the United
States or abroad? |
Yes |
No |
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If you answered "Yes" to Item Number 20., provide a detailed explanation in Part 11. Additional Information or on a separate sheet of paper, and refer to the What Initial Evidence Is Required section of the Form
3. |
Height |
Feet |
4.Weight
5.Eye Color (Select only one box)
Black |
Blue |
Gray |
Green |
Maroon |
Pink |
6.Hair Color (Select only one box)
Bald (No hair) |
Black |
Brown |
Gray |
Sandy |
White |
Inches
Pounds
Brown
Hazel
Unknown/Other
Blond
Red
Unknown/Other
Form |
Page 2 of 11 |
Part 3. Basis for Petition
Joint Filing
My conditional residence is based on my marriage or my parent's marriage to a U.S. citizen or lawful permanent resident, and I am filing this joint petition together with (Select only one box):
1.a. |
My spouse. |
1.b. |
My parent's spouse because I am unable to be |
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included in a joint petition filed by my parent and my |
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parent's spouse. |
OR (Select all applicable boxes in the next section.)
Waiver or Individual Filing Request
My conditional residence is based on my marriage or my
Other Information
2.a. Family Name
(Last Name)
2.b. Given Name
(First Name)
2.c. Middle Name
3.Date of Birth (mm/dd/yyyy)
4.U.S. Social Security Number (if any)
►



5.
►A- 



Physical Address
parent's marriage to a U.S. citizen or lawful permanent resident, I am unable to file a joint petition with my spouse or my parent's spouse, because:
1.c. |
My spouse is deceased. |
1.d. |
My marriage was entered in good faith, but the |
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marriage was terminated through divorce or |
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annulment. |
1.e. |
I entered the marriage in good faith, and, during the |
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marriage, I was battered, or was the subject of |
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extreme cruelty, by my U.S. citizen or lawful |
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permanent resident spouse. |
1.f. |
My parent entered the marriage in good faith, and, |
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during the marriage, I was battered, or was subjected |
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to extreme cruelty, by my parent's U.S. citizen or |
6.a. Street Number
and Name
6.b. 
Apt. 
6.c. City or Town 6.d. State
6.f. Province
6.g. Postal Code
6.h. Country
Ste. 
Flr.
6.e. ZIP Code
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lawful permanent resident spouse or by my |
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conditional resident parent. |
1.g. |
The termination of my status and removal from the |
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United States would result in an extreme hardship. |
Part 4. Information About the U.S. Citizen or Lawful Permanent Resident Spouse. If Filing as a Child Separately, Information About the U.S. Citizen or Lawful Permanent Resident Stepparent Through Whom You Gained Your Conditional Residence.
Relationship
1.a. |
Spouse or Former Spouse |
1.b. |
Parent's Spouse or Former Spouse |
Part 5. Information About Your Children
Provide information on all of your children. If you need extra space to complete this section, use the space provided in Part 11. Additional Information.
Child 1
1.a. Family Name
(Last Name)
1.b. Given Name
(First Name)
1.c. Middle Name
2. Date of Birth (mm/dd/yyyy)
3.
► A-
4. |
Is this child living with you? |
Yes |
No |
5. |
Is this child applying with you? |
Yes |
No |
Form |
Page 3 of 11 |
Part 5. Information About Your Children
(continued)
Physical Address
Child 3
13.a. Family Name
(Last Name)
13.b. Given Name
(First Name)
6.a. Street Number
and Name
6.b. 
Apt. 
6.c. City or Town 6.d. State
6.f. Province
6.g. Postal Code
6.h. Country
Ste. 
Flr.
6.e. ZIP Code
13.c. Middle Name
14. Date of Birth (mm/dd/yyyy)
15.
► A-
16. |
Is this child living with you? |
Yes |
No |
17. |
Is this child applying with you? |
Yes |
No |
Physical Address
18.a. Street Number
and Name
Child 2
7.a. Family Name
(Last Name)
7.b. Given Name
(First Name)
7.c. Middle Name
8. Date of Birth (mm/dd/yyyy)
9.
