How to Remove Conditions on a Green Card Obtained Through Marriage
- 1). Fill out Form I-751. This form can be downloaded from the U.S. Citizenship and Immigration Services (USCIS) website and is linked in the resources section. Write also in the form the names of your dependent children who entered the United States within 90 days of your arrival. If your child arrived after this period, he should fill out a separate form.
- 2). Prepare evidence. Attach a copy of each applicant`s Permanent Resident Card or Alien Registration Card. Submit as many documents as you can to prove your relationship such as birth certificates of your children, records of joint financial assets or affidavits sworn to by at least two people who have knowledge of your marriage. Include criminal records, if applicable.
- 3). Submit additional items if residing overseas. If you live overseas because of military or government orders, submit two passport-style photos for all applicants and two fingerprint cards for applicants between the ages of 14 and 79. The fingerprint cards will be prepared by the embassy or consulate or U.S. military installation.
- 4). Prepare check payment. Pay the fee of $545 ($465 plus $80 biometric fee, as of May 2010) in check or money order to the U.S. Department of Homeland Security. For Guam residents, make it payable to "Treasurer, Guam." For applicants in the U.S.Virgin Islands, make it payable to the "Commissioner of Finance of the Virgin Islands." If you live outside the United States, contact your nearest embassy or consulate. Pay additional biometric service fee for each dependent.
- 5). File application jointly with your spouse. You and your spouse should sign the form and submit it along with the documents and check payment within 90 days before the second anniversary of your arrival in the United States. Mail your petition to the USCIS service center for your area as indicated in the Form I-751 instructions linked in the resources section.
- 6). Request a waiver for joint filing, if applicable. You can request USCIS to waive the joint filing requirement if your spouse died, you were divorced or you were battered by your spouse. You can also seek a waiver if your removal from the United States would result in tremendous hardship. Form I-751 has a portion for this waiver. However, you are required to submit documents to prove your claims.
- 7). Wait for the decision. The USCIS will notify you in writing of its decision.