Knowing which USCIS form to file when your green card is expiring can be confusing but is essential to ensuring that your application is processed as quickly and as smoothly as possible. In this guide, we will clarify the differences between the two primary forms used to address expiring green cards:  

1. Form I-90, Application to Replace Permanent Resident Card (Green Card), and 
2. Form I-751, Petition to Remove Conditions on Residence. 

We will outline when each form is used, as well as some of the primary differences between the two processes. Let’s dive in! 

Understanding the Two Primary Green Card Categories:

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First, it's important to understand the two primary green card categories, each of which require a unique “renewal” process when the card is nearing its expiry: 

1. Conditional Permanent Resident Cards/Green Cards, 
   
   1. Valid for 2 years from the date of issue.  
   2. Conditional on the applicant being able to provide additional evidence
   3. Requires the removal of the applicant’s green card / legal permanent residence “conditional status” rather than a formal renewal 
      
2. Permanent Resident Cards, 
   
   1. Valid for 10 years from the date of issue 
   2. Requires a renewal of the applicant's green card / legal permanent residence status 

To know whether you have a standard green card or a conditional green card, simply compare your green card expiration date with your green card issue date.

• If valid for 2 years, you likely have a conditional green card.
• If valid for 10 years, you likely have a standard green card.

Why Conditional Green Cards are Issued: 

Conditional green cards are typically issued when the green card is obtained through marriage, and the marriage was less than two years old at the time of issuance. The idea is that the green card benefit is “conditional” on the applicant being able to provide USCIS with additional evidence of a “bona-fide” / legitimate relationship two years after the green card was issued. This is done by filing Form I-751, Petition to Remove Conditions on Residence and by including extensive relationship evidence at the time of filing. USCIS will evaluate the application and determine if sufficient proof has been provided that the marriage was entered into for legitimate reasons. If the application is approved, USCIS will remove conditions on the permanent resident status and issue a 10-year green card. 

 Applicants who have been married more than 2 years at the date the green card was issued OR who obtained a green card through a different filing category than marriage, generally receive a 10-year green card initially.  

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Key Differences Between the Two Processes 

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Here’s a detailed comparison of the two processes based on the type of green card you hold:

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Key Takeaways

1. Form I-751 is for removing conditions on a 2-year conditional green card.
2. Form I-90 is for replacing an incorrect, damaged, or missing green card as well as renewing a 10-year permanent resident card.
3. Filing on time is critical to avoid legal or logistical complications.

Need Help with Your Application? 

SimpleCitizen helps save you time and money by simplifying the green card renewal and condition removal process. Take our eligibility quiz to get started and use the code TAKE10 at check out to save 10% off your purchase! 

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A guide to replacing or renewing your green card. Learn when and how to file Form I-90 if your Permanent Resident Card is lost, stolen, or expiring.

How to Replace or Renew Your Green Card: A Simple Guide

As a Lawful Permanent Resident, your Green Card (officially Form I-551) is your most important document for proving your identity and your right to live and work in the United States. But what happens if it gets lost, stolen, damaged, or is about to expire?

Don't panic! There is a clear process for replacing or renewing your card. This guide will walk you through when you need to file, what form to use, and the basic steps involved.

When Do I Need to Replace or Renew My Green Card?

You must apply for a replacement card if your current one was:

• Lost, stolen, or destroyed: If your card is gone for any reason, you should apply for a replacement as soon as possible.
  
  
• Expiring or Expired: If you have a 10-year green card, you should apply for renewal if it expires within the next 6 months. Please note that 2-year green cards must be renewed by filing Form I-751 up to 90-days before the cards’ expiry date.
  
  
• Incorrect: If the card has incorrect information due to a USCIS error or a legal change (like a name change).
  
  
• Never Received: If USCIS mailed your card but it never arrived at your address.
  
  
• You turned 14: If you have a green card issued before your 14th birthday, you typically need to get a new one after you turn 14.

Very Important Distinction: This process outline below is for renewing a 10-year green card. If you have a 2-year conditional green card (usually from a recent marriage), you do NOT use this process. You must file Form I-751, Petition to Remove Conditions on Residence, to remove conditions and get your 10-year card.

Form I-90: The Key to Replacing Your Green Card

The application to replace or renew your green card is Form I-90, Application to Replace Permanent Resident Card. This is the main form you will need to complete and file with USCIS.

How to File Form I-90: A Step-by-Step Guide

Filing Form I-90 is a relatively straightforward process, and for most people, it can be done online.

Step 1: Complete Form I-90

• The easiest and often fastest way to file is through a myUSCIS online account. The online form guides you through the questions to make sure you complete it correctly.
• If you prefer to file by mail, you can download the latest paper version of Form I-90 from the USCIS website.

Step 2: Gather Your Supporting Documents

• You will need to provide a copy of your current green card (if you have it).
• If your card was lost or stolen, you might include a copy of a police report (if you made one).
• If you are replacing your card because of a legal name change, you'll need to provide a copy of the official name change document (like a court order or marriage certificate).
• If you are correcting a USCIS error, you'll need to provide evidence of the correct information and show that the error was not yours.

Step 3: Pay the Filing Fee

• There is a filing fee and a biometrics (fingerprinting) fee for Form I-90. The total cost can change, so it's critical to check the current amount on the official USCIS Fee Schedule before you file.
• If you file online, you can pay the fee electronically.

Step 4: Submit Your Application

• If filing online, you can submit everything through your myUSCIS account.
• If filing by mail, send your form, supporting documents, and fee to the correct USCIS Lockbox address listed in the Form I-90 instructions.

Step 5: Attend Your Biometrics Appointment

• After you file, USCIS will schedule you for a biometrics appointment at a local Application Support Center. They will take your fingerprints, photo, and signature. This is a standard step to verify your identity and conduct background checks.

Step 6: Receive Your New Green Card

• Once your application is approved, USCIS will produce and mail your new green card to you. You can track the status of your case online using the receipt number USCIS sends you after you file.

What About Traveling While My I-90 is Pending?

Waiting for your new green card can take several months. What if you need to travel internationally during this time?

