Read the instructions on the form carefully. Petitions should be sent to the Service Center that serves the area where you live.  Forms are available online, or by calling 1-800-870-3676, or by submitting an online request to receive forms by mail. Further information on forms, filing fees, and fee waivers is available in Forms, Fees & Filing Locations. 

For more information, return to: Removing Conditional Resident Status (from Marriage)

1. If you are filing a joint application with your spouse, you must submit the following:

• Form I-751 (Petition to Remove the Conditions on Residence) signed by both you and your spouse
• Copy of USCIS Form I-551 (Permanent Resident Card)
  
• Evidence that you did not get married to evade the immigration laws of the United States. Examples of such evidence includes, but is not limited to:
• Leases showing that you and your spouse live in the same place
• Documents that prove that you and your spouse own property together
• Birth certificates of your children

2. If you are a widow or a widower, you must submit the following:

• Form I-751 (Petition to Remove the Conditions on Residence)
• Copy of USCIS Form I-551 (Permanent Resident Card)
• Evidence that you did not get married to evade the immigration laws of the United States. Examples of such evidence includes, but is not limited to:
• Leases showing that you and your spouse lived in the same place
• Documents that prove that you and your spouse owned property together
• Birth certificates of your children
• Copy of your spouse's death certificate.

3.If your marriage was terminated other than by the death of your spouse, you must submit the following:

• Form I-751 (Petition to Remove the Conditions on Residence)
• Copy of USCIS Form I-551 (Permanent Resident Card)
• Evidence that you entered in the marriage in good faith, and not to evade the immigration laws of the United States. Examples of such evidence includes, but is not limited to:
• Leases showing that you and your spouse lived in the same place
• Documents that prove that you and your spouse owned property together
• Birth certificates of your children
• Copy of your divorce or annulment decree
• Evidence that you were not at fault in failing to file the petition on time, if applicable.  

4. If you or your child were battered or subjected to extreme mental cruelty by your spouse, you must submit the following:

• Form I-751 (Petition to Remove the Conditions on Residence)
• Copy of USCIS Form I-551 (Permanent Resident Card)
• Evidence that you entered the marriage in good faith and not to evade the immigration laws of the United States. Examples of such evidence includes, but is not limited to:
• Leases showing that you and your spouse lived in the same place
• Documents that prove that you and your spouse owned property together
• Birth certificates of your children; or
• Expert testimony proving that you or your child were battered or subjected to extreme mental cruelty. Examples of such testimony includes, but is not limited to:
• Copies of police and medical records detailing evidence of physical abuse
• Evaluations by clinical social workers and psychologists showing evidence of mental cruelty
• Copy of your divorce decree if your marriage was terminated because of physical abuse or mental cruelty.
• Evidence that you were not at fault in failing to file the petition on time, if applicable.
• Evidence that the termination of your conditional resident status and your removal from the country will cause you extreme hardship, includes but is not limited to the following:
• Form I-751 (Petition to Remove the Conditions on Residence)
• Copy of USCIS Form I-551 (Permanent Resident Card)
• Evidence that your deportation would cause greater hardship than the hardships created when other aliens are removed from the United States.

However you should note that in evaluating the claim that your removal from the United States will cause you extreme hardship, the USCIS will only consider factors which arose after the date you obtained your conditional permanent residence.

5. If you are a child filing separately from your parents to remove the conditions on your permanent residence, you must submit the following:

• Form I-751 (Petition to Remove the Conditions on Residence)
• Copy of USCIS Form I-551 (Permanent Resident Card)
• A written explanation of why you are filing separately from your parents, and any supporting documentation.

The information provided in this website is not legal advice and should not be interpreted as legal advice. This website is intended to provide a basic understanding of this information in summary form. This information may not be comprehensive, is subject to change, and may not apply to all individual circumstances. Any information received here should be confirmed with the appropriate government agencies or with an attorney, particularly as it relates to your individual circumstances. Your use of this website indicates your agreement to be bound by our Terms of Use.