Navigating through immigration processes can often feel like a complex maze. However, when removing conditions from residency, attorney Wogwu aims to simplify this process for you. At Wogwu Law, we understand the critical nature of achieving permanent resident status in the United States. That's why we guide you through Form I-751, ensuring you do it right the first time. This guide is tailored for individuals and employers seeking clarity and direction on how to proceed with the removal of conditions on residency for immigrants.

What is Form I-751?

Form I-751, Petition to Remove Conditions on Residence, represents a significant milestone for conditional permanent residents who obtained their status through marriage to a U.S. citizen or lawful permanent resident. This form is an application designed to transition conditional residency into permanent residency. Doing so effectively removes the 2-year condition placed on the resident's status, marking a crucial step towards securing a stable future in the United States.

The necessity of filing Form I-751 comes from the U.S. government's efforts to prevent fraudulent marriages solely intended to circumvent immigration laws. As such, this process involves a thorough evaluation to ensure the marriage was genuine and entered into in good faith.

Critical Aspects of Form I-751:

• Purpose: The primary goal of Form I-751 is to provide conditional residents who have been married to a U.S. citizen or lawful permanent resident for two years with the opportunity to prove that their marriage is genuine and not intended to evade U.S. immigration laws.
• Timing: It's crucial to file Form I-751 within 90 days before the second anniversary of the grant of conditional residency. Filing within this window is mandatory to maintain your status and avoid possible removal proceedings.
• Evidence Required: Applicants must provide substantial evidence to demonstrate the legitimacy of their marriage. This includes, but is not limited to:
  • Joint bank statements and credit card bills
  • Lease or mortgage agreements showing cohabitation
  • Birth certificates of children born to the marriage
  • Joint utility bills
  • Photographs and travel itineraries that document the relationship
• Joint Filing Waivers: In certain circumstances, individuals may seek a waiver to the joint filing requirement if they are no longer married, are victims of domestic violence, or would face extreme hardship if removed from the U.S.
• Interview: While not always required, USCIS may request an interview to assess further the marriage's authenticity and the information provided in the petition.

Why Removing Conditions Is Essential

Conditional residency is granted to individuals based on their marriage to a U.S. citizen or permanent resident. This status is valid for two years, and removing conditions is necessary to avoid losing your residency rights. Failing to file Form I-751 within 90 days before your conditional residency expires can lead to undesirable consequences, including the risk of deportation. Attorney Wogwu emphasizes the importance of timely and accurate filing, ensuring you remain compliant with U.S. immigration laws.