• If your card is expired or lost: Once you file Form I-90, your I-797 receipt notice (which typically includes proof of a temporary green card extension), combined with your expired green card can provide temporary evidence of your status for a certain period. However, for international travel, reentry into the US is not always guaranteed. Please proceed with caution and consider speaking with a licensed immigration attorney before leaving the country. . 
• Getting temporary proof: You may be able to schedule an appointment at a local USCIS office to get a temporary stamp in your valid passport, known as an Alien Documentary Identification and Telecommunication (ADIT) stamp. This stamp serves as temporary evidence of your permanent resident status for travel and work purposes while you wait for your new card.

It's always best to resolve your need for travel proof before you leave the United States to ensure a smooth return.

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The processing times for Form I-751, Petition to Remove Conditions on Residence, can be long, often taking 1-2+ years for USCIS adjudication. These long processing times can mean that many conditional permanent residents may qualify to apply for naturalization while their application for removal of conditions is still pending. Many applicants assume they have to wait for Form I-751 approval before submitting Form N-400, but in some cases, it is possible to file Form N-400 when Form I-751 is still pending. Let’s look at who qualifies for marriage-based early filing, how submitting Form N-400 can impact a pending Form I-751, and general N-400 eligibility requirements.

General eligibility for filing Form N-400 based on marriage to a US Citizen

Filing Form N-400 is based on meeting several criteria set by USCIS. Among them is that the applicant has to have been a Lawful Permanent Resident for at least 5 years. However, there is an exception to this rule for Spouses of US Citizens. If an applicant applies based on their marriage to a US Citizen, they may be eligible to apply once they have been a Lawful Permanent Resident for at least 3 years. USCIS will begin accepting the N-400 filing up to 90 days before the applicant meets the 3 years of continuous residency. To qualify for this exception, the Lawful Permanent Resident (LPR) must meet the following requirements:

• They must be legally married to a US citizen who resides in the United States, and they must remain legally married to the US citizen until they take the Oath of Allegiance;
• They must have been living in a marital union with their US-citizen spouse for at least 3 years;
• They must have been a lawful permanent resident for at least 3 years, and
• Their spouse must have been a US citizen for at least 3 years

Processing for Conditional Permanent Residents

Green card applicants who have been married for less than 2 years at the time of application approval are issued “Conditional Permanent Residence,” which grants them a conditional green card valid for two years instead of the typical ten given to permanent residents. When the green card expires, they must prove to USCIS their marriage’s legitimacy by submitting Form I-751, Petition to Remove Conditions on Residence.This form is not optional and must be approved before an applicant can be granted US Citizenship. However, it does not have to be approved before filing a naturalization application. It’s very common for applicants to become eligible for Naturalization based on the criteria noted above while their Form I-751 is pending. The ability to file Form N-400 after 3 years only applies to applicants whose marriage to a US Citizen has not ended. In these cases, the applicant may submit Form N-400, but USCIS cannot adjudicate the case until they approve the Form I-751. Submitting Form N-400 while Form I-751 is pending helps the Naturalization processing start sooner, increasing the chances that the applicant can receive US Citizenship sooner. In addition, at times, the submission of Form N-400 can have quicker processing times and can help push USCIS to make a decision on the Removal of Conditions application.

What happens if the Naturalization interview is scheduled while the Removal of Conditions application is still pending?

In cases where the Naturalization interview is scheduled while the Removal of Conditions application is still pending, the applicant can still attend and complete the naturalization test and all other requirements. There are a few things that may happen in these cases:

1. The officer reviews Form I-751 and N-400 in the interview and issues a decision on both applications.
2. The officer reviews both Form I-751 and N-400 in the interview and indicates that you will receive a decision on both applications later.
3. The officer reviews only Form N-400. They will not decide on either application and will review Form I-751 later.

Even if an interview notice indicates it is only for Form N-400, if the I-751 is still pending, many applicants choose to have their spouse come and join them at the interview. Then, if the reviewing officer decides to review Form I-751 during the interview, the spouse will be present. Doing this may reduce the chance of a separate interview being scheduled for Form I-751.

Are you interested in filing for US Citizenship via naturalization?

While the above information covers eligibility for naturalization via marriage, applicants must also meet all other requirements to become a US Citizen. Generally, other than some exceptions, applicants must meet the following eligibility requirements to qualify for naturalization:

1. The applicant must be at least 18 years of age when they file;
2. They must have been a lawful permanent resident for at least 5 years (or 3 years if via marriage);
3. They have demonstrated continuous residence in the United States for at least 5 years (or 3 years if via marriage);
4. They have lived in the US state or US Citizenship and Immigration Services (USCIS) district where they claim residence for at least 3 months before filing;
5. They have demonstrated physical presence in the United States for at least 30 months (913 days) (or 18 months (548 days) if via marriage);
6. They demonstrate good moral character;
7. They demonstrate an attachment to the principles of the US Constitution;
8. They demonstrate a basic knowledge of US history and government (also known as “civics”) as well as an ability to read, write, speak, and understand basic English (some exceptions apply);
9. They are willing to take the Oath of Allegiance to the United States, and you are well disposed to the good order and happiness of the United States.

Becoming a US Citizen is a monumental step for many applicants, and SimpleCitizen loves to support applicants in their process. We aim to streamline and simplify your process through the US immigration system. You are our highest priority. We can’t wait to help make your immigration dreams become a reality. You can click here to get started!

In this article, we will cover important information about Form I-751, Petition to Remove Conditions on Residence, including what it is and when it needs to be filed. We will also address whether it's possible to travel while an I-751 application is pending, what risks a permanent resident might face, and what documents they need to carry. By the end of this article, we hope to provide a better understanding of how to protect an immigration status while traveling with a pending I-751 application.

Disclaimer: The information provided here is for general informational purposes only and should not be construed as legal advice. The immigration process and requirements can be complex and may vary depending on individual circumstances. It is highly recommended to consult with an immigration attorney or qualified professional for personalized guidance regarding a specific situation. The decision to travel while an application is pending is ultimately the responsibility of the traveler.

What is an I-751?

Having conditional permanent resident status means that the green card that was granted is valid for only two years. Eventually, the conditional resident or two-year green card holder will need to file Form I-751 to remove the conditions on their green card and obtain a standard 10-year green card. This form is also known as the Petition to Remove Conditions on Residence. 

Typically, individuals who receive a two-year conditional green card have been married to their US citizen or permanent resident spouse for two years or less when they applied for their green card and will need to file an I-751 to remove conditions.

