When do I file Form I-751 to remove conditions on a marriage-based US green card?

Checked on 2026-10-25

Key facts

Who has conditions

The law (8 U.S.C. 1186a) makes permanent residence conditional when you got it as the spouse of a US citizen or permanent resident, or as a fiancé(e) of a US citizen, through a marriage entered into less than 24 months before the date you got that status. The conditions also apply to a son or daughter who got residence through that marriage. The regulation (8 CFR 216.1) says conditional residents otherwise have the same rights and duties as other permanent residents, including applying for naturalization if eligible.

The 90-day window

You and your spouse must file Form I-751 together during the 90 days immediately before the second anniversary of the date you became a resident (8 U.S.C. 1186a(d)(2)(A); 8 CFR 216.4(a)(1)). The USCIS I-751 page says a petition filed before the first day of the window may be rejected. The regulation says USCIS should send a reminder about 90 days before the anniversary, but not getting one does not excuse you from filing on time (8 CFR 216.2(c)).

If you don’t file in time, the regulation says your permanent residence ends automatically and removal proceedings start. USCIS can accept a late petition only if you explain in writing good cause for the delay (8 CFR 216.4(a)(6)); the statute requires good cause and extenuating circumstances (8 U.S.C. 1186a(d)(2)(B)).

Once the petition is properly filed, your conditional status is extended automatically until USCIS decides (8 CFR 216.4(a)(1)). The regulation also says you may file from outside the US, but you must return for the interview if one is required (8 CFR 216.4(a)(4)).

What to send

The petition must include evidence that the marriage was not entered into to evade immigration law. The regulation lists examples (8 CFR 216.4(a)(5)):

• documents showing joint ownership of property;
• a lease showing you live together;
• documents showing commingled finances;
• birth certificates of children born to the marriage;
• affidavits from people who know the relationship is genuine.

If you can’t file jointly

The USCIS I-751 page says you can file alone with a request to waive the joint filing requirement if your spouse died, the marriage ended in divorce or annulment after you entered it in good faith, you or your child were battered or subjected to extreme cruelty by your spouse, or removal would cause extreme hardship. A waiver request can be filed at any time before your conditional status expires.

Fee

The USCIS fee schedule (edition of 16 October 2026) sets the I-751 fee at $750 on paper and $700 online. There is no fee for a waiver request based on battery or extreme cruelty, and certain applicants may qualify for a fee waiver.

This is general information, not legal advice, and Lumen is not a law firm. Rules change and offices differ: check the official sources above before you act. Found something wrong or out of date? Write to support@lumen.observer.