I-751 Guide 2026: How to Remove Conditions on Your Green Card

When Chandrika got married to her husband, a US citizen, she thought the hard part was over. After months of paperwork, interviews, and waiting, she finally received her green card. She could live and work in the US without restrictions. Done, right?

Not quite. About 18 months later, Chandrika noticed something she'd missed before: her green card had an expiration date just two years from when it was issued. That's when she learned about conditional green cards and the requirement to file Form I-751.

If you're in Chandrika's situation, you're not alone. USCIS issues conditional green cards to people who were married less than two years when they became permanent residents. And if you don't file Form I-751 on time, you could lose your status entirely.

The good news is that filing I-751 is manageable once you understand the process. The form itself isn't complicated. What trips people up is the timing, the documents, and knowing what to do if their situation has changed since they first got married.

This guide breaks down exactly what you need to know. I'll cover who needs to file, when to file, what it costs, what documents to include, and what happens if you're going through a divorce or other life changes. By the end, you'll have a clear roadmap for getting your 10-year green card.

What Is Form I-751 and Why Do You Need It?

Form I-751 is officially called the "Petition to Remove Conditions on Residence" (USCIS Form I-751). It's the form that converts your two-year conditional green card into a standard 10-year permanent green card, as required by INA § 216.

Here's why this form exists: USCIS wants to make sure your marriage is real and wasn't just for immigration benefits. When you first got your green card, you were married for less than two years. At that point, USCIS couldn't be certain the marriage would last. So they gave you conditional status and scheduled a check-in two years later.

That check-in is Form I-751.

Congress created conditional residence in 1986 through the Immigration Marriage Fraud Amendments (IMFA) to deter marriage fraud. The two-year conditional period gives USCIS time to verify the marriage was genuine before granting permanent status.

Think of it this way: your first green card application proved you had a valid marriage. Form I-751 proves the marriage is still real and ongoing (or, if it ended, that it was genuine when it started).

If you don't file I-751, your conditional resident status automatically terminates when your green card expires. That means you could be placed in removal proceedings. This isn't something you can ignore or delay indefinitely.

Who Needs to File Form I-751?

You need to file Form I-751 if:

• You got your green card through marriage to a U.S. citizen or lawful permanent resident
• Your marriage was less than two years old when you became a permanent resident
• Your green card says it's valid for two years (not ten)
• Your card category is CR1 (conditional resident) rather than IR1 (immediate relative). The CR1 designation indicates you were married less than two years when USCIS approved your immigrant visa or adjustment of status (USCIS Green Card Categories)

Check the expiration date on your green card. If it shows a two-year validity period, you have a conditional green card and need to file I-751.

These requirements are defined in 8 CFR § 216.4 and apply to anyone who received conditional permanent residence based on a marriage that was less than two years old at the time of admission.

Some people get confused because they were married for several years before getting their green card. What matters is the length of the marriage at the time USCIS approved your permanent residence, not how long you've been married now. If your marriage hit the two-year mark after your green card was approved, you still have conditional status.

Important: Your conditional status applies to any children who got their green cards through the same marriage petition. They may be included on your I-751 filing as derivative beneficiaries.

The 90-Day Filing Window: Timing Is Critical

This is where many people make mistakes. You can only file Form I-751 during a specific 90-day window, as required by 8 CFR § 216.4(a)(1). The window opens exactly 90 days before your conditional green card expires and closes on your expiration date.

The window opens exactly 90 days before your conditional green card expires. It closes on your expiration date.

Here's an example: If your green card expires on June 15, 2026, you can file starting March 17, 2026 (90 days before). You must file by June 15, 2026 at the latest.

File too early, and USCIS will reject your petition and send it back. File too late, and your conditional resident status terminates. Neither situation is good.

Filing outside this window without good cause can result in termination of your conditional resident status and placement in removal proceedings (INA § 216(c)(2)).

How to calculate your filing window:

1. Look at your green card expiration date
2. Count back 90 days from that date
3. That earlier date is the first day you can file
4. Your expiration date is the last day you can file

Mark both dates on your calendar right now. Don't wait until the last minute to start preparing your documents. Give yourself at least a month to gather everything you need.

I-751 Requirements for 2026: What You Need to File

To file Form I-751, you'll need to submit the documents specified in the Form I-751 Instructions:

Required documents for everyone:

• Completed Form I-751 (signed by both spouses for joint filing)
• Copies of the front and back of your conditional green card
• Filing fee payment (more on this below)
• Passport-style photos (if required by current instructions)
• Evidence of your bona fide marriage

USCIS evaluates bona fide marriage evidence according to USCIS Policy Manual, Volume 6, Part I, Chapter 2. The key is demonstrating that you entered the marriage in good faith, not to circumvent immigration laws.