When does Form I-751 Need to be Filed 

USCIS requires that Form I-751 be filed within the 90-day period leading up to the expiration of the conditional resident’s two-year green card. The processing time for an I-751 varies, but it can take months or even years in some cases. It is important to note that the processing times may change due to various factors, such as USCIS workload, the complexity of the case, and other external factors. While these timelines may seem long, USCIS does grant extensions for expired green card holders who file the I-751 on time. We will go over this in more depth later in this article.

For more information on Form I-751, please see the following articles:

• Form I-751 & How to Prove Your Marriage is Legitimate

• What happens after submitting your I-751 – Petition to Remove Conditions?

• How to Apply to Remove the Green Card Conditions

• Calculating When to File for the Removal of Conditions

Can You Travel While Your I-751 is Pending?

When it comes to traveling with a pending I-751 application, it's important to understand the unique circumstances surrounding the validity of a two-year green card. Typically, individuals file their I-751 petition within the 90 days before their conditional green card is set to expire. This means that during the I-751 processing period, individuals have an expired green card that cannot be used for work or travel.

To address this situation, USCIS sends an extension notice to the applicant upon receiving the I-751 application. This notice, when combined with the expired green card, serves as proof of extension and extends the validity of the green card for a period of 12-48 months, depending on the length of extension granted. This extended validity works as proof of holding Permanent Resident status and can be used for things such as traveling outside the US and continuing to work.

It's important to note that both the extension notice and the expired green card must be presented when entering the US or seeking employment. Together, these documents serve as valid proof of Lawful Permanent Resident (LPR) status. Presenting one without the other will not be considered sufficient proof.

Additionally, applicants have the option to visit a USCIS field office and obtain an I-551 stamp in their passport as additional proof of the green card extension once they have the I-751 extension notice. While obtaining the I-551 stamp is optional, it can provide further assurance when traveling or seeking employment.

Before Departing

Before departing, permanent residents should ensure that their application is still pending and does not have any important updates pending, such as appointment scheduling, requests for evidence, approvals, and/or denials. They should also make sure that their current green card and other documents, such as their passport or any necessary visas, are up-to-date and valid. Additionally, when traveling with a green card extension, it is important to return to the US before the extension expires.

It is also important to note that traveling with a pending I-751 application can come with risks. 

The permanent resident with a pending I-751 will potentially be scheduled for both biometrics and interview appointments and will need to attend those appointments if scheduled. Also, remember to follow USCIS guidelines (discussed below, in part) to not abandon status by spending too much time outside the US or taking up residence in another country. 

Length of the Trip

A legal permanent resident is expected to live in the US. A permanent resident can travel outside the US, but there are a few things to keep in mind when doing so. The trip must be temporary, and typically, the traveler cannot remain outside the United States for more than 1 year.

Absences of more than 180 Consecutive Days

Trips of 180 days or more can invite additional questions about the nature of a trip outside the US. When returning from a trip abroad, the Customs and Border Patrol (CBP) officer may ask a traveler with a pending green card application or extended green card additional questions about their trip like:

• Where have they been outside the U.S.?
• How long were they there?
• What were they doing there?
• Why are they coming to the U.S. now?
• What ties to the U.S. did they keep while they were away?
  

Generally, the CBP officer asking these questions is trying to determine the reasons for the immigrant’s overseas trip and their intent to maintain the U.S. as their principal place of residence. At the port of entry after their travel abroad, they may be asked to provide evidence that the intending immigrant has continuing ties to the United States and that they intend to continue living here. For example, documentation of ongoing employment in the United States may be requested.

Absences of more than 365 Consecutive Days

A green card can become invalid for reentry if the permanent resident has been outside the United States for one year or more. Additionally, a US permanent residence may be considered abandoned for absences shorter than 1 year if the permanent resident takes up residence in another country.

Permanent residents of the US who plan on being outside the country for more than one year can apply for a reentry permit, which ensures that the resident did not intend to abandon their status. A reentry permit is obtained by filing Form I-131, Application for Travel Document, which should be filed and approved prior to leaving the US

Eligibility for US Citizenship

It's crucial for permanent residents to be mindful of their travel duration to ensure they maintain eligibility for US citizenship. Prolonged absences may disrupt a green card holder’s continuous residence requirement and could impact their eligibility for naturalization.

Documents to Carry While Traveling with a Pending I-751

Permanent residents should carry both their expired green card and the I-797 receipt notice, which has the extension on it. In addition to these documents, permanent residents should carry other identification documents, such as their passports and driver's licenses. It's also a good idea to have a copy of a travel itinerary.

As a reminder, border entry requirements can change depending on current national or global circumstances, so travelers should be sure to check the CBP website before traveling outside the US so that they can be aware of any travel restrictions or special rules that may be in effect temporarily. 

It is also important to note that Green Cards serve as proof of permanent residency in the United States and do not impact an individual's status as a passport holder for their home country. When planning travel to other countries, such as Canada for example, it is important to review the specific travel requirements based on the passport held rather than relying on the US Green Card. Each country has its own entry requirements, visa regulations, and passport validity rules that should be consulted to ensure a smooth and hassle-free travel experience. Travelers should remember to check with the relevant authorities and consulate of the country they plan to visit to stay informed about the specific travel requirements based on their passports.

It's important to carry the required documents to avoid any complications at the border. If a permanent resident doesn't have the necessary documents, they may be denied entry or face additional questioning. However, if they have the required documents, they can help prove their identity and immigration status, making it easier to enter the US. 

Entry into the United States is at the discretion of the Border Patrol officer. Avoiding doing things like breaking laws, lying, or failing to follow customs or entry requirements can reduce the risk of problems at the border.

Loss of Critical Documents While Abroad

If a permanent resident loses any of their documents while abroad, they should take immediate action to replace them. Contact the nearest US consulate or embassy to report the loss and apply for replacement documents. It is also a good idea to always keep high-resolution digital copies of the documents as well.

The US embassy or consulate may be able to issue a boarding foil, also known as a transportation letter or boarding letter, which is a temporary travel document issued by a US embassy or consulate to individuals who are permanent residents of the United States but have lost or do not have a valid green card. It allows them to travel back to the US and serves as proof of their immigration status. The boarding foil is typically issued in urgent or emergency situations when the individual cannot obtain a replacement green card before their planned travel. It is important to note that a boarding foil is only valid for a single entry and should be used in conjunction with other identification documents, such as a passport, to facilitate re-entry into the United States.

