Who this guide is for
- Conditional residents who received a 2-year card through marriage
- Couples organizing evidence before preparing Form I-751
Required basics
- A copy of the front and back of the conditional resident's Permanent Resident Card
- Copies of cards for any conditional resident children included on the petition
Evidence of a shared life
- Joint lease or mortgage, or proof of a shared address
- Joint bank, credit card, or utility accounts
- Joint tax returns or insurance policies listing each other
- Birth certificates of children born to the marriage
- Sworn or affirmed statements from at least two people who have known you both since you became a conditional resident
Questions about filling out Form I-751
Which box do I select in the basis for petition section?
Select one joint filing box if you are filing together with your spouse. If you cannot file jointly, select every waiver or individual filing reason that applies.
The waiver reasons on the form include a deceased spouse, a good-faith marriage that ended, battery or extreme cruelty, and extreme hardship. Choosing a waiver basis is a legal question; see the joint filing and waivers guide and consider speaking with an attorney.
Form section: Part 3. Basis for Petition · Edition 04/01/24
Can I include my children in my petition?
You can include dependent conditional resident children who obtained that status on the same day as you or within 90 days afterward.
If a dependent child obtained conditional residence outside that period, or the conditional resident parent is deceased, the instructions require a separate Form I-751 for that child. List eligible children in Part 5.
Form section: Part 5. Information About Your Children · Edition 04/01/24
Who signs a joint petition?
Both of you. You sign the petitioner's statement, and your spouse signs the spouse's section.
If you request a waiver or individual filing, your spouse's signature is generally not required. Missing required signatures can cause USCIS to reject the petition.
Form section: Part 7. Petitioner's Statement and Part 8. Signature of a Spouse · Edition 04/01/24
Important considerations
- Evidence that spans the whole period since you became a conditional resident is generally more helpful.
- Do not send originals unless USCIS asks for them.
- Check the current fee with the USCIS Fee Calculator; MimiDocu's preparation fee is separate.
When to consider legal help
Consider speaking with a qualified immigration attorney or accredited representative if your situation involves any of the following:
- Any arrest, criminal charge, or conviction, in any country
- Past or current removal (deportation) proceedings, or a prior removal order
- Unlawful presence, a prior visa overstay, or a past immigration violation
- Questions about whether you need a waiver or qualify for an exception
- Separation, divorce, or abuse during the marriage
Official USCIS sources
Fees, mailing addresses, form editions, and processing times change. Always confirm them on the official USCIS pages below before you file.
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MimiDocu is an independent document-preparation service. MimiDocu is not a law firm, does not provide legal advice, does not submit applications to USCIS, and is not affiliated with USCIS or the U.S. government.
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