If you're filing jointly with your spouse:

• Your spouse's signature on the form
• Evidence that your marriage is ongoing and genuine

If you're filing with a waiver (without your spouse):

• A request for the appropriate waiver
• Evidence supporting your waiver grounds
• Proof that your marriage was entered in good faith

If you have children included in your petition:

• Copies of their conditional green cards (front and back)
• Listing them in the appropriate section of the form

The form itself is available on the USCIS website. Make sure you're using the most recent version. USCIS rejects petitions submitted on outdated forms.

I-751 Filing Fee in 2026

The filing fee for Form I-751 depends on how you file (USCIS Fee Schedule, effective April 1, 2024):

• Online filing: $700
• Paper filing: $750

Both fees include the biometrics fee, which USCIS used to charge separately. Filing online saves you $50 and is generally faster to submit.

How to File Online

You can file Form I-751 online through your USCIS account. Here's how it works:

1. Create a USCIS online account (or log in if you already have one)
2. Select Form I-751 and complete the online questionnaire
3. Upload your supporting documents as PDF files
4. Pay the $700 fee electronically through the portal

Online filing lets you track your case status in real time and receive electronic notifications. You'll upload scanned copies of your documents directly through the system.

How to File by Paper

If you prefer to file by mail, the fee is $750. As of October 29, 2025, USCIS no longer accepts paper checks or money orders for filing fees. You must pay electronically using one of these methods:

• ACH debit from a U.S. bank account using Form G-1650
• Credit or debit card using Form G-1450

Place your completed payment form on top of your filing packet. Make sure your account has sufficient funds, as USCIS will reject your entire petition if the payment fails.

Fee Waivers

If you face genuine financial hardship, you may be eligible for a fee waiver by filing Form I-912 with supporting documentation. Fee waivers are evaluated on a case-by-case basis according to USCIS Fee Waiver Guidelines.

Note: There is no filing fee for conditional residents filing an I-751 waiver based on battery or extreme cruelty under INA § 216(c)(4)(C). This is the only fee exemption available.

For detailed guidance on payment methods, see our complete guide on how to pay USCIS filing fees.

Joint Filing vs. Waiver: Which Path Is Right for You?

Most people file Form I-751 jointly with their spouse. This means both spouses sign the petition together and submit evidence that the marriage is ongoing.

But life doesn't always go as planned. If your circumstances have changed, you may need to file with a waiver instead.

Joint Filing

Joint filing is the standard approach under 8 CFR § 216.4(a) when:

• You're still married to the spouse who petitioned for your green card
• Both of you are willing and able to sign the petition together
• You can provide evidence of your ongoing bona fide marriage

Joint filings generally process faster and have higher approval rates than waiver cases. USCIS expects couples to file jointly when possible.

Waiver Filing (Filing Without Your Spouse)

You can request a waiver of the joint filing requirement under INA § 216(c)(4) if any of the following apply:

1. Your marriage ended in divorce or annulment (8 CFR § 216.4(a)(1)(i)(A))

You must show that your marriage was genuine when you entered it, even though it later ended. Submit your final divorce decree or annulment documentation along with evidence of your good-faith marriage.

2. Your spouse passed away (8 CFR § 216.4(a)(1)(i)(B))

Submit a death certificate and evidence that your marriage was bona fide.

3. You or your child experienced battery or extreme cruelty by your U.S. citizen or permanent resident spouse (8 CFR § 216.4(a)(1)(i)(C))

This waiver protects abuse survivors under the Violence Against Women Act (VAWA). You can file at any time after receiving conditional residence—not just during the 90-day window. There's no filing fee for abuse-based waivers, and USCIS has special confidentiality protections for these cases.

4. Deportation would cause you extreme hardship (8 CFR § 216.4(a)(1)(i)(D))

This is the most difficult waiver to obtain. You must show that being removed from the U.S. would cause hardship beyond what is normally expected in deportation cases. USCIS considers factors like your ties to the U.S., health conditions, financial impact, and country conditions where you'd be deported (USCIS Policy Manual, Volume 6, Part I, Chapter 4).

If you're filing a waiver, you can do so at any time after receiving your conditional green card. You don't have to wait for the 90-day window.