Conclusion

When a permanent resident has a pending I-751 application and plans to travel, it's crucial to stay informed about the rules and regulations. Entry requirements can change depending on current national or global circumstances, so be sure to check the CBP website. To ensure a successful trip, make sure to carry the expired green card, the I-797 receipt notice, and other identification documents. These documents are essential for re-entering the United States.

In case any of these documents are lost, don't panic! Contact the nearest US embassy or consulate immediately. Seeking professional advice can also help clarify any questions or concerns about the process. Having high-quality scans of all documents stored in a safe digital location can be helpful in situations such as this. 

Remember, protecting immigration status is crucial when traveling with a pending I-751 application. Taking the necessary steps can help ensure a smooth trip and prevent any issues with immigration status. We hope this article has been helpful in providing the information needed to travel with confidence. Stay informed and take the necessary steps to protect your immigration status.

We encourage you to stay informed and take the necessary steps to safeguard your immigration status while traveling. Remember, this article provides general information and is not a substitute for personalized legal advice. If you have specific questions or concerns, consult with an immigration attorney or qualified professional who can provide guidance tailored to your situation.

Are you ready to remove the conditions on your green card? Simplify the process by signing up with SimpleCitizen! Our user-friendly platform will guide you through the I-751 application, ensuring accuracy and efficiency every step of the way. Get started today. We’re happy you’re here!

What is Form I-751?

Form I-751, Petition to Remove Conditions on Residence, applies for a 10-year green card when a permanent resident’s 2-year conditional green card expires. A conditional green card is a type of green card explicitly given to people who are married to US citizens who were married for less than two years at the time of green card approval. When filing Form I-751, a couple must provide evidence that the marriage is genuine and they are still living together. Failure to file Form I-751 or remove the conditions can result in USCIS terminating the green card and placing the individual in removal proceedings. 

When to file Form I-751:

Typically, unless the form’s joint filing requirement is requested to be waived, it can be submitted up to 90 days before their conditional green card expires. USCIS states, “If this petition is not filed, you will automatically lose your permanent resident status two years from the date you were granted conditional status. You will then become removable from the United States. SPECIAL NOTE: If your failure to file was through no fault of your own, you may file your petition late with a written explanation and request that USCIS excuse the late filing. Failure to file before the expiration date may be excused if you demonstrate when you file the petition that the delay was due to extraordinary circumstances beyond your control and that the length of the delay was reasonable.”

If Form I-751 is filed with a request to waive the requirement of joint filing under the approved USCIS reasons, the petition can be filed at any time between green card approval and its expiration. 

Connected Forms

Generally, this form is filed separately from other forms and doesn’t require any other forms to be filed simultaneously.

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Connected Articles: 

How to Apply to Remove the Green Card Conditions

Form I-751 & How to Prove Your Marriage is Legitimate 

What happens after submitting your I-751 – Petition to Remove Conditions? 

Calculating When to File for the Removal of Conditions 

5 Tips for Removing Conditions After a Divorce 

Understanding Which Green Card Renewal Process is Right For You

Form I-90 is filed to renew a green card, also known as the Application to Replace Permanent Resident Card. This application is used by individuals with 10-year green cards and should not be used by people with 2-year conditional green cards seeking to renew their expiring green card. However, form I-90 CAN be used to replace lost, stolen, or incorrect 2-year green cards. The process for renewing a 10-year green card can begin up to six months before the card expires. Renewing a green card is a straightforward process, allowing you to continue living and working in the United States without interruption.

 Cost

As of May 2025, the paper filing fee for form I-90 is $465 and the online filing fee is $415. However, there are some exceptions to these fee amounts so be sure to look up the USCIS fee calculator to learn the correct fee amount for your specific situation.

 Filing on time

Letting a green card expire does not remove the permanent resident status. However, it can cause other problems if there is no proof of permanent residency. Without this proof, getting a home loan, renewing a driver’s license, traveling outside the United States, or starting a new job may be difficult.

 After filing the I-90:

• About 2-6 weeks after you file the I-90, USCIS will mail a Notice of Action, also known as Form I-797. This confirms that a petitioner filed to renew the green card. Processing times for these applications will vary depending on the processing center. Click here to view the USCIS processing times page.
• Typically your I-797 receipt will have a temporary extension of your green card while USCIS processes your case.
• After that, USCIS may send a notice of the biometrics appointment.
• USCIS typically doesn’t interview people as part of the regular green card renewal process. However, in certain circumstances, such as an applicant being arrested or convicted of a crime, they may require an interview.

While waiting for a green card renewal, permanent residents may carry the expired green card and the I-797 letter that proves the applicant filed the renewal.

Renewing your green card is important in maintaining your legal status as a permanent resident in the United States. By submitting Form I-90, Application to Replace Permanent Resident Card, along with the required fee and supporting documents, you can renew your green card and continue to live and work in the United States without interruption.

It's important to keep in mind that the process and requirements for renewing a green card may change over time, so it's always best to check the official website of the US Citizenship and Immigration Services (USCIS) for the most up-to-date information and to consult with an immigration lawyer if you have any questions or concerns. And remember, renew your green card before it expires to avoid any potential issues or delays.

Overall, renewing your green card is a simple process that will give you peace of mind knowing that you are legally allowed to live and work in the United States.

Using SimpleCitizen

If you're looking to renew your green card, the process can seem overwhelming. That's where SimpleCitizen comes in! SimpleCitizen is a service that makes it easy to renew your green card by guiding you through the process step-by-step.

To use SimpleCitizen, simply create an account and start renewing your green card. The service will help you fill out Form I-90, Application to Replace Permanent Resident Card, and provide instructions on what information is needed. You'll be able to upload any necessary documents through SimpleCitizen as well.

With SimpleCitizen, you can confidently and efficiently complete the necessary steps to renew your green card and maintain your permanent resident status in the United States. Don't stress about the renewal process - use SimpleCitizen to make it easy- Get Started.

The process of removing the conditions from a 2-year green card can be complex, but with the proper guidance, it can be smooth sailing. Failure to file Form I-751 or remove the conditions can result in USCIS terminating the green card and the individual being placed in removal proceedings.