► A-
10. |
Is this child living with you? |
Yes |
No |
11. |
Is this child applying with you? |
Yes |
No |
Physical Address
18.b.
Apt.
Ste. 
Flr. 18.c. City or Town
18.d. State 
18.e. ZIP Code 18.f. Province
18.g. Postal Code
18.h. Country
Child 4
19.a. Family Name
(Last Name)
19.b. Given Name
(First Name)
12.a. Street Number
and Name 12.b. 
Apt. 

12.c. City or Town 12.d. State
12.f. Province
12.g. Postal Code
12.h. Country
Ste. 
Flr.
12.e. ZIP Code
19.c. Middle Name
20. Date of Birth (mm/dd/yyyy)
21.
► A-
22. |
Is this child living with you? |
Yes |
No |
23. |
Is this child applying with you? |
Yes |
No |
Form |
Page 4 of 11 |
Part 5. Information About Your Children
(continued)
Physical Address
24.a. Street Number
and Name
24.b. |
Apt. |
Ste. |
Flr. |
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24.c. |
City or Town |
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24.d. |
State |
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24.e. ZIP Code |
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24.f. |
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Province |
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24.g. |
Postal Code |
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24.h. |
Country |
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Child 5
25.a. Family Name
(Last Name)
25.b. Given Name
(First Name)
25.c. Middle Name
26. Date of Birth (mm/dd/yyyy)
27.
► A-
28. |
Is this child living with you? |
Yes |
No |
29. |
Is this child applying with you? |
Yes |
No |
Physical Address
Part 6. Accommodations for Individuals With Disabilities and/or Impairments
NOTE: Read the information in the Form
1.Are you requesting an accommodation because of your
disabilities and/or impairments? |
Yes |
No |
2.Are you requesting an accommodation because of your spouse's disabilities and/or impairments?

Yes
No
3.Are you requesting an accommodation because of your included children's disabilities and/or impairments?

Yes
No
If you answered "Yes" to Item Numbers 1. - 3., select any applicable box for Item Numbers 4.a. - 4.c. Provide information on the disabilities and/or impairments for each person.
4.a.
I am deaf or hard of hearing and request the following accommodation. (If you are requesting a
4.b. |
I am blind or have low vision and request the |
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following accommodation: |
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4.c. 
I have another type of disability and/or impairment. (Describe the nature of your disability and/or
30.a. Street Number
and Name 30.b. 
Apt. 

30.c. City or Town 30.d. State
30.f. Province
30.g. Postal Code
30.h. Country
Ste. 
Flr.
30.e. ZIP Code
impairment and the accommodation you are requesting.):
Form |
Page 5 of 11 |
Part 7. Petitioner's Statement, Contact
Information, Acknowledgement of Appointment
at USCIS Application Support Center,
Certification, and Signature
NOTE: Read the information on penalties in the Penalties section of the Form
NOTE: If you selected Box 1.a. in Part 3., your spouse must also read and sign the petition in Part 8. Signature of a conditional resident child under 14 years of age is not required; a parent may sign for a child.
Petitioner's Statement
NOTE: Select the box for either Item Number 1.a. or 1.b. If applicable, select the box for Item Number 2.
