Who this guide is for
- Conditional residents planning when to file Form I-751
- Conditional residents whose marriage has ended or changed
Joint filing
When the couple is still married, they usually file together during the 90 days before the conditional card expires. The card's expiration date is printed on the card.
Filing with a waiver
A waiver petition may be filed any time after you become a conditional resident and before you are removed. Hardship evidence must relate to the two-year conditional period.
- The marriage was entered in good faith but ended in divorce or annulment
- The spouse who sponsored you has died
- You were battered or subjected to extreme cruelty by your spouse
- A conditional resident child was battered or subjected to extreme cruelty by the parent's spouse or by the conditional resident parent
- Ending your conditional status would cause extreme hardship
Filing late
If no petition is filed, permanent resident status ends automatically two years after it was granted. If you missed the joint-filing deadline, submit a written explanation establishing good cause and extenuating circumstances and ask USCIS to excuse the late filing. USCIS decides whether the explanation is sufficient.
Important considerations
- Keep your receipt notice with your card and check the USCIS Form I-751 page for how to show your status while the petition is pending.
- Confirm the current rules on the USCIS Form I-751 page before filing.
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
- Any waiver request, especially one based on abuse or hardship
- A filing deadline that has already passed
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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