The Conditional Green Card

There are two categories of immigrants who are first issued conditional permanent residency:

• Marriage-based: Immigrants who apply for a green card based on their marriage to a US citizen and have been married for less than two years at the time of their application approval will be issued a conditional green card by the US Citizenship and Immigration Services (USCIS). This green card is valid for two years and must be renewed before it expires. 
• Entrepreneurs/Investors: Conditional green cards are issued to entrepreneurs and investors who apply for green cards based on their investments in the United States. This green card is valid for two years and must be renewed before it expires. 

As previously mentioned, all conditional green cards are only valid for two years and must be renewed. To do this, the green card holder can petition USCIS to remove the condition by filing Form I-751 up to (but no more than) 90 days before the card expires. The following article provides information on calculating when you should file form I-751. Applicants cannot renew these conditional green cards via form I-90. Below we will give you more details on removing the conditions from your green card for marriage-based applications. Remember that the couple must provide evidence that the marriage is genuine and that they are still living together.

If you are ready to remove the conditions on your green card, SimpleCitizen can help to simplify the process. Find out more here. 

Marriage-based Green Cards typically have conditions that need to be removed after 2 years

To remove the conditions on a marriage-based green card, applicants must file Form I-751, Petition to Remove Conditions on Residence Based on Marriage. It is important to note that the applicant can only file this form within a 90-day window before the green card expires. USCIS will reject the form if filed before the 90-day window. 

There are risks associated with failing to file Form I-751 before the green card expires. If the form is not filed within the 90-day window, USCIS may terminate the green card holder’s residency status, and removal proceedings may begin. In this case, the green card holder must appear at a hearing to prove that they complied with the requirements to keep their residency. If they cannot do so, they will lose their residency and will be required to leave the country.

To avoid these risks, it is essential to file Form I-751 within the 90-day window before the green card expires. This will ensure that the green card holder’s permanent resident status is maintained and that they can continue living and working in the United States. 

How much does it cost:

As of May 2025, the filing fee for Form I-751 is $750, though fee exemptions do exist for certain situations.

If you want to calculate the total fee for your specific situation, you can use the USCIS filing fee calculator to determine the exact fee amount.

Next Steps After Filing Form I-751, Removal of Conditions:

• About three weeks after filing Form I-751, USCIS will send a Notice of Action,  Form I-797. This form confirms that USCIS has received the petition and grants two additional years of conditional residency while USCIS processes the case. This extension notice can be used in conjunction with the expired green card as proof of the applicant’s continued ability to work and travel. 
• USCIS will then send a notice of the biometrics appointment. In some cases, USCIS may choose to apply the biometrics from your previous application to your current petition. If this is the case, you will be notified and will not have to attend a biometrics appointment.
• Two things might happen in the processing time following filing a petition: USCIS may send what’s known as a “request for evidence,” asking to provide further proof of a bona fide marriage. In addition, they may require an interview at a USCIS office. Both are up to USCIS discretion; well-prepared petitioners can be exempted from both. 
• USCIS will then decide on the petition and either approve or deny the application. 

While waiting for USCIS to process a case, petitioners can carry their expired conditional green card and the I-797 receipt notice that proves a petition has been made to have conditions removed. These documents prove that the holder has a valid right to remain in the United States. 

Petitioners may travel outside the United States while USCIS processes their petition if they receive the I-551 stamp in their passport. This serves as proof of residency for a one-year period. They can also use their expired conditional green card and the I-797 receipt notice for the petition to remove conditions to work and travel while the application is pending.

Removing the conditions on a conditional green card is essential in obtaining a permanent green card. By filing Form I-751, Petition to Remove Conditions on Residence, jointly with your US citizen spouse, who sponsored you for the conditional green card, within the 90 days before the conditional green card expires, you can remove the conditions and obtain a permanent green card.

Overall, removing the conditions on a conditional green card is an essential step in the journey to becoming a permanent resident, and it's a process that applicants should take seriously. With the proper guidance, you can navigate the process efficiently and obtain your permanent green card.

Ready to take the next step toward obtaining a permanent green card? Let SimpleCitizen guide you through removing the conditions on your green card. With our easy-to-use platform and expert guidance, filing Form I-751 has never been simpler. File Form I-751 with SimpleCitizen.

USCIS requires people to file to remove the conditions on their 2-year, conditional green card. If filing jointly with your spouse or parent’s spouse this must only be filed within the 90 days before it cards expiry date. Filing the removal of conditions application before the 90-day window results in the rejection of the application and filing after the 90-day window could result in the denial of the application. This 90 day rule does not apply for certain situations such as those shown on the following chart from USCIS:

Please note that USCIS calculates the submission date based on the day the application  arrives at their office. Applicants should take care that they do not accidentally have their application delivered even one day early. Applicants have been rejected because the mailing service they used got their application to USCIS one day before their 90-day window began.

When necessary, an applicant can file after the 90 day period by providing a good explanation along with the application detailing the circumstances that caused them to file late. However, please note that this does not guarantee that USCIS will accept the late filing, though it can help increase the odds. 

You can calculate your approved filing window using the USCIS filing date calculator here. In order to use this calculator, you will need to know the expiry date of your Conditional Permanent Residence, which should be listed on your 2-year green card. 

Additionally, please feel free to use the following examples to help you better understand how to determine the approved filing window for your Removal of Conditions application.

Example: If Sarah’s 2-year conditional green card expires on July 4th, 2023 (07/04/2023) the soonest she would be able to file her I-751 application with USCIS sometime between April 5th 2023 (04/05/2023) and July 4th, 2023. 

Last Updated: April 8, 2024

  

After applying for a green card through marriage to a U.S. citizen or lawful permanent resident (LPR), a person is given a “conditional residence” status if their marriage was less than two years old on the day that they were lawfully admitted to the United States or were granted their green card. This conditional residence status grants the individual a green card that is valid for two years instead of the typical ten given to permanent residents. This means that their green card is conditional on their marriage to their US-connection (spouse) and they must come back and prove to USCIS that their marriage was/is legitimate.

After two years, applicants are able to file to have the conditions removed from their green card and request that they be granted permanent resident status without conditions so that they can be granted a 10-year green card. This is often referred to as the Removal of Conditions application and is done by filing Form I-751, Petition to Remove the Conditions of Residence.

One of the primary purposes of this application is to provide USCIS with extensive proof that the marriage has continued and is legitimate. If a marriage has ended before applying for a Removal of Conditions, extensive proof of the relationship being legitimate will be needed and the application will be subject to a  higher degree of scrutiny from USCIS. This article outlines different strategies that can be implemented in order to help a Removal of Conditions application have the highest chance of success possible. 