1.a. |
I can read and understand English, and have read and |
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understand every question and instruction on this |
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petition, as well as my answer to every question. I |
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have read and understand the Acknowledgement of |
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Appointment at USCIS Application Support |
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Center. |
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1.b. |
The interpreter named in Part 9. has also read to me |
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every question and instruction on this petition, as well |
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as my answer to every question, in |
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a language in which I am fluent. I understand every |
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question and instruction on this petition as translated |
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to me by my interpreter, and have provided complete, |
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true, and correct responses in the language indicated |
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above. The interpreter named in Part 9. has also |
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read the Acknowledgement of Appointment at |
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USCIS Application Support Center to me, in the |
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language in which I am fluent, and I understand this |
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Application Support Center (ASC) |
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Acknowledgement as read to me by my interpreter. |
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2. |
I have requested the services of and consented to |
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who |
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is not an attorney or accredited |
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representative, preparing this petition for me. This |
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person who assisted me in preparing my petition has |
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reviewed the Acknowledgement of Appointment at |
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USCIS Application Support Center with me, and I |
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understand the ASC Acknowledgement. |
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Petitioner's Contact Information
3.Petitioner's Daytime Telephone Number
4.Petitioner's Mobile Telephone Number (if any)
5.Petitioner's Email Address (if any)
Acknowledgement of Appointment at USCIS Application Support Center
I, |
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understand that the purpose of a USCIS ASC appointment is for me to provide fingerprints, photograph, and/or signature and to
By signing here, I declare under penalty of perjury that I have reviewed and understand my application, petition, or request as identified by the receipt number displayed on the screen above, and all supporting documents, applications, petitions, or requests filed with my application, petition, or request that I (or my attorney or accredited representative) filed with USCIS, and that all of the information in these materials is complete, true, and correct.
If conditional residence was based on a marriage, I further certify that the marriage was entered into in accordance with the laws of the place where the marriage took place and was not for the purpose of procuring an immigration benefit.
I also understand that when I sign my name, provide my fingerprints, and am photographed at the USCIS ASC, I will be
Form |
Page 6 of 11 |
Part 7. Petitioner's Statement, Contact
Information, Acknowledgement of Appointment
at USCIS Application Support Center,
Certification, and Signature (continued)
Petitioner's Certification
Copies of any documents I have submitted are exact photocopies of unaltered, original documents, and I understand that USCIS may require that I submit original documents to USCIS at a later date. Furthermore, I authorize the release of any information from any and all of my records that USCIS may need to determine my eligibility for the immigration benefit that I seek.
I furthermore authorize release of information contained in this petition, in supporting documents, and in my USCIS records to other entities and persons where necessary for the administration and enforcement of U.S. immigration laws.
I certify under penalty of perjury, that the information in my petition, my responses to each question, and any document submitted with my petition were provided by me and are complete, true, and correct.
Petitioner's Signature
6.a. Petitioner's Signature
6.b. Date of Signature (mm/dd/yyyy)
NOTE TO ALL PETITIONERS: If you do not completely fill out this petition or fail to submit required documents listed in the Instructions, USCIS may deny your petition.
NOTE: If you are filing based on claims of having been battered or subjected to extreme cruelty waiver or individual filing, you are not required to have the spouse's or individual listed in Part 4's signature.
Part 8. Spouse's or Individual Listed in Part 4.'s Statement, Contact Information, Acknowledgement of Appointment USCIS Application Support Center, Certification, and Signature (if applicable)
Provide the following information about the spouse or individual listed in Part 4.
NOTE: Read the information on penalties in the Penalties section of the Form
Spouse's or Individual's Statement
NOTE: Select the box for either Item Number 1.a. or 1.b. If applicable, select the box for Item Number 2.
