What are Forms I-130 and I-130A?

Form I-130, Petition for Alien Relative, is the form used by a U.S. Citizen or Lawful Permanent Resident to petition for their relative who wants to immigrate to the United States. This form is the first step in a two-part immigration process for individuals looking to bring relatives into the United States. Unlike many immigration forms which are filed by an intending immigrant, this form is completed by the U.S. Citizen or Permanent Resident for their relative themselves. 

Form I-130A is an associated form that collects more required information if a spouse is petitioning the intending immigrant. 

Since this Form(s) is just part of a more extensive process, submission and approval of this form alone does not confer any status, work authorization, or permanent residence in the United States. Instead, the Form’s approval confirms that you have a qualifying familial relationship that your relative can use to apply for permanent residence. 

When to file Form I-130:

Regardless of whether the intending immigrant is inside or outside of the United States, the first step in beginning their journey to permanent residence is to have their family member file Form I-130. 

After your I-130 is received, it will be reviewed. USCIS prioritizes the review of petitions from Immediate Relatives. USCIS does not limit the number of immigrant visas (green cards) granted annually to immediate relatives. Because of this, the processing time is faster for Immediate Relatives than other relatives. Congress permits a limited number of Family Preference visas per year. Therefore, people in this category often wait longer for a visa number to become available. Priority depends on when the I-130 was submitted. The wait time can range from 6 months to 6 or more years.

Connected Forms:

Filing for a relative living inside the United States: If the relative is considered an immediate relative of a U.S. Citizen (spouses of citizens, unmarried children (under age 21) of citizens, and parents of citizens 21 years of age or older), they may be eligible to file Form I-485, Application to Register Permanent Residence or Adjust Status, at the same time as the Form I-130.

Filing for a relative living outside the United States: If the intending immigrant lives outside the US, they will file just Form I-130. Then, following the I-130 Approval, Form DS-260 will be filed with the National Visa Center.

We’re happy you’re here!

SimpleCitizen is here to help you achieve the American dream. Safely and accurately apply, submit, & stay on top of your immigration status. Let SimpleCitizen guide you through filing Form I-130. With our easy-to-use platform and expert guidance, filing Form I-130 has never been simpler. Check your eligibility to Form I-130 with SimpleCitizen.

Learn more about what we do, our application assistance timeline, and what customers say about SimpleCitizen’s services.

Do you have a question about SimpleCitizen’s application packages? Let’s chat!

Connected Articles: 

What Happens After Submitting the Form I-130?

Who May File Form I-130?

What is Form I-130 Used For? 

Understanding the Different Paths to Permanent Residency for Marriage-Based Applications 

What is Form I-129F?

I-129F, Petition for Alien Fiancé(e), is the form used for a US Citizen to bring their non-citizen fiance to the United States to get married and then apply for permanent residence. Filing Form I-129F is the first step in the process of getting the K Visa (Fiancé(e) Visa). A K-1 Visa is issued to the foreign fiancé(e) of a U.S. Citizen that allows them to enter the United States temporarily. Upon arriving in the United States, the couple has 90 days to marry. To be eligible for this type of Visa, the couple must meet two primary requirements:

1. Have met each other at least once in person within the last two-year period (exemptions are available)
2. Both must be legally free to marry in the United States. 

When to file Form I-129F:

Filing Form I-129F is the first step toward receiving a Fiancé(e) Visa. This form can be filed as soon as a couple meeting the above requirements is ready to pursue a K visa. Overall timelines for the entire Fiancé(e) visa can take 1-2 years, depending on the timelines of the embassy or consulate where the application is processed.

Connected Forms:

Generally, this form is filed separately from other forms and doesn’t require any other forms to be filed simultaneously. However, there are connected forms filed following the approval of the I-129F. Below is a brief overview of that process:

Step 1: Petitioner files Form I-129F, Petition for Alien Fiancé(e)

The petitioner, usually the U.S. Citizen Partner, must file Form I-129F, Petition for an Alien Fiancé(e), with USCIS. The filing fee for this form is currently $675. Find the PDF version of this form and the filing instructions here.