Below, we have detailed the following for you: 

1. Form I–751 Overview 
2. Warning Signs USCIS looks for when Adjudicating Form I-751 applications
3. Evidence Recommendations to Strengthen an Application 
4. Tips for uploading relationship evidence to your SimpleCitizen Account 

Form I-751 Overview

Here is a brief overview of some of the key points to remember when filing Form I-751 and applying to remove the conditions from a conditional green card:  

• A person must pass a period of conditional residence if their status is based on a marriage that is less than 2 years old.
• The period of conditional residence is 2 years. 
• A person must file the I-751 within the 90 days before their conditional green card expires. Failing to do so could result in the loss of permanent status and their removal from the United States. If you want help calculating the date you are eligible to file for your Removal of conditions, click here.
•  The form must be filed jointly by the two spouses in most situations. However, there are some exceptions in instances of divorce or the death of the spouse. For more information on filing Form I-751 with a divorce waiver, please view the following article: here
• The filing fee for an I-751 is $750.
• If a dependent child is added an extra biometrics fee is also added for each dependent child on the form.

If you’re looking for a complete guide on how to complete and submit the Form I-751, click here.

What is the difference between Removing the Conditions of my Green Card and only Renewing my Green Card?

People who have been granted an initial 2 year green card go through the process of applying for Removal of Conditions and use Form I-751. People with an already 10 year green card about to expire need to Renew their Green Card and must file Form I-90. When applying to remove the conditions, a 2-year green card holder needs to submit with their application various evidence and information to show USCIS the ongoing relationship to the sponsor that petitioned for their green card in the first place. You can find more information about the two forms and their differences here.  

Showing Evidence & Proving your Legitimate Marriage

The “burden of proof” is the responsibility of a person to present evidence that their marriage has been entered in good faith , and therefore removal of conditions of their green card should be granted. Essentially, USCIS requires that new evidence be submitted to show  The “burden of proof” is placed on the person applying for removal of conditions. 

In this portion of the article we will provide important information about some situations that can present red-flags for USCIS adjudicators and we will give applicants examples of important evidence people can add to their application to satisfy the “burden of proof” required by USCIS. 

Warning Signs:

USCIS adjudicators assign different fraud warning levels to applications based on their relationship  evidence and the circumstances of their case.  

Here is a list of example scenarios that could potentially raise red-flags for fraud from USCIS on a person’s application:

• Large disparity of age
• Inability of petitioner and beneficiary to speak each other’s language.
• Vast difference in cultural and ethnic background
• Family or friends unaware of the marriage
• Marriage arranged by a third party
• Marriage contracted immediately following the beneficiary’s apprehension or receipt of notification to depart the United States
• Discrepancies in statements on questions for which a husband and wife should have common knowledge
• No cohabitation since marriage, even if there are valid reasons
• Beneficiary is a friend of the family
• The petitioner has filed previous petitions on behalf of aliens, especially alien spouses
• Limited relationship evidence 

In cases where the fraud level increases, the likelihood of an interview also increases. For applicants experiencing any of the situations listed above, it can be extremely helpful to include extensive relationship evidence that supports the validity of the relationship. 

Proving Your Legitimate Marriage

Although a marriage certificate is required and proves a marriage is legally established, it does not prove the marriage was entered in good faith. To prove the legitimacy of the relationship, it is best practice to provide as many documents as possible to show the nature of the marriage and equally as important is that this evidence extends throughout the full duration of the relationship. 

We have seen customers find the most success when their evidence is extensive and varied. If a benchmark would be helpful for you, it could be useful to aim for approximately 100-200 pieces of evidence with approximately 10-15 different evidence types. The evidence should span the full duration of the relationship.

 Examples of evidence we have seen be preferred by USCIS for customers in the past includes the following:

1. Evidence of spending time together
2. Evidence of joint financial responsibilities
3. Evidence of living together
4. Evidence of raising children together

We have included lists for each of these evidence categories below with extensive examples of acceptable evidence. 

IMPORTANT TIPS BEFORE STARTING:

1. When adding evidence it is important to make sure the documents added clearly show that the evidence belongs to the couple, either by having BOTH people in the pictures or clearly showing BOTH names under the documents the couple is adding.
2. It is important they show varied evidence not only from the current year but from all the years that the couple has been married. When adding pictures, joint leases, joint bank accounts, joint utility bills, joint insurances, tax returns, joint utility bills, etc. 
3. If possible, add 3-4 copies of these documents for EVERY YEAR the couple has been together. 

1. Evidence of spending time together

Most married couples do things together. Showing evidence of the relationship, and of the couple doing things together is a key way of showing a good faith marriage. Here are some examples of documents that can help prove a couple’s time spent together and therefore a marriage entered in good faith:

• Photos from joint vacations or trips, especially trips abroad to visit relatives at different times during the full duration of the marriage. Listing names and dates of the photographs is usually helpful.
• Photographs from the couple’s wedding, honeymoon, get-aways, family meals, holidays, etc. List the date and names of the people in the photographs. 
• Travel itineraries and lodging bookings from joint vacations or get-aways showing both names.
• Cards from loved ones complimenting you on your wedding, anniversary, or other joint life events.
• Evidence that the spouses have met or communicated with each other's parents and relatives, including photographs, letters, cards, emails, messages, etc.
• Telephone and instant message records that show both names  demonstrate that the spouses communicate regularly. 
• Tickets to events both spouses attend or plan to attend.
• Receipts for gifts spouses bought for each other.
• Records of social media posts and interactions, including screenshots of Facebook pages, Twitter posts, Instagram posts, etc. that include timestamps. 
• Documents showing membership in the same clubs, churches, teams, etc.
• Documents showing that one spouse took the other’s last name.

2. Evidence of joint financial responsibilities

Many married couples combine finances in a shared effort. Even if a couple would otherwise prefer to keep finances separate, it might not be a bad idea to commingle finances to help show evidence of a good faith marriage. A person can use these documents to show evidence of joint financial responsibilities. - 

• Bank statements for joint accounts with both names from throughout the whole time the account has been shared. Usually 1 bank statement for every 3-4 months can be good evidence.