1.a. |
I can read and understand English, and have read and |
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understand every question and instruction on this |
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petition, as well as the petitioner's answer to every |
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question. I have read and understand the |
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Acknowledgement of Appointment at USCIS |
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Application Support Center. |
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1.b. |
The interpreter named in Part 9. has also read to me |
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every question and instruction on this petition, as |
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well as the petitioner's answer to every question, in |
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a language in which I am fluent. I understand every |
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question and instruction on this petition as translated |
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to me by my interpreter, and have provided complete, |
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true, and correct responses in the language indicated |
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above. The interpreter named in Part 9. has also |
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read the Acknowledgement of Appointment at |
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USCIS Application Support Center to me, in the |
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language in which I am fluent, and I understand this |
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Application Support Center (ASC) |
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Acknowledgement as read to me by my interpreter. |
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2. |
I have requested the services of and consented to |
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who |
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is not an attorney or accredited |
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representative, preparing this petition for me. This |
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person who assisted me in preparing my petition has |
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reviewed the Acknowledgement of Appointment at |
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USCIS Application Support Center with me, and I |
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understand the ASC Acknowledgement. |
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Spouse's or Individual's Contact Information
3.Spouse's or Individual's Daytime Telephone Number
4.Spouse's or Individual's Mobile Telephone Number (if any)
5.Spouse's or Individual's Email Address (if any)
Form |
Page 7 of 11 |
Part 8. Spouse's or Individual Listed in Part 4.'s Statement, Contact Information, Acknowledgement of Appointment USCIS Application Support Center, Certification, and Signature (if applicable) (continued)
Acknowledgement of Appointment at USCIS Application Support Center
I, |
, |
understand that the purpose of a USCIS ASC appointment is for me to provide my fingerprints, photograph, and/or signature and to
By signing here, I declare under penalty of perjury that I have reviewed and understand my application, petition, or request as identified by the receipt number displayed on the screen above, and all supporting documents, applications, petitions, or requests filed with my application, petition, or request that I (or my attorney or accredited representative) filed with USCIS, and that all of the information in these materials is complete, true, and correct.
I also understand that when I sign my name, provide my
Spouse's or Individual's Signature
6.a. Spouse's or Individual's Signature
6.b. Date of Signature (mm/dd/yyyy)
NOTE TO ALL SPOUSES OR INDIVIDUALS: If you do not completely fill out this petition or fail to submit required documents listed in the instructions, USCIS may deny your petition.
Part 9. Interpreter's Contact Information, Certification, and Signature
Provide the following information about the interpreter.
Interpreter's Full Name
1.a. Interpreter's Family Name (Last Name)
1.b. Interpreter's Given Name (First Name)
2.Interpreter's Business or Organization Name (if any)
Interpreter's Mailing Address
fingerprints, and am photographed at the USCIS ASC, I will be
Spouse's or Individual's Certification
Copies of any documents I have submitted are exact photocopies of unaltered, original documents, and I understand that USCIS may require that I submit original documents to USCIS at a later date. Furthermore, I authorize the release of any information from any and all of my records that USCIS may need to determine my
3.a. Street Number
and Name
3.b. 
Apt. 
3.c. City or Town 3.d. State
3.f. Province
3.g. Postal Code
3.h. Country
Ste. 
Flr.
3.e. ZIP Code
eligibility for the immigration benefit that I seek.
I furthermore authorize release of information contained in this petition, in supporting documents, and in my USCIS records to other entities and persons where necessary for the administration and enforcement of U.S. immigration laws.
I certify under penalty of perjury, that the information in my petition, my responses to each question, and any document submitted with my petition were provided by me and are complete, true, and correct.
Interpreter's Contact Information
4.Interpreter's Daytime Telephone Number
5.Interpreter's Email Address (if any)
Form |
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Part 9. Interpreter's Contact Information,
Preparer's Mailing Address
Certification, and Signature (continued)
Interpreter's Certification
I certify that: |
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I am fluent in English and |
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, which |
is the same language provided in Part 7., Item Number |
1.b.; |
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I have read to this petitioner every question and instruction on this petition, as well as the answer to every question, in the language provided in Part 7., Item Number 1.b.; and
I have read the Acknowledgement of Appointment at USCIS Application Support Center to the petitioner in the same language provided in Part 7., Item Number 1.b.
3.a. Street Number
and Name
3.b. 
Apt. 
3.c. City or Town 3.d. State
3.f. Province
3.g. Postal Code
3.h. Country
Ste. 
Flr.
