Who Has a Conditional Green Card?
If you were married to a US citizen for less than 2 years when your green card was approved, you received a 2-year conditional permanent residence card. Conditional residents have the same rights as permanent residents, but the card expires in 2 years and conditions must be removed.
EB-5 investor green cards may also be conditional (I-526 investors remove conditions via I-829, not I-751).
You must file I-751 within the 90-day period immediately before your conditional green card's 2-year expiration date. Filing too early or missing the window can result in serious consequences including removal proceedings. Check the expiration date on your card — it is the filing window deadline.
Joint Petition vs. Waiver
You and your sponsoring spouse file I-751 together, showing the marriage is bona fide and ongoing. This is the most common scenario.
You may file without your spouse if: (1) the marriage ended in divorce/annulment, (2) you were abused or subjected to extreme cruelty, or (3) removal would cause extreme hardship.
Evidence for Joint Petition
USCIS evaluates whether your marriage is genuine. Strong evidence includes documents showing shared life during the 2-year conditional period:
- Joint bank account statements
- Joint lease, mortgage, or property deed
- Joint tax returns (Form 1040)
- Insurance policies listing both spouses (health, auto, life)
- Photos together over time
- Birth certificates for children born of the marriage
- Affidavits from people who know the couple
- Correspondence, travel records, and any other evidence of cohabitation
Evidence for Waiver Petitions
- Divorce waiver: Final divorce decree; evidence marriage was entered in good faith
- Abuse waiver: Police reports, medical records, restraining orders, declarations from witnesses, photos of injuries
- Extreme hardship waiver: Evidence of ties to US, country conditions in home country, medical conditions, financial hardship
2026 Filing Fees
| Filing | Fee |
|---|---|
| I-751 — online filing | $700 |
| I-751 — paper filing | $750 |
| Biometrics | Included |
| Child filing separate I-751 (online) | $700 per petition |
Step-by-Step Process
Your conditional green card expires exactly 2 years from the date of approval. The filing window opens 90 days before that expiration date. Mark your calendar.
Collect at least 2–3 years' worth of joint documents. More evidence is better. Organize chronologically.
File online or by mail. Online filing (myUSCIS) saves $50. Include all evidence, the filing fee, and passport-style photos.
USCIS sends a receipt notice extending your green card status by 24 months while processing. Keep this notice with your expired green card — together they serve as proof of continued LPR status for employers and travel.
USCIS may schedule a biometrics appointment and/or interview. Waiver petitions are more likely to require an interview. Joint petitions with strong evidence are often approved without an interview.
Upon approval, USCIS removes the conditions and mails your new 10-year permanent resident card (or I-551 stamp if needed immediately).
What If You Miss the Window?
If you do not file I-751 before your conditional green card expires, your LPR status automatically terminates and USCIS may initiate removal proceedings. You may still file I-751 late with a written explanation — USCIS can excuse a late filing for "good cause." However, this is a serious situation that warrants consulting an immigration attorney.
Processing Time
I-751 processing currently takes 24–36 months at most service centers. The receipt notice extends your status while you wait — this is normal. Check current processing times at uscis.gov/processing-times.