how to file form i 751 no lawyer

How to file Form I-751 To file for a removal of conditions on your green card, you must follow three simple steps. First, download and complete Form I-751, then organize your supporting documents and fee, and them mail the package to U.S. Citizenship and Immigration Service (USCIS

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Full Answer

How long does it take after filing form I-751?

After filing the Petition to Remove Conditions on Residence, your I-751 processing time can take anywhere from 12 to 18 months. The completeness and thoroughness of your petition package will be a significant factor. This is an approximation. It may be shorter for some and longer for others.

How long does it take to process I-751?

If you submit your own I-751 form, it will take 6-8 months to process; however, if your spouse submits the waiver application, it can take up to 12 months. A waiver application undergoes a more stringent screening process and often requires an interview.

What if I fail to submit form I-751?

If you fail to file the Form I-751 in time, USCIS will try to remove you from the country. But you can still apply for the removal of conditions on residence if you provide enough evidence to USCIS to prove that the circumstances prevented you from filing in time.

When can I file for my I-751?

While joint i-751 petitions must be filed within 90 days of the date that your original conditional permanent residence expired (unless you establish good cause and extenuating circumstances), i-751 Waiver based petitions may be filed at any time, as long as a U.S. Immigration Judge has not entered a final order of removal against you.

Can I file I-751 without attorney?

No, if you are a Lawful Permanent Resident (“Green Card holder”) with a conditional (“temporary” or “2-year”) Green Card holder, you do not need to hire an attorney to help you with the filing for USCIS Form I-751, Petition to Remove Conditions of Residence.

Does affidavit for I-751 need to be notarized?

The letter does not need to be notarized, but it is important to include a sworn statement that states, “I swear, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge.”

Is it possible to get a green card without a lawyer?

U.S. Immigration law does not require you to have a lawyer represent you for a green card. If you are already married, then the person who is already a U.S. citizen will petition for their partner. If this is the case, you must fill out three forms for a marriage green card.

Can I-751 be filed online?

Who can file Form I-751? People with conditional Green Card obtained through marriage can file Form I-751. It may be filed online and you may also choose to complete and file the paper version of this form.

How many photos do I need for i-751?

Information About Your Children of the petition, must submit the following items with Form I-751: 1. Two passport-style photos for each petitioner and dependent, regardless of age. The passport photos must be color photographs.

What documents should I send with Form I-751?

The documents may include, but aren't limited to, the following examples: Birth certificate(s) of child(ren) born to the marriage. Lease or mortgage contracts showing joint occupancy and/or ownership of your communal residence. Financial records showing joint ownership of assets and joint responsibility for liabilities.

Can I file green card myself?

Applying for Green Card through Self Petition. Eligible applicants for green card through self petition may apply for permanent residency through one of two ways: Consular Processing: Applying while living outside the US. Adjustment of Status: Applying while living in the US.

Can I self sponsor green card?

There are also ways to get a green card without a US company sponsor. Two of these ways are: (1) the EB1A visa; and (2) the National Interest Waiver. Through both of these options, you do not need a job offer and you do not need a company to file an immigrant visa petition on your behalf.

Can immigration lawyer speed up process?

The immigration process can be intimidating and take a long time, but hiring an immigration attorney to support you with your case can speed up the process and help you meet your goals.

How do I send I-751 package?

0:165:17I-751 Removal of Conditions Packet (Approved) - YouTubeYouTubeStart of suggested clipEnd of suggested clipSo the first thing we have is the i-75. One cover letter alright this is just everything we'reMoreSo the first thing we have is the i-75. One cover letter alright this is just everything we're compiling. And putting into the packet to send to the USCIS. On the back is just telling them to inquire.

Can I apply for citizenship if my i-751 is pending?

However, many conditional residents wonder whether or not they may pursue the Naturalization process while they have an I-751, Petition to Remove Conditions on Residence, pending adjudication with the USCIS. The short answer is yes, they can!

Can I work while I-751 is pending?

Yes, you can work while its pending. You can file 90 days prior to expiration of your conditional residence. Your receipt for the I-751 gives you both travel and employment authorization...

How to pay USCIS lockbox fee?

You may pay the fee with a money order, personal check or cashier’s check. When filing at a USCIS lockbox facility, you may also pay by credit card using Form G-1450, Authorization for Credit Card Transactions. If you pay by check, you must make your check payable to the U.S. Department of Homeland Security.

Is the I-751 fee refundable?