3.e. ZIP Code
The petitioner has informed me that he or she understands every instruction and question on the petition, as well as the answer to every question, and the petitioner verified the accuracy of every answer; and
The petitioner has also informed me that he or she understands the ASC Acknowledgement and that by appearing for a USCIS ASC biometric services appointment and providing his or her fingerprints, photograph, and/or signature, he or she is
Preparer's Contact Information
4.Preparer's Daytime Telephone Number
5.Preparer's Fax Number
6.Preparer's Email Address (if any)
Interpreter's Signature
6.a. Interpreter's Signature
6.b. Date of Signature (mm/dd/yyyy)
Part 10. Contact Information, Statement, Certification, and Signature of the Person Preparing this Petition, If Other Than the Petitioner
Provide the following information about the preparer.
Preparer's Full Name
1.a. Preparer's Family Name (Last Name)
1.b. Preparer's Given Name (First Name)
2.Preparer's Business or Organization Name (if any)
Preparer's Statement
7.a. |
I am not an attorney or accredited representative |
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but have prepared this petition on behalf of the |
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petitioner and with the petitioner's consent. |
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7.b. |
I am an attorney or accredited representative and |
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my representation of the petitioner in this case |
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extends |
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does not extend beyond the |
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preparation of this petition.
NOTE: If you are an attorney or accredited representative whose representation extends beyond preparation of this petition, you must submit a completed Form
Form |
Page 9 of 11 |
Part 10. Contact Information, Statement,
Certification, and Signature of the Person
Preparing this Petition, If Other Than the
Petitioner (continued)
Preparer's Certification
By my signature, I certify, swear, or affirm, under penalty of perjury, that I prepared this petition on behalf of, at the request of, and with the express consent of the petitioner. I completed this petition based only on responses the petitioner provided to me. After completing the petition, I reviewed it and all of the petitioner's responses with the petitioner, who agreed with every answer on the petition. If the petitioner supplied additional information concerning a question on the petition, I recorded it on the petition. I have also read the Acknowledgement of Appointment at USCIS Application Support Center to the petitioner and the petitioner has informed me that he or she understands the ASC Acknowledgement
Preparer's Signature
8.a. Preparer's Signature
8.b. Date of Signature (mm/dd/yyyy)
Form |
Page 10 of 11 |
Form Characteristics
| Fact Name | Fact Description |
|---|---|
| Purpose | The I-751 form is used to request the removal of conditions on a person's residency in the U.S. This typically applies to individuals who obtained conditional residence through marriage. |
| Eligibility | To file Form I-751, the applicant must have been granted conditional resident status based on a marital relationship to a U.S. citizen or lawful permanent resident. |
| Filing Timeline | The form should be filed during the 90-day period before the conditional resident's card expires. Failure to file on time can result in loss of status. |
| Joint vs. Waiver Filing | Applicants can either file jointly with their spouse or request a waiver if the marriage has ended due to divorce, annulment, or if the spouse has died. |
| Supporting Documents | Applicants need to provide evidence to support their claim, which may include marriage certificates, joint tax returns, or other documentation proving the bona fide nature of the marriage. |
| Fee | There is a fee associated with filing Form I-751, which must be paid at the time of submission. Fee waivers are available under certain circumstances. |
| Interview Requirement | Some applicants may be required to attend an interview. During this interview, USCIS may ask questions to verify the authenticity of the marriage. |
| Legal Authority | The I-751 form is governed by the Immigration and Nationality Act (INA) sections 216 and 216A, which outline rules for conditional residency and petitions for removal of conditions. |
| Renewal of Conditional Residency | Once Form I-751 is approved, the individual will receive a new 10-year green card, solidifying their permanent resident status in the U.S. |
Guidelines on Utilizing I 751
Once the I-751 form is completed, it is essential to review it for accuracy before submission. This helps to prevent any delays in processing and ensures the request is handled smoothly by USCIS. Make sure to gather any additional evidence required, such as documents supporting your marriage and living situation, and follow the specific filing instructions provided.
- Begin the form by typing or printing in black ink, as specified.
- Complete Part 1: Information About You, the Conditional Resident. Fill in your Family Name, Given Name, Middle Name, Date of Birth, Country of Birth, and other relevant fields.
