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I-751 Removal of Conditions Lawyer.

Portland Green Card Lawyer Mario Musil .

If you have a conditional two year green card based on Marriage, we can assist you in removing this condition and obtaining a 10 year green card. You can use the form here to ask a quick question, book a consult or give us a quick call. We are ready to help with your immigration needs.

Removal of Conditions on Residence

If you received a two-year conditional green card through marriage, you normally must file Form I-751 to remove the conditions and obtain a 10-year green card. The Musil Law Firm helps clients prepare I-751 petitions, organize marriage evidence, respond to USCIS requests, and prepare for I-751 interviews. We assist clients in Oregon and throughout the United States with joint I-751 filings, divorce waivers, separation issues, late filings, and complicated removal of conditions cases.

Many I-751 cases are straightforward, but others become stressful because the couple has separated, divorced, moved to different addresses, received a USCIS request for evidence, or does not have as much joint documentation as they would like. These issues do not automatically mean the case will be denied, but they do need to be handled carefully.

In most marriage-based cases, Form I-751 should be filed during the 90-day period before the conditional green card expires. If the case is approved, USCIS removes the conditions and issues a 10-year green card. If the petition is filed late, missing evidence, or involves a divorce or separation, it is especially important to present the facts clearly and include the strongest available evidence of a real marriage.

Our office can help you determine the correct filing strategy, identify the best evidence to include, prepare the I-751 package, respond to USCIS concerns, and prepare for a possible interview.

What is Form I-751 – Removal of Conditions on Residence

Form I-751, otherwise known as the Petition to Remove Conditions on Residence, is a document used by immigrants who obtained conditional permanent residence based on marriage. In order to remove the conditions, they must file this petition with U.S. Citizenship and Immigration Services (USCIS). This article will provide an overview of the form and its purpose, instructions for filing it, and common questions related to it.

Form I-751 is used by those whose lawful permanent resident status was granted based on marriage for two years or less. This form is the only way that these immigrants can extend their status beyond that initial two year period and obtain unconditional permanent residence in the United States.

Who Can File Form I-751?

Any immigrant who has been granted conditional permanent residence status based on marriage for two years or less may file this form with USCIS in order to remove the conditions of their residence. This includes those whose spouse is a U.S. citizen or lawful permanent resident and those whose divorce from their former spouse was finalized after they received conditional residency status but before their current petition was approved by USCIS.

Instructions For Filing Form I-751

Those wishing to file Form I-751 must do so within 90 days prior to expiration of their current conditional residency card and must submit all of the necessary documents along with proof that they are still married to their original sponsor at the time of filing . Once submitted, USCIS will review the application and either grant or deny removal of conditions on residence. If approved, then an immigrant will receive a new, unrestricted green card valid for ten years from date of issuance.

What Evidence Do I need to submit with USCIS form I-751

• As much of the following types of bonafide evidence as possible – this list is non-exhaustive:
  • Birth certificates of any marital children – if any.
  • Copies of past joint tax returns.
  • Any joint financial statements – checking accounts, credit cards, stock accounts.
  • Any joint deeds, mortgages, leases, rents, etc.
  • Any joint insurances (health, homeowners, vehicle ), car registrations.
  • Any joint wills, trusts, or any other financial planning documents.
  • Pictures of you two since the green card was issued – best to give pictures of events with other people ( Holidays, trips, etc.
  • Any travel records showing you traveled as a couple.
  • Ticket stubs with names from events you may have gone to.
  • Letters and affidavits from family, friends, church.

How Much does it cost to file form I-751

USCIS Form I-751 : $750.00 for a paper filing or $700.00 for e-filing

What is the typical timeline for Removal of Conditions on Residence?

(Please note this timeline may vary due to Covid-19 or other backlogs)

How can I prepare for the I-751 Removal of Conditions Interview? What questions can I expect?

Your I-751 Immigration Lawyer will prepare you for the specific topics to be discussed at your interview, but in general, you should keep the following in mind:

• Dress Professionally
  • Suit and tie for men if possible or at least a button down shirt and slacks.
  • Professional dress or suit for women.
  • No flip flops or jeans
• Arrive at your USCIS local office early. The time on your interview letter is the time of the actual interview, please allow at least 30-60 minutes to get through security and to check in.
• When you arrive to the local USCIS field office, present the security personnel your appointment letter and your valid ID (passport, DL or EAD Card.) Once you get through security, there is usually another reception desk where you check in and are usually assigned a number.
• At some point you will be called by name or number and will be taken to your interview location.
• When you are in the office with the interviewer, be polite and do not sit until asked to.
• The officer will ask you for your appointment letter and your passport.
• You will then be asked to raise your right hand and to swear to tell the truth and nothing but the truth.
• The questions that the officers ask may not always be the same and may not necessarily be in the following order, but usually they are as follows:
• Most officers begin be reviewing the I-130 form. They will ask your name, address, date of birth, etc and everything that is on the form. Please review the form and familiarize yourself with the questions. If there are answers that are incorrect or misspelled on the form, the officer will correct them. This is normal and part of the process.
• The officer may ask your spouse the information on the form relating to you and vice versa. For example, they may ask your spouse for your Date of Birth, or Place of Birth.
• If you do not understand a question, tell the officer, they will rephrase it.
• At any point, the officer may ask to see documents pertaining to the petition, so be ready to present them.
• After the officer reviews the form, they normally start asking questions about your relationship with your spouse. Below are some typical types of questions asked. Please note, that each interview is different, so the questions you receive may not be the same:
  