Proving Your Bona Fide Marriage: Documents That Matter

One of the biggest reasons I-751 petitions get delayed or denied is weak documentation. USCIS evaluates bona fide marriage evidence according to the standards in USCIS Policy Manual, Volume 6, Part I, Chapter 2. The agency needs to see proof that your marriage is real and wasn't entered just for immigration benefits.

A marriage certificate proves you're legally married. But it doesn't prove you've built a life together. That's what USCIS is really looking for.

Here are the categories of evidence that strengthen your I-751:

Financial Documents

• Jointly filed federal income tax returns (past 2-3 years)
• Joint bank account statements
• Joint credit card statements
• Joint loan documents
• Evidence of shared financial obligations

Proof of Shared Residence

• Lease or mortgage showing both names
• Utility bills at the same address with both names
• Driver's licenses or state IDs with the same address
• Mail addressed to both of you at the same location

Family and Social Proof

• Birth certificates of children born during the marriage
• Photos of you together at different times and events
• Travel records showing trips taken together
• Evidence of shared memberships (gym, clubs, religious organizations)

Legal Documents Showing Mutual Commitment

• Life insurance policies naming each other as beneficiaries
• Health insurance showing your spouse as covered
• Retirement account beneficiary designations
• Wills or estate documents

The key is showing a pattern of shared life over time. USCIS wants to see documents from throughout your marriage, not just recent ones. As stated in the I-751 Instructions, "a few solid, detailed pieces of evidence are better than a pile of generic paperwork."

What If You Don't Have Joint Accounts?

Not every couple shares finances. Some keep separate bank accounts, file taxes separately, or don't have joint leases. That doesn't mean you don't have a real marriage.

If you're missing certain types of evidence, don't panic. Explain your situation in a cover letter and focus on other categories where you have strong documentation. For example, if you don't have joint bank accounts, emphasize photos, travel records, children's documents, and detailed affidavits.

I-751 Processing Time: What to Expect in 2026

Current I-751 processing times range from 12 to 24 months, with the median around 21 months. Some cases are resolved faster. Others, particularly waiver cases or those requiring additional evidence, can take longer.

For a complete breakdown of current wait times by service center and tips to help your case process faster, see our detailed I-751 processing time guide.

Processing times vary by USCIS service center. You can check current estimates on the USCIS Processing Times page by selecting Form I-751 and your service center.

The 48-Month Extension

Here's the important part: when USCIS receives your I-751 petition, they'll send you a receipt notice (Form I-797C). This receipt notice automatically extends your conditional green card for 48 months beyond its original expiration date.

This extension was updated in January 2023 when USCIS issued a policy alert extending the automatic validity period from 18 to 48 months. The longer extension recognizes that processing times have increased significantly.

While your case is pending, carry your receipt notice (Form I-797C) along with your expired green card. Together, these documents prove your legal status in the U.S. per 8 CFR § 216.4(a)(3). You can continue to:

• Live and work in the United States
• Travel abroad and return (though bring both documents when traveling)
• Maintain all the rights of a permanent resident

Tracking Your Case

After filing, use the receipt number on your I-797C to track your case status on USCIS Case Status Online. The receipt number starts with three letters (like SRC, WAC, LIN, or EAC) followed by numbers.

If you filed online, you can also track your case directly through your USCIS account.

The Biometrics Appointment

Most I-751 filers will receive a notice for a biometrics appointment at a USCIS Application Support Center (ASC). At this appointment, USCIS collects your fingerprints, photograph, and signature for background checks.

The appointment is short, usually less than 30 minutes. Bring your appointment notice, your green card, and a government-issued photo ID.

Try to attend on the scheduled date. Rescheduling delays your case. If you absolutely cannot attend, you can reschedule your biometrics appointment, but do so before your scheduled time and provide a good reason.

For more details on what to expect, check out our biometrics appointment guide.

I-751 Interview: Do You Need One?

Not all I-751 applicants are interviewed. USCIS may waive the interview under 8 CFR § 216.4(b) if your petition includes strong, consistent evidence of a bona fide marriage.

You're more likely to be scheduled for an interview if:

• Your petition is missing documentation
• USCIS needs clarification about your relationship
• Your case involves a waiver
• There are inconsistencies between your I-751 and previous immigration applications

If you are scheduled for an interview, both you and your spouse (for joint filings) must attend. Bring original copies of all documents you submitted. The officer may ask questions about your relationship, how you met, your daily life together, and your future plans.

The interview typically lasts less than 30 minutes. Answer questions honestly and directly. Don't volunteer information that wasn't asked.

