When filing Form I-751, Petition to Remove Conditions on Residence, it is essential to provide ample evidence to avoid unnecessary delays or denials. If you and your spouse are genuinely living together and sharing your lives, your I-751 should be approved without issue. However, many applicants make the critical mistake of not submitting enough supporting documents, leading to Requests for Evidence (RFEs) or Notices of Intent to Deny (NOIDs).
Understanding the I-751 Process
When you marry a U.S. citizen or green card holder and apply for adjustment of status, you receive a conditional green card if your marriage is less than two years old at the time of approval. This green card is valid for two years, and within the 90-day period before expiration, you must file Form I-751 to prove that your marriage is still valid and not fraudulent.
The initial green card application (Form I-130) requires substantial evidence to establish the legitimacy of the marriage. In theory, obtaining approval for the I-751 should be easier since you have had two years to accumulate further evidence of your shared life. Unfortunately, many couples fail to provide enough proof, leading to complications in the approval process.
The Most Common Mistake: Lack of Evidence
USCIS understands that newlyweds may not have extensive documentation of their shared financial and domestic life at the time of their initial application. However, by the time you apply to remove conditions, you should have accumulated significant evidence of your relationship, including:
- Joint bank accounts – Showing regular transactions from both spouses
- Shared financial responsibilities – Mortgage or lease agreements, utility bills, credit card statements
- Insurance policies – Health, auto, or life insurance listing each other as beneficiaries
- Tax returns – Filed jointly as a married couple
- Photographs – Documenting your life together over the two-year period
- Affidavits from friends and family – Supporting the legitimacy of your marriage
- Birth certificates of children (if applicable) – Demonstrating a growing family
Why Some I-751 Applications Get Denied
Denials often occur when couples do not take the evidence-gathering process seriously. A common misconception is that simply being married should be enough proof. However, USCIS officers are trained to detect fraudulent marriages, and insufficient documentation raises red flags. If your marriage is legitimate, there is no excuse for not providing ample evidence to support your petition.
In addition, couples who live separately or maintain completely separate finances may face increased scrutiny. While every relationship is different, USCIS expects to see some level of financial and domestic integration.
The Impact of a Denial
If your I-751 is denied, you could face removal proceedings, which can complicate your path to citizenship. Additionally, if you plan to apply for naturalization under the three-year rule for spouses of U.S. citizens, you must first have your conditions removed successfully.
How to Avoid Issues with Your I-751
- Start preparing early – Keep track of joint financial and personal documents from the beginning.
- Don’t assume it’s a formality – Treat the I-751 process with the same seriousness as your original green card application.
- Submit a well-documented petition – Provide as much supporting evidence as possible.
- Seek legal assistance if needed – An immigration attorney can help ensure your application is thorough and complete.
By taking the time to submit a strong application, you can avoid unnecessary delays, RFEs, and denials. If you need assistance with your I-751 petition, consult an experienced immigration attorney who can guide you through the process and help you secure your 10-year green card.