Green Card Through Marriage

People who got a conditional permanent resident card (green card) through marriage to a U.S. citizen or green card holder will have to petition to remove the conditions on their green card if they want to remain in the U.S. Conditional green card holders who are still married to their husband or wife can do this by filing Form I-751, Petition to Remove Conditions on Residence, during the 90-day period before their conditional green card expires.

You and your husband or wife will have to file Form I-751 together (joint-file) and send it to the United States Citizenship and Immigration Services (USCIS). The USCIS will review your petition and decide whether to give you a green card without conditions, which would allow you to live and work in the U.S. for the rest of your life. People whose petitions are denied or don’t file Form I-751 with the USCIS could lose their status and be deported from the U.S.

Children of Conditional Green Card Holders

Conditional green card holders whose children got a conditional green card within 90 days of their conditional green card holder parent can be included on the same Form I-751 petition.

Although most conditional green card holders have to file Form I-751 together with their husband or wife, you can file by yourself if any of the following things are true:

  • You got married in good faith (because you wanted to spend your life with your husband or wife and didn’t get married to cheat immigration laws), but your husband or wife died.
  • You got married in good faith, but you and your husband or wife later divorced.
  • You got married in good faith, but your husband or wife abused you.
  • You would suffer very badly if you were deported from the U.S.

Children can file a Form I-751 for themselves if they can’t joint-file with their parents for one of the following reasons:

  • They got their conditional green card more than 90 days after their parent.
  • Their conditional green card holder parent died.
  • They were abused by one of their parents.

Cost to File

The cost to file Form I-751, Petition to Remove Conditions on Residence, is $595. The petitioner is also required to pay a fee of $85 for biometrics. The total amount paid to USCIS is $680. USCIS accepts checks or money orders as forms of payment. Checks and money orders must be payable to U.S. Department of Homeland Security.