When you send a payment, you agree to pay for a government service. Filing and biometric service fees are final and non-refundable, regardless of any action we take on your application, petition, or request, or if you withdraw your request. Please do not submit this checklist with your Form I-751.

How to file an I-751?

Along with the I-751 Form, you'll need to submit the following documents to USCIS: 1 A copy, front and back, of your Alien Registration Card (otherwise known as a green card). 2 Proof of a good faith marriage (described below). 3 If you're requesting a waiver of the joint filing requirement, documents supporting your request (described below). 4 If you have undergone a legal name change, the court order indicating the change. 5 If you have a criminal or drug history, documents explaining what happened. Get a lawyer's help with this, as such acts can easily lead to your being denied a green card.

What documents are needed to prove a foreign born spouse?

If you are the foreign-born spouse, and you have children, copies of their birth certificates (these are an especially strong form of evidence). Documents showing the married couple's joint ownership of assets or properties, such as insurance policies, tax returns, checking, savings, and investment accounts, and tax returns.

How long does an I-751 last?

conditional resident based on either your or your parent's marriage to a U.S. citizen, your status as a conditional resident lasts only two years.

Can I file an I-751 with my spouse?

If you are unable to file Form I-751 jointly with your U .S. citizen spouse or parent due to death, divorce, abuse, or certain other circumstances, you may seek a waiver of the joint filing requirement.

Do I need to attach a document to an I-751?

But it's important to attach adequate documents to support your Form I-751, as described in this article. Some of these documents are fairly standard, but in other cases, you'll need to pick and choose which types of documents will best support your claim for permanent residence.

Summary

U.S. Citizenship and Immigration Services (USCIS) will give you a conditional green card if your marriage was less than two years old when you applied for permanent residence. Conditional green cards are not valid for as long as regular green cards. You will have to eventually ask U.S.

What is Form I-751?

Form I-751 is officially named "Petition to Remove Conditions on Residence." It is an application to change a 2-year conditional green card into a 10-year green card.

When should you file Form I-751?

The right time to file Form I-175 depends on whether you are filing with your spouse and whether your current conditional green card has expired.

How to file Form I-751

To file for a removal of conditions on your green card, you must follow three simple steps. First, download and complete Form I-751, then organize your supporting documents and fee, and them mail the package to U.S. Citizenship and Immigration Service (USCIS).

What happens after you file Form I-751?

After you file Form I-751, you will receive a notice that confirms that U.S. Citizenship and immigration Service (USCIS) received it. This receipt is called Form I-757. You can extend your green card's validity for up to 18 months by presenting both your conditional green card and Form I-797 when you need to prove your residence.

Conclusion

Filing Form I-751 can be complicated, but working with a good immigration attorney can make it easier. If you can't afford the attorney fees and don't want to handle your green card case alone, we may be able to help. If you are eligible, our free web app will walk you through the process and help you prepare and file your application with the U.S.

When to file I-751?

File I-751 with evidence that you have initiated the divorce proceedings (and perhaps copies of scheduled court dates related to the divorce) Wait to file I-751 until conditional resident status has expired and you are placed into removal proceedings.

What documents are required to file an I-751 waiver?

To file Form I-751 with a waiver to the joint filing requirement, the following items should be included in the package: A copy of the divorce decree or annulment document that ended your marriage. (If not available, include evidence that the divorce proceedings have started.)

How long does it take for a green card to be extended?

In most cases, USCIS will mail a receipt notice (Form I-797C) that extends the conditional resident’s green card for an additional period of time (usually one year). USCIS will also issue a “Request for Evidence” at a later date that asks for the final divorce decree when available.

Can I file Form I-751 with a waiver?

If the conditional resident chooses to file Form I-751 with a waiver based on divorce , USCIS will want proof that the marriage has been terminated (e.g. divorce decree or annulment) before it is granted. Therefore, it is helpful to your case to provide evidence that the divorce has been initiated.

Do you have to prove good faith marriage to USCIS?

Therefore, USCIS needs the petitioner to prove his or her own good faith marriage by presenting evidence. Anyone attempting to file to remove the conditions on residence with a waiver after divorce needs to understand that there is still an important requirement to prove a good faith marriage.

Is a 751 waiver a free pass?

The I-751 waiver after divorce is not a free pass; you’ll need to prove your intentions were honest when you entered the marriage.

Can I get a 751 waiver after divorce?

