The USCIS provides “conditional permanent resident status” and a two-year green card to immigrants married to a Legal Permanent Resident or United States Citizen. Those who wish to attain their status as a Lawful Permanent Resident must file the Form I-751 – Removal of Conditions Application. Now, what happens after you submit your Form I-751?
Receipt of Application
Within three weeks from submitting your I-751, you will receive a receipt by mail. This receipt will confirm the USCIS has received your form and has begun normal processing. This receipt is called Form I-797 – Notice of Action. It also serves as an extension to your conditional residence for a year while your I-751 is being processed. It will come with a ten-digit number that you can use to check the status of your application. Both the I-797 and expired green card are necessary to prove conditional residency status. You should also get an extension stamp or an I-551 stamp in your passport. You can get these from your regional USCIS office. To read more about that, check out this article. Should USCIS reject your application or need more information, they will send a Notice of Action or Request for Evidence.
Within four weeks of filing, you will receive a notice detailing a biometrics appointment. The notice will include the USCIS office where you will appear, the time of appointment, and the date. At your biometrics, you will record your fingerprints, photograph, and signature. (Keep in mind that although you may travel after having submitted your forms and are waiting for USCIS response, it is crucial you attend your biometrics appointment) The appointments are approximately 30 minutes, and your notice will provide details on what you will need to bring. Learn more about the biometrics appointment.
Within 5 months of your biometrics appointment, you won’t receive any further notices unless the information provided previously was unsatisfactory or needs to be re-recorded or re-submitted for any other reason.
Appointment Notice for Interview
Within 6 months, some applicants will receive an interview requirement notice. If you submit your own I-751 form, it will take 6-8 months to process; however, if your spouse submits the waiver application, it can take up to 12 months. A waiver application undergoes a more stringent screening process and often requires an interview. If the waiver application is accepted as legitimate, they will not feel a confirming interview is necessary. This is why providing valid proof of relationship (e.g. a marriage license) is important when submitting your I-751. Should you be asked to attend an interview, preparation counsel from an attorney prior to the interview is recommended. If you have used Simple Citizen and would like to schedule a call with our legal team, reach out to us at firstname.lastname@example.org.
Petition to Remove Conditions granted and green card issued
Within 8 months, your application should be fully processed, and your Petition to Remove Conditions granted and green card issued. Keep in mind that the time frame is different for each form, and the entire process may take up to a year. (Remember, you can check your application’s status here.) If your mailing address changes after you’ve submitted your I-751, you should call USCIS at 1-800-375-5283 to change your record. If you feel like your form request has extended beyond the regular processing time, visit this USCIS website.