What Is Removal of Conditions?
A person’s permanent residence status will be conditional if it is based on a marriage that was less than two years old on the day they were given permanent residence.
A person is also given conditional resident status on the day they are lawfully admitted to the United States on an immigrant visa (having been married less than two years and entering on a CR-1 Visa).
A person’s permanent resident status is conditional, because they must prove that they did not get married to evade the immigration laws of the United States.
Do You Qualify For ROC?
If you are filing jointly, the I-751 form must be filed within the 90 days just preceding the expiration date on your permanent residence card (green card).
If you and your spouse live outside the United States on orders of the U.S. Government during the period in which the petition must be filed, you may file it within 90 days of your return to the United States.
It is very important to file the I-751 within the correct window of time, and be sure not to file it before the 90-day window.
If you file it too early, USCIS will return your application. You may file at any time during the 90 day window, but it is prudent to file as early in the window as you can.
If you fail to properly file the Form I-751 (Petition to Remove the Conditions on Residence) within the 90-day period before your second anniversary as a conditional resident, your conditional resident status will automatically be terminated and the USCIS will order removal proceedings against you.
You will receive a notice from the USCIS telling you that you have failed to remove the conditions on your green card, and you will also receive a Notice to Appear at a hearing.
At the hearing you may review and rebut the evidence against you. You are responsible for providing proof that you complied with the requirements (the USCIS is not responsible for proving that you did not comply with the requirements).
The USCIS may send a reminder to file this petition on time, however you should not rely on this reminder — postal delivery is never without faults. Not receiving the letter is not an excuse for filing late.
Forms Needed To File For ROC
Cover Sheet [download]
I-751 Petition To Remove The Conditions on Residence [download]
For a conditional resident who obtained status through marriage to apply to remove the conditions on his or her residence.
Copy Of Your Green Card
(Front and Back) for the person filing to remove conditions (and any children)
Evidence of Bona fide Marriage
- Bank statements – print 4 statements per year since marriage
- Joint tax transcripts – last 2 years transcripts requested from the IRS
- Joint credit cards – must show both names and address
- Life insurance policies – must show each other as beneficiaries
- Investment accounts – must show both names/address
- Joint mortgage/deed to home – must show both names
- Joint health insurance – must show both names/address
**more examples of evidence below
Assembling The I-751 Package
Payment: as required by USCIS. Use a personal check so you can track the payment. Money Orders are also accepted. Make check payable to U.S. Department of Homeland Security (Fee $595.00 + 85 Biometrics = $680)
Form I-751: Petition for Alien Relative [download]
A copy of petitioner’s proof of permanent residency. (green card)
Evidence of a bonafide marriage (see examples below)
Make a copy of the entire I-751 petition for your own records.
Evidence of Bona Fide Marriage
Include the following to show co-mingling of finances:
- Bank statements
- Joint tax transcripts
- Joint credit cards
- Life insurance policies
- Investment accounts
- Joint mortgage/deed to home
- Joint health insurance
Other types of good evidence that you should include:
- Joint apartment lease
- Joint car ownership
- Joint car insurance
- Joint loans/debt
- Utility bills in both names
- Cell phone family plans
- Family photos together
- Itineraries for trips together
Where to Send Your I-751 Packet
If you live in:
Alaska, American Samoa, Arizona, California, Colorado, Florida, Guam, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Louisiana, Michigan, Minnesota,, Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, Ohio, Oklahoma, Oregon, South Carolina, South Dakota, Tennessee, Texas, Utah, Washington, Wisconsin, Wyoming
USCIS California Service Center
P.O. Box 10751
Laguna Niguel, CA 92607-1075
If you live in:
Alabama, Arkansas, Connecticut, Delaware, Washington, D.C., Georgia, Kentucky, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New York, North Carolina, Pennsylvania, Puerto Rico, Rhode Island, Vermont, Virginia, U.S. Virgin Islands, West Virginia
USCIS Vermont Service Center
75 Lower Welden Street
P.O. Box 200
St. Albans, VT 05479-0001
Only send copies of these documents, you will need to bring the originals to the interview.
What Happens After You Send Your I-751
The I-751 form and accompanying documents are mailed to either the USCIS California or Vermont Service Centers depending on your state of residence. Use certified mail or priority mail with delivery confirmation, and write “Attention: I-751 petition to remove conditions of status” on the envelope under the address.
You will receive a notice of receipt (NOA) for the form stating that “Your alien card is extended one year – employment and travel authorized“. Keep this letter with your old green card.
If you are not approved within a year of this letter, you will need to make an InfoPass appointment at your Local Office to request an I-551 stamp in your passport extending your conditional permanent resident status.
This extension letter is your only evidence of legal status so keep it in a safe place.
You may or may not be called for an interview after you submit the I-751 petition. You may be required to do a biometrics (photo and finger prints) at your local application service center (ASC) before the interview is scheduled.
If you are selected for an interview, it will be at your local USCIS office and will be given a time and date on the interview letter you received.
If you are not required to have an interview, your new Green Card will be mailed to you. I-751 cases are generally completed in 6-12 months.
Once you receive the 10-year green card, it should be renewed every 10 years or you can apply for naturalization (U.S. citizenship) when eligible.