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  3. When to File Form I-751

When to File Form I-751

If we granted you conditional permanent resident status through marriage to a U.S. citizen or lawful permanent resident, use Form I-751, Petition to Remove Conditions on Residence, to file for the removal of those conditions.

When to File Your Form I-751

If Then
You are filing with your U.S. citizen or lawful permanent resident spouse (called “filing jointly”). You must file your Form I-751 during the 90-day period immediately before your conditional residence expires. See below for our Filing Date Calculator.
You were not included in your parent’s petition and are filing a separate joint petition with your U.S. citizen or lawful permanent resident stepparent. You may file at any time before your conditional permanent resident status expires.
  • You or your parent entered into the marriage in good faith, but your spouse or stepparent subsequently died;
  • You or your parent entered into the marriage in good faith, but the marriage ended through divorce or annulment;
  • You entered into the marriage in good faith, but either you or your child were battered or subjected to extreme cruelty by your spouse;
  • Your parent entered into the marriage in good faith, but you were battered or subjected to extreme cruelty by either your parent or your parent’s spouse; or
  • Termination of your status and removal from the United States would result in extreme hardship.

You may file your Form I-751 individually, or with a request to waive the joint filing requirement depending on the circumstance, at any time before your conditional permanent resident status expires.

Divorce or annulment proceedings must be completed before you file.

How to Determine When to File

To determine when you can file, begin by identifying the date your conditional residence expires.

You can find the date your card expires on your Permanent Resident Card.

For example:

If the Expiration Date on Your Permanent Resident Card (Commonly Called a Green Card) is…

Then the Earliest Filing Date for Form I-751 If You Have Met All Other Eligibility Requirements is…            
July 4, 2020 April 5, 2020 (90 days before July 4, 2020)

Use the Filing Date Calculator

If you are filing jointly and required to file within 90 days of your conditional status expiring, you may use this calculator to ensure you submit your jointly filed Form I-751 within the 90-day window

For example: 07 04 2020
 
 
Last Reviewed/Updated:
09/06/2022
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