• Statements for loans where one spouse is a co-signer for the other spouse.
• Voided and canceled checks for joint accounts.
• Joint insurance agreements, statements, and cards, including health, life, property, and auto insurance, etc.
• Utility bills showing both names, including, cell phone, trash, cable, internet, electricity, water, gas bills, etc throughout the whole time the bills have been shared. Usually one statement for every 3-4 months per bill type can be good evidence. 
• Joint memberships and subscriptions such as Amazon, Costco, Netflix, gym memberships, etc. You can add screenshots or cards that show both people under the same membership.
• Life insurance policies, wills, and trusts, showing a spouse as a beneficiary. 
• Documents showing joint ownership of cars, real property, or investments.
• All Tax returns filed jointly as a married couple showing both names (with the couple’s W-2s).
• Funeral plans or intended burial locations that involve or are close to a spouse.
• Copies of bank statements from separate accounts and payment receipts showing that the spouses both contribute to financial responsibilities and payments. For example, bank statements from separate accounts could show that each spouse pays half of rent each month.
• Copies of driver’s licenses showing the same address for each spouse;
• Copies of vehicle titles showing joint ownership.
• Money transfers. 

Commingling finances isn’t required, however, it provides good evidence of a good faith marriage and failing to include it can make a case more vulnerable to scrutiny. 

3. Evidence of living together

Because most married couples live together USCIS sees this as another strong form of relationship evidence. Showing evidence of cohabitation, or living together is a good place to start. Remember, USCIS wants to see evidence for the full duration of the relationship so evidence should be provided for the full length of time the couple has lived together. Use these documents to show evidence of cohabitation:

Primary Evidence: 

• Mortgage or loan papers with both names extending back the full duration of the relationship.
• Lease agreement showing both names extending back the full duration of the relationship.
• Deed to property indicating both names.

Secondary Evidence: 

• Bank statements giving the same address for both spouses.
• Driver’s licenses or identification documents showing the same address.
• Voided or canceled checks showing the same address.
• Property insurance agreements, statements, or cards showing the same address.
• Health and life insurance statements showing the same address.
• Correspondence from friends, family, or businesses showing the same address.
• Utility bills showing the same address, including, cell phone, trash, cable, internet, electricity, water, gas bills, etc.Usually one statement for every 3-4 months per bill type can be good evidence. 
• Affidavits from family, friends, neighbors, and landlords testifying of cohabitation (more on this later).

Cohabitation isn’t required for a marriage to be legitimate, however if a couple has not lived together for their duration of their marriage or for long periods of time this can make a case more vulnerable to scrutiny.  Some circumstances require spouses to live separately, such as jobs in different locations and military service. While this circumstance could cause higher scrutiny by USCIS individuals in this situation can add letters explaining the reasoning for living apart and any future plans of moving in together.

4. Evidence of raising children together

Showing proof of raising children together will provide evidence of a legitimate marriage. Use these documents to show evidence of raising children together:

• Adoption certificates showing the two spouses as the parents.
• Birth certificates showing both spouses as parents.
• Documents that show a relationship with children or step-children, including vacation itineraries, photos, school records, affidavits from friends, family, and teachers.
• Documents showing the step-parent as the emergency contact for a step-child, including, doctor’s records, school records, etc.
• Medical records showing an ongoing pregnancy.

Again, it isn’t required to have or raise children together. It is just helpful evidence to show a good faith marriage. Evidence of raising step- or adopted children together can also be good evidence to add into an application.

Affidavits

Affidavits were listed above as documents that could provide evidence of intimacy, cohabitation, and raising children together. “Affidavit” is just a formal  word for a written statement for legal use that is confirmed by oath. Affidavits can be very convincing. Spouses can  get their family, friends, neighbors, and employers to write down their personal observations witnessing the legitimacy of the marriage. 

You can find more information about the affidavits of support from families and friends here. 

Tips for uploading relationship evidence to the SimpleCitizen platform:

Uploading organized relationship evidence is important so that the USCIS officer can easily look through your application. The easiest way to upload relationship evidence is to organize it by evidence type, merge the documents into PDFs, and then upload them under the different categories. 

For example, for bank statements, putting them in chronological order, putting them all into a single PDF, and then uploading a single Bank Statements document is often the simplest way.

For photos, people often put them into a word document or powerpoint presentation and then save the file as a single PDF and then upload that.

You can use a program like the following website to merge your documents. Please be sure to find one that you trust. Adobe Acrobat, if you have it, tends to be a secure and user-friendly option. 

Last Updated: January 15, 2020.

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Removing conditions can be a relatively straightforward process, especially if you and your spouse provide enough bonafide evidence to convince the United States Citizenship and Immigration Services (USCIS) that your marriage is legitimate.

However, if you were divorced during the conditional period, the process can become more complicated.

What is the Form I-751 Petition to Remove Conditions on Residence?

When a U.S. citizen and a foreign national get married, the USCIS grants a conditional 2-year green card. The 2-year conditional period is designed to allow the USCIS to make sure the marriage is legitimate. The conditional green card process can be avoided if the couple files for the green card 2 year or more after their date of marriage.

After two years, you will need to petition to the USCIS to prove that your marriage is legitimate and entered in “good faith”. Form I-751, Petition to Remove Conditions on Residence is the form you will file to remove your conditions and apply for a 10-year green card.

You can submit the form 90 days prior to your green card expiration date. If you fail to remove conditions before the expiration date, you will lose your lawful permanent residence status, and the process for removal will commence. If your 2-year green card has expired and you haven’t filed to remove your conditions, you should call an immigration attorney immediately. Here you can find a list of high-quality attorneys in your area.

You are generally eligible to remove your conditions if:

• You are still married to the same U.S. citizen.
• You entered into your current or previous marriage “in good faith” but you or your child were battered or abused by the U.S. Citizen that you married.
• You entered into your marriage “in good faith” but the marriage ended through divorce or annulment.
• You entered into your previous marriage “in good faith” but you were widow.

1. Don't Forget the Waiver

The portion of Form I-751 that is applicable to marriage status is under Part 3: Basis for Petition and is known as “Joint Filing”. This section of the form requires that you identify whether or not your spouse will be participating with you in filing this petition for condition removal. Further down, in section 7, signatures are required from both parties.

In part 3, underneath the section on Joint Filing, there is a section to request a waiver to avoid Joint Filing. The only reason that Joint Filing may need to be waived is if the relationship in your marriage is damaged or presence of your spouse deems Joint Filling impossible.

