I-751 Petition Green Card Approval - 6 Months
CASE HISTORY:
Working with our office, a client obtained U.S. lawful permanent residence (a green card) based on marriage to a U.S. citizen.
Individuals who obtain a green card based on a marriage to a U.S. citizen that is less than 24 months old receive their green card on a conditional basis valid for 2 years.
In order to remove this conditional basis, the green card holder and their U.S. citizen spouse must jointly file an I-751 petition requesting removal of the conditional basis. The I-751 petition must be filed during the 90-day period prior to the expiration of the 2-year green card.
Failure to file this I-751 petition prior to this 2-year expiration date can result in the termination of the green card holder’s immigration status, and their placement into removal proceedings.
STRATEGY:
In order to obtain approval of a jointly filed I-751 petition, the petition must be submitted with evidence that the couple has a bona fide marriage.
Ideal evidence for an I-751 petition includes proof of joint residence, commingling of finances, and estate/health/financial planning.
In this case, I prepared the I-751 petition and assisted and guided the applicant in assembling supporting evidence of their marriage from the past +2 years, which included (among other items) joint mortgage statements, joint U.S. income tax filings, joint checking account statements, joint credit card statements, auto insurance policies, utility bills, retirement beneficiary designation forms, and pictures of the couple together.
FILING PROCESS:
I-751 petition filed @ USCIS in Sept. 2025.
BIOMETRICS SCHEDULED:
Scheduled for Oct. 2025.
INTERVIEW:
Individuals who file a Form I-751 generally must appear for an interview at a USCIS field office.
If sufficient evidence of the marriage is provided and there is no indication of fraud in the case, USCIS may use their discretion to waive the interview requirement.
However, if USCIS has not conducted an interview of the green card holder in the past, e.g. if the individual obtained their green card through immigrant visa processing - as in this case - the agency will generally require an interview.
Here USCIS scheduled the interview for Feb. 2026.
Following the interview, USCIS approved the I-751 petition, and issued the individual’s 10-year green card in March 2026.
PROCESSING TIME:
Approx. 6 months after filing.
No Request for Evidence (RFE) issued.
Statements regarding prior application approvals our office has obtained are provided for informational purposes only. Prior results do not guarantee a similar outcome.
Learn more about U.S. Lawful Permanent Residence and the I-751 petition requirements and process
U.S. immigration lawyer Brian D. Zuccaro has over 20 years of experience helping U.S. citizens and their spouses navigate the U.S. green card application process.