- List any other names you have ever used, including maiden names or aliases, in the section provided.
- Provide your marital status and details of your marriage, including the Date and Place of Marriage. If applicable, enter the date your marriage ended.
- Fill in your address details, both mailing and physical, as required.
- Proceed to Part 2: Biographic Information. Answer questions regarding ethnicity, race, height, weight, eye color, and hair color.
- Address any legal matters, such as prior arrests or if you are in removal proceedings, and provide explanations if necessary.
- Move to Part 3: Basis for Petition. Indicate if you are filing jointly with your spouse or individually, selecting the appropriate reasons that apply to your situation.
- Complete Part 4, providing information about your U.S. citizen or lawful permanent resident spouse, including their name and details.
- In Part 5, provide information on all your children. State their names, dates of birth, and whether they live with you or are applying with you.
- If applicable, fill out Part 6 regarding accommodations for disabilities or impairments.
- Add any additional information in Part 11 and ensure you include any required evidence or documentation to support your petition.
- Review the entire form to ensure all information is accurate and complete. Make copies for your records before submission.
What You Should Know About This Form
What is the purpose of Form I-751?
Form I-751, also known as the Petition to Remove Conditions on Residence, is intended for individuals who obtained conditional residence status through marriage to a U.S. citizen or lawful permanent resident. The main goal of submitting this form is to request the removal of conditions attached to their resident status, allowing them to become lawful permanent residents without conditions. This is a crucial step to ensure that individuals can live and work freely in the United States.
Who should file Form I-751?
This form is typically filed by conditional residents who received their status through marriage. It is essential for those who obtained conditional residency because of a marriage that is less than two years old at the time of their lawful permanent resident status. If you're still married to your spouse, you generally file the form jointly. However, if there are special circumstances—like divorce or abuse—you may file on your own.
What documents are required to accompany Form I-751?
Along with Form I-751, applicants need to provide supporting documentation to prove that their marriage was genuine and not entered into for immigration purposes. This can include joint bank statements, lease agreements, photographs together, birth certificates of children born from the marriage, and more. It’s crucial to include evidence that demonstrates the legitimacy of the relationship. Missing documents can lead to delays or even denial.
How long does it take to process Form I-751?
The processing time for Form I-751 can vary significantly depending on the service center handling the petition. Generally, it may take several months to over a year for the application to be processed. During this period, applicants should receive a receipt notice indicating that their application is under review. It's often advisable to check the USCIS processing times online for the most current estimates.
What happens after I file Form I-751?
After submitting Form I-751, applicants will receive a notice from USCIS acknowledging the receipt of their petition. They may also be scheduled for an interview where they will need to answer questions regarding their relationship and other related matters. If the petition is approved, conditional status will be lifted, and they will receive a new permanent resident card. If denied, applicants will have options to appeal or address any issues cited in the decision.
Can I travel while my Form I-751 is pending?
Yes, conditional residents can travel while their I-751 application is pending. However, it’s important to take precautions. It is advisable to carry the receipt notice of the pending petition, as it serves as proof of your lawful status. Because international travel can complicate your immigration status, consulting with an immigration attorney might be wise before any travel plans are finalized.
What if my marriage ends after filing Form I-751?
If your marriage ends after filing Form I-751, it may still be possible to get the conditions removed by applying for a waiver. You need to demonstrate that the marriage was entered into in good faith, but it ended due to divorce or annulment. In cases of abuse, you can also request a waiver based on those circumstances. It’s crucial to provide detailed evidence to support your waiver request in this situation.
Common mistakes
Completing the I-751 form, which petitions to remove conditions on residence, requires careful attention to detail. Many individuals make common mistakes that can delay their application or lead to complications. Understanding these errors can streamline the process and improve the chance of approval.