Conditions that may require the waiver:

• Your spouse is deceased.
• The marriage was terminated.
• You were subject to cruelty in your marriage.
• Removal from the United States back to your home country would create significant hardship.

If these conditions apply to you, check the appropriate box in the section under part 3. Be aware that if you check the box indicating that you and your spouse were divorced before your two year anniversary, you will receive an RFE (request for evidence) which must include you final divorce decree.

2. If Your Divorce is Not Finalized

So what happens if you don’t have a final divorce decree? This may be the case if you and your spouse have separated, but have not started or completed the divorce process prior to the 90-day deadline. Additionally, this may be the case if you are still married but your spouse refuses to file the I-751 form with you.

There are three courses of action that you may take in this situation:

1. You may choose to remain married through the separation, and file for the waiver under battery. This option is only available to you if these conditions apply to your individual situation.
2. You may send in evidence that the divorce process has begun. This process may be a risky one if the divorce is not finalized in time to respond to the RFE (which requires a finalized divorce decree). There may be unfortunate consequences if this is the case.
3. If you had applied prior to your 2-year anniversary, failure to respond to the RFE will result in the commencement of removal proceedings.
4. If you had already begun removal proceedings due to expiration of your conditional card,failure to produce a final decree may result in the judge not giving you a second chance. You may be removed from the United States. Wait until your conditional green card has expired, and then appeal once the removal proceedings have begun.

If you are caught in any of these situations, you should contact an immigration attorney.

3. Gather The Evidence

As you may have noticed from the previous qualifications mentioned in this article, one possibly confusing phrase that is used, is “in good faith”. This phrase refers to the original intent behind your marriage. Now, you may be asking how the government could reasonably measure something as subjective as intent.

There is an order of information you may be required to produce to prove that your marriage was of “good faith”. This is especially true if your marriage has ended, because it calls the original intent of your marriage into question. To make sure that you and your spouse were not taking advantage of the system, anything that proves the genuine nature of your marriage will be accepted.

The criteria for information that can be provided all show proof that you and your partner attempted to build a life of substance together. This shows commitment and good intention. The following will contribute to your case that your marriage was “in good faith” (in order from most to least helpful):

• You and your spouse not only have children, but have children together:
  • Provide birth certificates to prove that the two of you had biological children together
  • Provide adoption records to prove that you adopted a child together if biological children were not possible or preferred
• You share resources:
  • Things you can provide to prove the existence of a shared financial or other resource system:
    • Proof of shared bank accounts or funds
    • Proof of shared maintenance on a home
    • Proof of tax returns
    • Credit card or loan statements
    • Leases, mortgages, or deeds
    • Common club membership
    • Common religious organization
    • Common associations
    • Common teams
    • Anything that has your shared names on it

If you are currently living apart, because of the importance of this type of proof in showing you have built a life together, you will provide a detailed explanation for why you are living apart.

• You have shared insurance and estate:
  • Provide proof of shared home insurance
  • Provide proof of shared auto insurance
  • Provide wills or trusts
  • Provide proof of funeral plans
    • This may include set-aside finances or planned locations for burial
• You have shared vacations:
  • Provide travel documents (plane tickets, event tickets, etc.)
  • Provide itineraries for past vacations

If you can provide proof that your spouse went to visit your family outside of the United States, that is a great indicator of a marriage “in good faith”.

• You have photographs or gifts:
  • Provide wedding or other event pictures
  • Provide receipts for gifts
  • Provide cards that accompanied any gifts
• You have a shared name:
  • Provide proof of shared surname
• You have affidavits, letters, and correspondence:
  • Provide letters
  • Provide Facebook messages
  • Etc.

Gather whatever you think you may need well in advance.

Do not procrastinate this step until the end so that you may ensure that you can provide the best information to give you the best chance at getting your waiver approved.

Extra tip:

Once again, any evidence that you think would show the original success and intention of the marriage should be included. Provide anything that you have access to because it is better to have too much evidence that you had a good marriage rather than risk not providing enough. Specifically, be sure to provide as many types of evidence as possible rather than just large amounts of one type of evidence.

Example: Providing 1,000 pictures of the two of you is not nearly as effective as providing a few event photos along with statements of financial cooperation and travel documents.

Be sure that if you provide a lot of information, you are aiming for a wide range of quality inclusions rather than just large quantity of one inclusion.

4. Paying Attention to Timeline

With something as time-sensitive as a conditional green card, deadlines can make or break you.

If 2-year green card is 90 days from expiring, you can file Form I-751. If you have submitted the I-751 on time but are expecting an RFE, be prepared to provide the necessary information in a timely manner.

5. Divorce by Extreme Hardship

As part of request for evidence, you will likely want to include a written explanation of why your relationship ended. This will allow the government to see exactly who is at fault and it may help your case significantly.

In this process you may claim no fault divorce or that the divorce was your spouse’s fault.

In no fault divorce, you may want to explain exactly what split the two of your apart. It could be a mutual disagreement on finances, the choice to have children, etc. In this case, be prepared to prove that the marriage was “in good faith”.

If the fault all belongs to your spouse, you will want to provide any evidence that was used in your divorce case to prove this. This situation could apply if you were abandoned or anything else done to split the marriage. Once again, any information you could possible provide as long as it is true and quality will only help you case.

This second option (spouse’s fault divorce) can also qualify you to petition for a waiver under extreme hardship. This is one of the options on the I-751 under the waiver section.

You may also check the box if any of these apply to you:

• You have lived in the United States for so long that you have lost all ties to your home country.
• You can’t get a divorce due to religious or cultural tradition.
• You would experience persecution or alienation in your country.
• You have a medical condition that can’t be treated properly in the conditions of your home country.
• You would have difficulty finding a job in your home country.
• Your United States relatives would experience great financial loss without your income.
• You do not speak the language of your home country.
• You are the primary caregiver of children born in the United States (citizens) and they would have to come with you to your home country.

Again, be prepared to provide appropriate and thorough evidence if you claim any of these situations.  

Recap:

• Know the I-751 process.
• Make informed decisions so you fill out the petition to fit your individual needs.
• Gather all of your evidence well in advance so you can thoroughly support your claims.
• Pay attention to deadlines so you stay on top of the approval process.
• Know your situation so you know if extreme hardship can apply to you.

For more help with filing the I-751 and other immigration questions, visit www.simplecitizen.com and chat with one of our immigration experts!