Removal of conditions (I-751)
If you got your green card through marriage when you had been married less than two years, your residence is normally conditional and the card is valid for two years. The marriage’s length is counted when USCIS approves the adjustment or when you enter on the immigrant visa, depending on your process. Form I-751 is used to remove those conditions. If it’s approved, you receive a card that is normally valid for ten years; your resident status isn’t limited to those ten years.
When and how is it filed?
- Joint petition: both spouses file it within the 90 days before the conditional green card expires.
- Waiver of the joint filing requirement: you can ask that your spouse’s signature not be required if you meet a legal basis, such as a good-faith marriage that ended in divorce or annulment, battery or extreme cruelty in a good-faith marriage, or extreme hardship if you were removed. This waiver concerns joint filing; it does not waive every immigration violation. You can request it before, during, or after the 90-day window, if you qualify and before a final removal order. It’s best not to wait until your conditional green card expires to review your filing requirements.
- If your spouse died, you can file an individual petition without their signature, with proof that the marriage was in good faith and the death certificate. That’s a different path from the divorce waiver. It doesn’t require waiting for the 90-day window.
If you’re required to file a joint petition and don’t file it properly and on time, the law provides for automatic termination of your conditional residence, and you may face removal proceedings. USCIS can accept a late joint petition if you show in writing good cause and extenuating circumstances, with evidence where appropriate. Simply sending it late without an explanation isn’t enough. Individual petitions and waivers have different rules; if your card has already expired, review your case as soon as possible.
You can include your children who got conditional residence on the same day as you or within the following 90 days. If they got it later, they normally need their own I-751. Other situations also require a separate petition; we review each child’s dates and circumstances.
How it works
- Petition. You file Form I-751 with the evidence for a joint, individual, or waiver petition. When you must prove the marriage was real, gather documents from the date of the marriage, not just from when you got your green card.
- USCIS receipt. If you file properly, USCIS issues a receipt that, together with your expired green card, serves as proof of your status and work authorization for the period shown. If that proof is about to expire and the case is still pending, ask USCIS for updated temporary evidence. Before traveling, check that you have the documents you need and that nothing else would prevent your return.
- Fingerprints. USCIS tells you whether you need to attend an appointment for your biometrics.
- Interview, unless waived. USCIS decides whether the documents are sufficient or an interview is needed. This applies to joint, individual, and waiver petitions.
- Decision. If approved, you receive the ten-year green card.
Cost
USCIS fee, verified as of October 14, 2026:
| Step | Fee |
|---|---|
| I-751, general fee | $750 on paper / $700 online, if that option is available for your case |
| I-751 with a waiver of the joint filing requirement based on battery or extreme cruelty | No USCIS fee |
Some people can also request a fee waiver based on their financial circumstances. That’s not the same as the waiver of your spouse’s signature. Check the fee and requirements when you file at USCIS.
Our fee: a flat representation fee. We give it to you at your consultation and in writing before we start. We offer payment plans.
Timing
The wait includes review of the evidence, background checks, and an interview if USCIS requires one. Times vary by office. A properly filed I-751 extends your status while USCIS decides; the receipt proves that extension for the period it shows. If that proof expires before the decision, ask for updated temporary evidence. See USCIS processing times. There is no guaranteed total processing time.
Documents usually needed
- ✓ A copy of both sides of your conditional green card.
- ✓ Joint petition: proof of the relationship from the marriage to the filing, such as joint finances, a lease or mortgage, insurance, birth certificates of children together, photos, and sworn statements from people who know you.
- ✓ Individual petition after a death: the death certificate and proof of the good-faith marriage.
- ✓ Waiver petition: depending on the basis, the final divorce or annulment decree and proof of the good-faith marriage; proof of battery or extreme cruelty and of the good-faith marriage; or proof of the extreme hardship your removal would cause. That last basis has its own rules on which circumstances and time period USCIS can consider.
- ✓ Police and court records that apply to your history, including those USCIS requires for arrests, charges, or convictions, even if the case was dismissed.
What can complicate your case
- A divorce or separation since you got your green card. Separation alone isn’t the same as divorce and doesn’t create a waiver; if a divorce is pending, the strategy and deadlines need review.
- A spouse who won’t sign the joint petition. That refusal alone doesn’t create a legal basis for a waiver.
- Battery or extreme cruelty. Your safety comes first: if you qualify, you can request a waiver without your spouse’s signature. You don’t need to divorce for that basis. We can agree on a safe way to contact you.
- Filing the petition late.
- Little evidence of your life together during the conditional period.
- Arrests or citations since you got your green card.
Choosing between a joint petition, an individual petition after a death, or a waiver petition, and deciding what evidence to submit, is a legal decision worth confirming with an attorney.
Next step
Book a consultation with Visia to review your dates, your family situation, and the evidence before you file the I-751.
General information, not legal advice. Reading this page alone does not create an attorney-client relationship. Every case requires an individual evaluation. Fees, policies, and processing times can change. Updated: October 15, 2026.