One major mistake is failing to provide complete and accurate information. Each section of the form is crucial. Omitting any data, even minor details such as middle names or previous addresses, can render the form incomplete. Such omissions can cause USCIS to request additional documentation or may even result in a denial of the application. Every field should be filled out thoroughly.
Another frequent error is not signing the form. Applicants often forget this essential step. The form requires signatures from both individuals if filing jointly. An unsigned form is treated as incomplete, halting the processing entirely. Ensure that all necessary signatures are included; missing one can lead to unnecessary setbacks.
Specific errors in reporting marital status also occur. Applicants sometimes incorrectly indicate their current marital situation, especially if there have been changes since the original application. If a marriage has ended or if there are discrepancies in recorded names, these must be clearly explained. This ensures that USCIS accurately understands your situation.
Submitting the form without including sufficient supporting documentation is another common mistake. Inconsistent evidence, such as failing to provide proof of joint residency or shared financial responsibilities, can jeopardize the petition. Collect and attach all relevant documents that demonstrate the legitimacy of your marriage.
Applicants often neglect the importance of the filing fee. The I-751 requires a specific fee accompanied by the submission. If the fee is not sent, USCIS may reject the form outright. It is vital to check for fee updates and ensure payment methods comply with USCIS guidelines.
Not double-checking for errors in personal information before submitting is an issue many face. Typos in your name, address, or date of birth can lead to confusion. Additionally, these errors can adversely affect record-keeping by USCIS. A thorough review of all entries is essential to avoid complications.
Many applicants also fail to keep copies of their submissions. After mailing the form, having no record of what was sent can complicate inquiries or appeals if the application does not go as planned. Retaining a copy provides a reference point for any future correspondence with USCIS.
Lastly, procrastination can lead to significant problems. Applicants sometimes wait until the last minute to file the I-751 before their conditional residency expires. This can rush the process, increasing the chances of mistakes. It is advisable to begin gathering documents and completing the form well ahead of the deadline to ensure a thorough and accurate submission.
By avoiding these common mistakes, individuals can navigate the process of removing conditions on their residency more effectively, increasing their chances of success with the I-751 petition.
Documents used along the form
The I-751 form, also known as the Petition to Remove Conditions on Residence, is essential for individuals seeking to transition from conditional to permanent resident status. This process often requires the submission of additional forms and supporting documents. Below is a list of other commonly used forms in conjunction with the I-751.
- Form G-28: This form is the Notice of Entry of Appearance as Attorney or Accredited Representative. It is used when an attorney or an accredited representative is involved in the case, indicating their representation of the applicant.
- Form I-864: The Affidavit of Support form is necessary to prove that the applicant has adequate financial support. It is typically required when petitioning for a spouse or family member to ensure they will not become a public charge.
- Form I-130: This is the Petition for Alien Relative. If applicable, it establishes the relationship between the conditional resident and their U.S. citizen or lawful permanent resident spouse. It is essential for individuals transitioning from conditional residency based on marriage.
- Form I-797: The Notice of Action is used as a receipt for applications filed. It serves as proof that USCIS has received the I-751 petition and assigns a tracking number for the application.
- Evidence of Joint Residency: This may include documents such as bank statements, lease agreements, or joint tax returns. The aim is to establish that the couple has cohabited and maintains a genuine marriage, which is crucial for the I-751 petition.
Supporting documents are key to a successful petition. They not only validate the I-751 form but also demonstrate the authenticity of the marital relationship. It is essential to submit accurate and complete information to avoid delays in the process.
Similar forms
The I-751 form is primarily used to petition to remove conditions on a resident's status based on marriage. However, there are several other documents that serve similar purposes within the immigration process. These forms generally relate to adjustments in immigration status and can reflect varied circumstances. Here’s a look at four such documents that bear resemblance to the I-751 form:
- Form I-539: This form is used by individuals applying to extend their stay in the United States or to change their nonimmigrant status. Just like I-751, the I-539 requires personal information and documentation to support the request, ensuring the applicant meets eligibility criteria.
