Why do I Fill In This Form I -751?
Of the many ways through which a person can obtain a green card, marriage to a US citizen is one. In short if you had obtained your conditional resident status through marriage to a US citizen you will then need to apply to the USCIS to remove the conditions attached to your green card with the form I 751 immigration form.
Green card issued based on a marriage to a US citizen are conditional in nature for a period of two years. This immigrant visa category is called as Conditional Resident. With the expiry of the schedule two years the conditional resident period is automatically over and you will be subject to deportation or removal.
To avoid this you need to fill out the I 751 immigration form 90 days or less before the permanent residence expires.
Once you have filed the I 751 immigration form with the USCIS, they extend your permanent residence for 1 year until the request to remove the conditions is either approved or denied. It is important to note that the onus lies on the applicant to prove that the marriage was not a sham to obtain a green card.
If you have dependent children who have acquired conditional resident status concurrently with you and have entered the United States within 90 days of your arrival, then you must include their names and A-Numbers of these children in part 5 of the I 751 immigration ins form to have their conditional resident status removed.
If you have dependent children who acquired their conditional resident status after 90 days from the date of your adjustment or if the conditional parent is deceased, then those children must file the form I 751 separately.
The timing of filing the I 751 immigration form is important.
If you are filing this form jointly with your wife, then you must file it during the 90 days immediately before the second anniversary of the date you were given conditional resident status. For all practical purpose this is the date on which your conditional resident status expires.
You should file the form I 751 to prove that your marriage was not a sham. To prove this you can attach as many documents that you wish to establish this fact. Your documents may include:
a. Birth certificate(s) of child(ren) born out of the marriage.
b. Mortgage or lease contract showing joint occupancy.
c. Any other documents as proof to establish that your marriage was not entered into to evade the US Immigration laws.
d. Affidavits sworn by at least two persons.
Once the application is accepted it will be checked for its correctness. If you do not fill out the form completely you will not establish a basis for eligibility and the USCIS may deny your application.
The decision of the USCIS will be notified to you in writing.
The filing fee associated with the I 751 immigration form is $465 with an additional $80 as bio-metric fee.
It is important that the form I 751 is filed within the proper window period of 90 days before your second anniversary as it will help you stay in status and also have your green card renewed further.