Conditional Residency

If You Are a Conditional Resident

You may be in the

U.S.

as a conditional resident (CR). You are a CR if you were married for less than 2 years to your

U.S.

citizen or permanent resident spouse on the day your permanent resident status was granted. If you have children, they also may be CRs. Some immigrant investors are also conditional residents. A CR has the same rights and responsibilities as a permanent resident. Conditional residents must file either Form I-751, Petition to Remove the Conditions on residence, within 2 years of the date they were granted conditional permanent resident status. This date is usually the expiration date of your Permanent Resident Card. You should file these forms within 90 days of the 2-year anniversary of when you got your conditional resident status. If you do not do this, you can lose your immigration status.

Filing Form I-751 with Your Husband or Wife

If you are a CR and you are married, then you and your spouse must file Form I-751 together so that you can remove the conditions on your permanent resident status. Sometimes, you do not have to file Form I-751 with your husband or wife. If you are no longer married to your spouse, or if your spouse has abused you, you can file Form I-751 by yourself. If you are not applying with your spouse, you can file Form I-751 at any time after you are a CR.

Who: Conditional residents

Why: Conditional resident status expires 2 years after the date you become a CR.

When: Conditional residents filing together with their spouse must file Form I-751. This form must be filed within the 90 days before conditional residence

status expires. The expiration date is normally on your Permanent Resident Card.

Where to send the form: Send it to a USCIS Service Center. The addresses of the Service Centers are in

the instructions for the form.

What it costs: You must pay a fee to file Form I-751. These fees can change so check with USCIS for the current fees before you send the form.

If you file Form I-751 on time, USCIS will usually send you a notice extending your CR status for up to 12 months. During this time, USCIS will review your application.

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