- Form N-400: This is the application for naturalization. Individuals who possess conditional residence and seek to become permanent residents must file this form after demonstrating their eligibility. Similar to I-751, it requires detailed personal information, background checks, and evidence of residency.
- Form I-130: Known as the Petition for Alien Relative, Form I-130 is used to establish familial relationships for immigration purposes. It shares the need for personal information and documentation validating the relationship, much like the dual focus of the I-751 on the resident’s marital status and their spouse’s background.
- Form I-821D: This form is the application for Deferred Action for Childhood Arrivals (DACA). While it primarily addresses childhood arrivals, it requires thorough personal details and supporting evidence comparable to the I-751. Both aim to ensure applicants are eligible and that petitions are justified.
Each of these forms plays a specific role in the immigration process but shares the common thread of detailed personal information and supporting evidence, similar to the I-751.
Dos and Don'ts
When filling out the I-751 form, consider the following do's and don'ts:
- Do complete the form in black ink. This ensures clarity and legibility.
- Do provide accurate and complete information. Every detail matters, from names to dates.
- Do use the additional space in Part 11 for any necessary explanations or details that exceed the provided lines.
- Do double-check for any spelling errors or omissions before submission.
- Don't leave any required fields blank. Each section is vital for the processing of your application.
- Don't submit the form without necessary supporting documents. Review the requirements carefully to avoid delays.
Misconceptions
Misconceptions about the I-751 form can lead to confusion and mistakes in the application process. Understanding the facts can help applicants prepare effectively for their journey to remove conditions on their residence. The following outlines seven common misconceptions:
- Form I-751 Can Only Be Filed Jointly with a Spouse: Many people believe that this form can only be filed with a spouse. In fact, individuals who are unable to file jointly due to certain circumstances, such as divorce or spousal abuse, can file on their own.
- The I-751 Form Is Only for Conditional Residents Married to U.S. Citizens: Some assume that only those married to U.S. citizens can file the I-751. However, those married to lawful permanent residents have the same rights to file the form.
- You Must File the I-751 Before Your Conditional Residence Expires: While it is crucial to file on time, applicants are allowed to file after their conditional residence has expired. However, doing so without a valid reason may complicate their status.
- Filing an I-751 Guarantees Permanent Residency: There's a belief that merely submitting the form will automatically grant permanent resident status. Approval is contingent on demonstrating the bona fides of the marriage and satisfying USCIS requirements.
- All Documents Must Be Submitted with the Initial Application: Some applicants think that all supporting documents must be included when first submitting the I-751. While it’s ideal to provide comprehensive evidence upfront, additional documents can be submitted during the review process if requested by USCIS.
- The Interview Is Optional: There is a misconception that interviews for the I-751 are optional. In reality, USCIS often requires an interview as part of the review process for added verification, especially in cases that raise questions.
- If Divorced, You Cannot Remove Conditions: People often think that divorce invalidates the ability to remove conditions on residency. On the contrary, individuals can apply for a waiver to remove conditions if their marriage was entered into in good faith despite its end.
These misconceptions can affect the application experience. It’s essential for those filing Form I-751 to be informed and proactive.
Key takeaways
- The I-751 form is necessary for individuals who seek to remove conditions on their permanent resident status.
- This form must be completed carefully, ensuring that all personal information is accurate and fully detailed.
- It is vital to report any other names previously used, including aliases and maiden names.
- Individuals must include details about their marital status and any changes since they received conditional residency.
- Form I-751 allows for joint filing with a spouse or may be filed individually under specific circumstances, such as divorce or abuse.
- Attachments may be required, such as proof of relationship, marriage certificates, or documentation of hardships.
- It is essential to stay aware of deadlines; conditional residency typically expires after two years, necessitating timely filing of this form.
- Significant attention should be given to the sections regarding children; providing their information is necessary if they are applying with the petitioner.
- When submitting the form, all questions must be answered honestly, as any discrepancies may result in delays or denial.
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