Step 2: Receive Notice of Action (I-797C) 

After a few weeks, applicants usually receive Form I-797C, Notice of Action, from USCIS. This indicates that the application has passed basic checks and is awaiting adjudication. During this adjudication, the petition will either be approved or denied. It usually takes anywhere between 8-10 months for a petition to be approved. 

Step 3: Approval and Jurisdiction Transfer to National Visa Center 

Once USCIS has approved the petition, they transfer jurisdiction of the case to the National Visa Center (NVC), a segment of the U.S. Department of State. Here the NVC will issue the applicants a case number. This case number is very important, so be sure to keep it in a safe place!

Once NVC assigns the application a case number,  it will forward the I-129F packet (application) to the embassy of the home country of the foreign fiancé(e). 

Step 4: Filing for a K-1 Visa (Form DS-160) 

After the application has been forwarded to the embassy closest to where the foreign fiancé(e) lives, the applicant is then able to fill out Form DS-160 to apply for their K-1 Visa and pay their DS-160 Filing Fees. Form DS-160 is filled out and submitted online. To access the form, click here. For answers to frequently asked questions about Form DS-160, check out this helpful link!  

Be sure to keep the following information for your records

1. The USCIS receipt number. It is also known as a case number.
2. Principal Applicant
3. Petitioner 
4. Interview location 

Step 5: Schedule and Have an Interview 

Once the status of the case is “Ready,” the applicant can reach out to their local U.S. embassy and schedule their K-1 Visa Interview. However, Form DS-160 must be submitted, the medical examination must have taken place, and the application fees must be paid before the interview can take place. The applicant should ensure they bring all required documents to the interview to avoid delays or complications. This includes the receipt number from their application payment and the printed confirmation information for their completed DS-160 application. 

Step 6: Visa Granted, Enters USA

If their visa is granted, the foreign fiancé(e) will get a visa stamp in their passport, which can then be used to enter the United States within 4 months of its issuance. Remember that this is a temporary Visa, so be sure to enter the U.S. before it expires. 

Step 7: Get Married Within 90 Days of Entry 

After entry into the United States, applicants have 90 days to get married. This is because the Fiancé(e) status automatically expires 90 days after admission and cannot be extended. The applicant must leave the United States at the end of the 90 days if they are not yet married. 

Call-out: When marriage does not happen within 90 days, AND the fiancé(e) does not depart, they will violate U.S. immigration law. This could affect their future eligibility for U.S. immigration benefits and may result in removal r(deportation).

Step 8: Apply for Adjustment of Status to Gain Permanent Residency

After marriage, the next step is for the couple to file for a green card (Form I-485, Adjustment of Status). If the foreign partner intends to work in the U.S. or travel outside the country while their application is being processed, they must also file for a Work and Travel Permit (Forms I-765 and I-131, respectively) and From I-864, Affidavit of Support. Filing these forms concurrently with Form I-485 results in waiving their fees.  

We’re happy you’re here!

SimpleCitizen is here to help you achieve the American dream. Safely and accurately apply, submit, & stay on top of your immigration status. Let SimpleCitizen guide you through filing Form I-129F. With our easy-to-use platform and expert guidance, filing Form I-129F has never been simpler. Check your eligibility to Form I-129F with SimpleCitizen.

Learn more about what we do, our application assistance timeline, and what customers say about SimpleCitizen’s services.

Do you have a question about SimpleCitizen’s application packages? Let’s chat!

Connected Articles: 

Understanding the Different Paths to Permanent Residency for Marriage-Based Applications

What is Form I-90?

Form I-90, Application to Replace Permanent Resident Card (Green Card), is used to renew or replace Permanent Resident Cards. The Green Card is evidence of a person’s status as a Lawful Permanent Resident, and although an expired green card doesn’t always mean an individual’s status as a green card holder expires, the renewal of the Green Card is vital as evidence of that status for things such as work and travel. The Form I-90 is commonly used if a 10-year green card is expired or about to expire or if any green card needs to be replaced due to being lost, stolen, damaged, destroyed, etc.

Green Card Renewal:

The process to renew a green card via Form I-90 can begin six months before a green card expires. Renewing a green card is straightforward, allowing you to continue living and working in the United States without interruption. Individuals with 10-year green cards use this form use this application, and people with 2-year conditional green cards should not use it. 

