Mario Godoy - Owner/Attorney

FAQs About Form I-751 And The I-751 Affidavit Letter Of Support

For couples who obtained their Green Cards through marriage, transitioning from a conditional two-year card to a permanent ten-year card requires navigating the intricacies of Form I-751, Form I-751 removes the conditions on your two-year green card and so you can apply for your ten-year, permanent resident green card. While this form paves the path to permanent residency, understanding its intricacies and companion documents, like the I-751 affidavit, is crucial for a smooth journey.

As of January 2023, US Citizenship and Immigration Services (USCIS) extended the validity of Green Cards for individuals who properly file either Form I-751 (Petition to Remove Conditions on Residence) or Form I-829 (Petition by Investor to Remove Conditions on Permanent Resident Status). This extension, lasting for 48 months beyond the card’s original expiration date, applies to petitioners who file their forms after the implementation date.

FAQs About Form I-751

Form I-751 Petition to Remove Conditions on Residence removes the conditions on your two-year green card and so you can apply for your ten-year, permanent resident green card. Filing this form within the 90-day window before your conditional card expires is like catching the last train to permanent residency paradise.

Who must file Form I-751?
You must file Form I-751 if you:

Were granted conditional resident status through marriage to a U.S. citizen or lawful permanent resident
Your conditional resident status is based on a marriage that is less than two years old

When must you file Form I-751?
You must file Form I-751 during the 90-day period before your conditional resident status expires. If you file more than 90 days before your conditional resident status expires, USCIS will reject your petition.

What are the filing fees for Form I-751?
The current filing fee for Form I-751 is on the USCIS website. You must also pay a biometric services fee for each person filing Form I-751.

What documents do I need to file with Form I-751?
The documents you need to file with Form I-751 vary depending on your individual circumstances. However, some common supporting documents include:

Proof of your marriage, such as your marriage certificate and joint tax returns
Proof of your residence in the United States, such as utility bills and bank statements
Evidence of your ongoing relationship with your spouse, such as photos, affidavits from friends and family, and joint bank accounts

How can I file Form I-751?
You can file Form I-751 by mail or online.

What happens after I file Form I-751?
After you file Form I-751, USCIS will review your petition and schedule an interview for you and your spouse. At the interview, you will be asked questions about your marriage and your relationship with your spouse.

What if my marriage ends before I file Form I-751?
If your marriage ends before you file Form I-751, you may still be able to remove the conditions on your residence if you can meet certain requirements. You should consult with an immigration attorney to discuss your options.

I-751 Affidavit Letter Of Support

The I-751 affidavit. letter of support is not mandatory. These affidavits, written by friends, family or colleagues, provide firsthand accounts of your genuine relationship, painting a picture of a thriving love story, not just a marriage for immigration purposes.

The more evidence you provide, the better your chances of a smooth transition: joint finances, photos documenting shared milestones, and heartfelt testimonials help strengthen an I-751 affidavit.

Don’t replace strong, concrete evidence with a flood of affidavits. Think quality over quantity.
Choose witnesses who genuinely know you and your spouse, who can weave a tapestry of your shared life, and whose words carry weight. A well-written affidavit from a close friend can outweigh a dozen generic statements.

As an immigration attorney, we suggest presenting as much evidence as possible. The I-751 affidavit is not mandatory, but we strongly recommend submitting an affidavit along with all your evidence. Navigating the Form I-751 process can be daunting, but remember, you’re not alone. Seeking guidance from an experienced immigration attorney can ensure you’re on the right track.

We Help Immigrants Make America Their Home

At Godoy Law Office, our immigration attorneys are available to answer any of your questions and discuss all of your options so that you can make the best decision for your situation. Our expertise and commitment to client service make us the ideal partner for this important process. We look forward to working with you.

A skilled immigration attorney can put their experience to work for you to achieve your American Dream. If you need help with an immigration issue, please contact our office at 630-345-4164.