The I-751 waiver after divorce provides a solution to this difficult situation. USCIS will allow a conditional resident to remove conditions on residence after divorce or other events that make it impossible to file a joint petition with the spouse through whom he or she gained conditional residence. In these cases, the conditional resident must ...

How to request a waiver based on abuse?

To request a waiver based on abuse, you will (on the 12/02/19 version of Form I-751) need to check box 1.e. under Part 3, in the section called Waiver or Individual Filing Request. The waivers mentioned on this form are not exclusive of each other. Go ahead and check all that apply to your situation.

What is joint petition?

The joint petition is signed by both spouses, and accompanied by a filing fee (or fee waiver on Form I-912) as well as supporting documents to show a bona fide marriage. If, however, your sponsoring U.S. spouse (or parent) has abused you, then for obvious reasons, that person may not cooperate in helping you fill out or sign the joint petition. ...

Can I file an I-751 without my spouse?

How to Request Abuse-Based Waiver When Filing I-751 Without U.S. Spouse. An abused spouse can file Form I-751 to receive permanent residence on his or her own, by combining it with what's commonly called a “battery/cruelty” waiver. By Rebecca Schach, Attorney. Updated: May 14th, 2020.

Do you have to be divorced to get a battery waiver?

This option is commonly called the “battery/cruelty” waiver. The law does not require the immigrant to be divorced or even separated from the U.S. spouse when applying for this waiver.

Can an affidavit be translated?

Like your own statement, an affidavit should be signed under penalty of perjury and be followed by the individual’s printed name and signature. If an affidavit or statement is written in a language other than English, you must also provide a word-for-word translation.

What happens if I don't get my I-751?

Once USCIS receives your I-751, it will review it for completeness. It something is missing, it will send you a request for additional evidence or materials (such as fees ). If not, within a few weeks (normally), it will send you a Form I-797C Notice of Action at the mailing address you provided.

How much is the I-751 2021?

You will also need to pay a fee to submit it. (It was $595 in 2021, but check USCIS's I-751 page for the latest.) Most of the information that Form I-751 asks for is straightforward. The instructions below refer to the 12/31/2019 version of form.

What to do if your ex-husband doesn't share joint documents?

If you and your ex-spouse do not share joint documents, or your case presents other “red flags”, you might want to include letters from friends and family who can verify that you and your spouse entered into a “good faith” marriage.

What was the purpose of the immigration law relating to foreign spouses?

When Congress passed the immigration law relating to foreign spouses, it was quite concerned about marriage fraud: that is, weddings held for the primary purpose of getting the foreign-born spouse a U.S. green card. The legislators figured that, given the difficulties of maintaining a fake marriage (in which one is expected to live together, ...

How long do you have to file a joint petition if you are no longer married?

spouse is deceased or abusive, or there's some other problem but you would face "extreme hardship" if returned to your country of origin, you do not need to worry about the 90-day period.

What is the key part of a waiver?

The key part of the waiver is that the immigrant must prove that the marriage started in “good faith” and has since ended in a final divorce. Thus anyone applying for a waiver will need to supply slightly different sorts of documents, including:

Do I need a divorce to file an I-751?

Contact a local family law attorney or state court self-help center for state-specific information. Fortunately, you do not need to have a final divorce before you file the Form I-751.

Who should I retain for a 751?

You should retain the services of a qualified and experienced immigration attorney to fully assess your case and to properly prepare the FORM I -751 with the adequate support documentation for a successful outcome.

Can I file for marriage on I-751?

There is only one answer to your question: Absolutely, yes! It is one of the most complex applications one files with USCIS. They are easily denied and recently, many cases are referred for an I-751 interview, where you entire marriage is put to the test. I would hire the most experienced immigration attorney you can find in your area to help you to navigate this difficult process.

Should I use an immigration attorney?

You should always use an experienced immigration attorney whenever you apply for an immigration benefit. If you proceed without an attorney and err, it will be far more costly and more stressful to fix it, and there is guarantee you will be able to do so. Do it right the first time. Use a lawyer. Good luck...

Can I file a 751 on my own?

You may be able to successfully file the 751 on your own but remember what you do next will influence the rest of your life and mistakes, even innocent mistakes, can have serious consequences. Immigration attorneys are familiar with the process and with preparing the 751 and all of the supporting documentation. I suggest that it is in your best interest to contact an immigration attorney to assist you. You can find one in your area at the Find a Lawyer section of this website. Good Luck.