  • How did you meet your each other?
  • How long did you date before you became a couple?
  • When did you decide to get married?
  • Why did you get married?
  • Was there a proposal? Who proposed?
  • Where was the wedding?
  • Who was at the wedding?
  • What does your family think of your spouse?
  • If there are significant differences in Age, Race or Religion, the officer may ask questions to address those topics.
• At this point in the interview, the officer may ask to see evidence of your relationship – sometimes called the bonafides. This is when you show your joint documents and pictures. Examples of joint documents include: birth certificates of marital children, joint house deeds, mortgages, car loans, insurances, bank accounts and utility bills.

What if we are split apart during our I-751 Removal of Conditions Interview ?

Sometimes, couples are separated during the I-751 interview process. The most common reasons for this are:

1. Lack of bonafide evidence – not enough joint documents
2. Suspicious case – i.e. someone called in and said your case was fraudulent, you do not live together, multiple red flags etc…
3. Randomly selected for a more thorough separated interview.

If you are split during the interview, usually one spouse is asked to go back to the lobby while the other stays behind and is questioned. The officer will normally ask the spouse in the interview room about 10 or so questions, many times along the lines of:

1. Where did you meet?
2. Where was your wedding?
3. How many people were at your wedding?
4. Did you have a reception?
5. Where was the reception?
6. At your home, do you have a refrigerator? Does it have an ice maker?
7. What color is the comforter in your master bedroom?
8. Do you have any pets? What kind?
9. What did you guys eat for dinner last night?
10. How did you spend the last weekend?

Once the officer asks the first spouse these questions, he will then call the other spouse back in and ask the same questions and compare the answers. The answers may not be 100% exact, but should be close. The questions asked are not something you need to prepare for or study, they will not be trick or gotcha questions. They are questions that a normal couple should be able to answer about themselves without preparation.

• When the Adjustment of Status interview is over, the officer may ask for additional details or evidence in order to complete the petition. This is fairly common and nothing to worry about. Speak to your Portland Immigration Lawyer about any additional requests or concerns. The case usually gets approved shortly after we address their requests. If the officer has no requests, they will normally send out a decision letter in a few weeks.

Additional I-751 Interview Tips:

• When answering, answer out loud, yes or no. “Ahem” or shaking the head is not acceptable.
• Be organized. The more you are organized, the easier the interview will be.
• Do not joke with the officers.
• Be polite.
• If the officer is rude, be patient. If it becomes excessive, you may ask for a supervisor, but this is not common.
• Do not bring electronics, weapons or sharp objects.

What do I have to bring to my
I-751 Removal of Conditions Interview?

Always be sure to speak to you Immigration Lawyer about what to bring to the interview, but in general, the following items should be collected and brought to the USCIS Office:

Bring Originals of:

• Interview Notice
• Government ID of US Citizen (Driver’s License, Passport etc.)
• Government ID (Driver’s License) of Foreign Applicant
• Employment Authorization Card / Travel Permit
• Marriage Certificate
• Any records of prior criminal arrests. IF YOU HAVE A CRIMINAL RECORD, BE SURE TO DISCUSS IT WITH YOUR IMMIGRATION LAWYER
• BONAFIDES: Bring Originals and Copies for USCIS to keep:
  • Joint Documents showing relationship:
  • Birth Certificates of any biological children of the marriage
  • Checking accounts, medical records, school records, utility bills, insurances, wills, trusts, junk mail with both names, etc…
  • And/ or Affidavits of relationship
  • Photos of Couple together – i.e. trips, wedding, etc.
  • Some officers like to see the past 12 months of joint checking / savings accounts – so try to bring those if possible.

More questions? Get Your Free Initial Consultation with an Immigration Lawyer Today:

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Reviewed For Accuracy By:

Mario Musil, JD, MBA
Immigration Attorney

Licenses:

Florida Bar
Oregon Bar

Memberships:

American Immigration Lawyers Association

Education:

• Bachelor of Science – Business Management- Florida Gulf Coast University, 2005
• M.B.A. – Florida Gulf Coast University, 2006
• Juris Doctor – Florida State University, 2008