Green Card Replacement:

Whether a 2-year or 10-year green card is held, Form I-90 is used anytime a replacement card is needed due to a card being lost, stolen, a name change occurring, incorrect information on a green card, etc. 

When to file Form I-90:

The timeline for filing Form I-90 will depend on the reason for filing. 

For renewals of the green card, the application can be filed up to 6 months before the Green Card expiration. 

For replacements of the green card, which can happen for various reasons, the application can be filed whenever a replacement is required.

Connected Forms:

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

We’re happy you’re here!

SimpleCitizen is here to help you achieve the American dream. Safely and accurately apply, submit, & stay on top of your immigration status. Let SimpleCitizen guide you through filing Form I-90. With our easy-to-use platform and expert guidance, filing Form I-90 has never been simpler. Check your eligibility for Form I-90 with SimpleCitizen.

Learn more about what we do, our application assistance timeline, and what customers say about SimpleCitizen’s services.

Do you have a question about SimpleCitizen’s application packages? Let’s chat!

Connected Articles:

Understanding Which Green Card Renewal Process is Right For You

How to Renew a Missing Green Card 

Green Card Renewal Form I-90 Filing Fee 

What Happens After Filing Form I-90?

What is the Class of Admission on Form I-90?

How to Apply to Renew a 10-Year Green Card

Top 5 Reasons Green Card Renewal Applications Are Rejected

The main goal of this article is to give you information about the risks and consequences of working in the United States without proper authorization. We will also explain some potential options for people in the United States working without authorization. 

Working in the United States without proper authorization is generally not allowed, and people who are working without authorization or overstaying their visas may face serious consequences. However, some family members of US citizens seeking a green card through marriage may have certain exceptions or options. Please note that this article is not a substitute for legal advice. There are possible repercussions if you work in the United States without proper authorization. It is a good idea to talk to an immigration attorney or other qualified immigration professional to learn more about your options and the risks and consequences of your situation. 

Authorization within the Context of USCIS Immigration 

If you are planning to work in the United States, it’s essential to understand the concept of work authorization. Work authorization refers to the legal permit required for foreign nationals or non-citizens to work in the United States. Different types of visas offer different levels of employment authorization, so it’s essential to understand what kind of work you are allowed to do based on your visa type. 

Authorized work is any work done with current, valid work authorization. Unauthorized work is any work done when someone does not have current, valid work authorization or work outside the scope of their work authorization. The US government grants work authorization through various visa programs, such as the H-1B program for skilled workers and the E-2 program for investors. If you are interested in working in the United States, it may be worth exploring these options to see if you are eligible. 

For example, an F-1 visa and a J-1 visa are two types of visas that allow foreign nationals to come to the United States temporarily. They have different purposes and restrictions, though. 

Take the time to learn about your specific work authorization and its privileges and restrictions.

Accepting Unlawful Employment while in the US

Accepting unlawful employment violates US immigration laws and can have severe consequences, including being barred from applying for a green card or permanent resident status. If someone is considering accepting unlawful employment in the United States, they can consult with an immigration attorney or other qualified immigration professional. They can help you understand the potential risks and consequences of this action and advise you on any possible options that may be available to you.

There are certain situations where USCIS may grant forgiveness for unauthorized employment. For example, the Violence Against Against Women Act (VAWA) protects specific individuals who have experienced abuse or violence at the hands of a US citizen, permanent resident spouse, or parent. Additionally, certain military service members and their families may be eligible for forgiveness for unauthorized employment.

If you are in the United States on a visa and have overstayed your visa, or if you have worked without authorization, you may be able to adjust your status to a lawful permanent resident (also known as getting a green card). However, this is not the case for all immigrants, as the eligibility to be forgiven for unauthorized work only applies to immediate family members of US citizens seeking a green card through marriage.

View the screenshot below for more information about these exceptions to the adjustment bars. Please click here to read more on the USCIS website.

Working Without Authorization

It is not legal to work in the United States without proper authorization. If you are in the United States on a nonimmigrant visa, such as a tourist visa, you are not allowed to work while you are in the country. If you are found to be working without authorization, you could face serious consequences, including deportation.

