I-751 Petition Green Card Approval - 5 Months
CASE HISTORY:
Applicant was working in the U.S. under valid TN visa status, and later 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 mail addressed to the couple, joint tax filings, joint checking account statements, auto insurance policies, utility bills, retirement beneficiary designation forms, pictures of the couple together, and other items.
FILING PROCESS:
I-751 petition filed @ USCIS in May 2025.
BIOMETRICS SCHEDULED:
Waived - historically USCIS has been waiving this requirement when the applicant has provided biometrics during a prior I-485 adjustment of status application filing.
INTERVIEW:
Waived - under current USCIS policy, 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.
PROCESSING TIME:
Approx. 5 months after filing. This was an incredibly fast adjudication. For the past several years, USCIS has taken +2 years to adjudicate I-751 petitions.
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.