What If You Filed Late?

Missing the filing deadline is serious, but it's not necessarily the end of your case. Under 8 CFR § 216.4(a)(6), USCIS may accept a late filing if you demonstrate "good cause" for the delay.

Good cause includes circumstances beyond your control, such as:

• Serious illness or hospitalization
• Natural disaster
• Documented abuse by your spouse
• Military deployment

If you're filing late, submit Form I-751 as soon as possible with a written explanation of why you missed the deadline. Include supporting documentation (medical records, deployment orders, police reports, etc.).

USCIS evaluates late filings on a case-by-case basis. There's no guarantee of approval, but many late filings are accepted when the applicant provides a reasonable explanation and the delay was not excessive.

What Happens If Your I-751 Is Denied?

An I-751 denial is serious. Under INA § 216(c)(3), when USCIS denies your petition, your conditional resident status terminates, and USCIS will typically issue a Notice to Appear (NTA) referring your case to immigration court for removal proceedings.

Common denial reasons include:

• Insufficient evidence of a bona fide marriage
• Marriage fraud determination
• Criminal history issues
• Failure to respond to requests for additional evidence
• Missing the filing deadline without good cause

If your I-751 is denied, you have the right to renew your petition before an immigration judge under 8 CFR § 216.4(d)(2). This is your chance to submit additional evidence and argue that your petition should be approved. Many people who are denied at the USCIS level succeed in immigration court.

If you receive a denial, consult with an immigration attorney immediately. The stakes are high, and you have rights in the process.

Filing I-751 After Divorce

Divorce doesn't disqualify you from getting your permanent green card—but it does change how you file. Instead of a joint petition, you'll file with a waiver under INA § 216(c)(4)(A).

If your divorce is finalized before you file I-751, you must file with a waiver. Check the box for "divorce waiver" on the form and include:

• Your final divorce decree
• Evidence that your marriage was genuine when you entered it

If your divorce is still pending, you can still file. Include proof that divorce proceedings are in progress, then supplement your file with the final decree once it's issued.

If you filed jointly but got divorced while your I-751 is pending, notify USCIS in writing. Request to convert your joint petition to a waiver filing. Include a copy of your divorce decree and additional evidence supporting your good-faith marriage claim.

The key with divorce waivers is proving the marriage was real when it started. USCIS will scrutinize these cases more closely, so strong documentation is essential.

Next Steps: Preparing for Success

Filing Form I-751 doesn't have to be overwhelming. Here's a quick checklist to keep you on track:

1. Check your filing window. Know the exact dates when you can file.
2. Gather your documents early. Don't wait until the last week to collect evidence.
3. Decide how to file. Online filing is $50 cheaper and easier to track.
4. Organize your evidence. Separate documents into categories. For online filing, scan everything as PDFs.
5. Complete the form carefully. Double-check all information before signing.
6. Make copies of everything. Keep a complete copy of your petition for your records.
7. Use the correct payment method. Pay electronically through the online portal or by ACH/card for paper filing.

If your case involves a waiver, complex circumstances, or previous immigration issues, consider consulting with an immigration attorney. For straightforward joint filings with good documentation, many couples successfully file on their own.

The I-751 process takes time, but with proper preparation, you'll be on track for your 10-year green card. Stay organized, file on time, and provide thorough documentation of your genuine marriage.

For more immigration resources and guides, visit our immigration resources page or explore our guide on naturalization and Form N-400 if you're thinking ahead to U.S. citizenship.

Official Sources

This guide is based on current USCIS policy and federal regulations. All information was verified against these official sources as of January 2026:

USCIS Resources

• USCIS Form I-751 Official Page
• Form I-751 Instructions (PDF)
• USCIS Policy Manual, Volume 6, Part I: Conditional Permanent Residence
• USCIS Fee Schedule
• USCIS Processing Times
• USCIS Fee Waiver Information (Form I-912)
• USCIS Case Status Online
• 48-Month Extension Policy Alert (January 2023)

Federal Regulations

• 8 CFR § 216.4 - Joint petition to remove conditional basis of lawful permanent resident status
• 8 CFR § 216.5 - Waiver of requirement to file joint petition

Immigration and Nationality Act

• INA § 216 - Conditional Permanent Resident Status

VAWA Resources (for abuse-based waivers)

• USCIS: Battered Spouse, Children, and Parents
• National Domestic Violence Hotline - 1-800-799-7233

Immigration law changes frequently. We monitor USCIS policy updates and revise this guide when regulations change.