STAGE THREE: THE REMOVAL OF CONDITIONS ON RESIDENCE

After the alien spouse has passed the Adjustment of Status interview, he or she will be granted a conditional green card. This conditional green card is good for two years and expires on the second anniversary of the day conditional status was granted by the INS/BCIS. NO EARLIER than 90 days before the conditional green card expires, the I-751 or the Application for the Removal of Conditions on Residence must be filed in order for the alien spouse to receive permanent residence status and the 10-year renewable green card. The I-751 application packet is processed by the INS/BCIS service center that has jurisdiction over the applicants' state of residence.

One or two weeks after the application, expect to receive a Notice of Action saying that your application and payment has been received. There will also be a note on this document saying that the conditional status of the alien spouse has been extended for one year. Why? The processing of this paperwork takes a long time, especially if you move to an area that will require you to transfer paperwork from one INS/BCIS service center to another before the paperwork has been processed. We submitted our application to the Vermont Service Center in March 2004, moved to Texas in July 2004, and filed a change of address shortly after that. We haven't heard anything since then. This process takes a long time. We've even read experiences of other K1 couples wherein the alien spouse is granted American citizenship even before receiving the permanent green card. A note on the Notice of Action states that if you do not hear anything about your case after 12 months, you can call the service center and inquire about your file. Better yet, you can write or call your congressman if the INS/BCIS gives you the runaround after an extremely long period of waiting.


According to the instruction sheet included in the I-751 application packet, the following documents are required to be submitted with your application:

1. An I-751 Application for Removal of Conditions on Residence application form that has been filled out completely in accordance to the guidelines on the attached instruction sheet.

2. A copy of the alien spouse's conditional (2-year) permanent resident card or alien registration card and a copy of the permanent resident card or alien registration card of any conditional resident children that are going to be included in the petition.

3. Evidence of a bonafide marriage (i.e. you did not enter into the marriage to evade the immigration laws of the United States or to find an easy ticket to a life America) that can be satisfied by the following documents:

a. Birth certificate(s) of any child(ren) born to the marriage

b. Lease or mortgage contracts showing joint occupancy and/or ownership of your communal residence.

c. Financial records showing ownership of assests and joint responsibility for liabilities, such as joint savings and checking accounts, joint federal and state tax returns, insurance policies that show the other spouse as the beneficiary, joint utility bills, joint installments or other loans.

d. Other documents you consider relevant to establish that your marriage was not entered into in order to evade the immigration laws of the United States. To satisfy this requirement, we included a couple of pictures of us having fun and looking REALLY happy together as well as greeting cards and letters from friends and family that were addressed to both of us.

e. Affidavits sworn to or affirmed by at least two people who have known both of you since your conditional residence was granted and have personal knowledge of your marriage and relationship. (Such persons may be required to testify before an immigration officer as to the information contained in the affidavit.) The original affidavit must be submitted and also contain the following information regarding the person making the affidavit: full name and address; date and place of birth; relationship to you and your spouse, if any; and full information and complete details explaining how the person acquired his or her knowledge. Affidavits must be supported by other types of evidence listed above.

4. A $145 application fee. See the I-751 instruction sheet for more details on the forms of payment accepted by the INS/BCIS. Also check the INS/BCIS webpage for an updated list of fees.

WAIVERS ON JOINT FILING

For more details on waivers on joint application for the Removal of Conditions on Residence due to death of the American or permanent resident spouse, divorce or annulment of the marriage, battery or cruelty inflicted on the alien spouse by the American or permanent resident spouse, or if the termination of your status and removal will result in extreme hardship, consult the instruction sheet included with the I-751 application form.