It is also important to note that specific programs may allow you to work in the United States legally, such as the H-1B visa program for skilled workers and the E-2 visa program for investors. If you are interested in working in the United States, it may be worth exploring these options to see if you are eligible.

If you are considering applying for a green card and have worked without authorization, keep in mind that failing to disclose this information or providing false information on your application can have severe consequences and may result in USCIS denying your application or your deportation.

It is also important to note that falsely claiming US citizenship or permanent residency to work is a severe violation of immigration laws and can have serious consequences. Suppose you have used false documents or made false claims to work. In that case, it is strongly advised that you consult with an immigration attorney or other qualified immigration professional as soon as possible. They can help you understand the potential risks and consequences of these actions and advise you on any potential options available.

Overall, it is vital to understand the legal requirements for employment in the United States and to follow the proper procedures to ensure that you can work legally. As previously discussed, some of these requirements can be visa-specific, meaning that you should ensure that you are familiar with the roles of your specific visa type. 

SimpleCitizen can assist you and offer you peace of mind in adjusting your status or applying for a green card. Find out more here.

Published April 3, 2023

As of March 31, 2023, USCIS has updated its guidance on selecting gender markers on its forms and documents. Previously, individuals were required to indicate their gender based on their legal documents, but effective immediately, USCIS will allow individuals requesting immigration benefits to self-identify their gender marker. The selected gender will not be required to match the gender marker from their supporting documentation, and no additional documentation will be required. However, this does not apply to Form N-565, Application for Replacement Naturalization/Citizenship Document.

USCIS has indicated that currently, the only gender markers available are “Male” and “Female,” but The U.S. Department of Homeland Security (DHS) is actively working on adding an “X” marker “for another or unspecified gender identity.” Once that has been updated, USCIS will update its forms.

¿Cuál es el propósito de una carta de verificación de empleo?

Al pasar por el proceso de inmigración, es crucial demostrar a USCIS que el patrocinador, y cuando sea aplicable, el co-patrocinador (joint sponsor), cumplen con los requisitos financieros necesarios de acuerdo al número de personas que hay en su hogar. Además, el USCIS querrá ver una prueba de su situación laboral actual. Estas dos cosas se pueden probar a través de una carta de verificación de empleo (EVL). La carta de verificación de empleo proporciona pruebas tanto del empleo como de los ingresos actuales. 

_{Tenga en cuenta que una carta de verificación de empleo es diferente de una carta de oferta. Una carta de oferta demuestra que se ofreció un empleo y una carta de verificación de empleo demuestra que el empleo está en curso.}

La carta de verificación de empleo es necesaria al igual que las declaraciones de impuestos, los recibos de pago y otros documentos financieros. Su objetivo es reforzar el caso apoyando la afirmación del patrocinador de que es capaz de proporcionar un apoyo financiero adecuado al aplicante.

¿Quién necesita una carta de verificación de empleo?

El patrocinador y, en su caso, cualquier co-patrocinador en una aplicación de green card tendrá que proporcionar una carta de verificación de empleo. La carta será requerida como evidencia para el Formulario I-864.

Crear una carta de verificación de empleo:

¿Quién debe emitir una carta de verificación de empleo?

La carta de verificación de empleo debe ser emitida por el departamento de recursos humanos de la empresa o por el supervisor directo del patrocinador.

¿En qué tipo de papel debe estar la carta?

La carta debe llevar el membrete oficial de la empresa. 

¿Qué información debe incluirse?

• La fecha en que el empleador escribe la carta. Lo ideal es que sea dentro de los 2-3 meses siguientes a la presentación de la aplicación.
• El nombre, la dirección de la empresa y el cargo de la persona que emite la carta.
• El cargo del empleado en la empresa.
• La fecha en que el empleado empezó a trabajar en la empresa.
• Una descripción de las responsabilidades del empleado.
• El salario anual (preferible) o el salario semanal y el promedio de horas semanales del empleado.
• La situación actual del empleado (medio tiempo/tiempo completo o promedio de horas trabajadas por semana).
• En la medida de lo posible, una declaración sobre el potencial de empleo en el futuro (es decir, una declaración en la que se diga que la empresa prevé que el empleado trabajará allí durante mucho tiempo).
• Firma del redactor (representante de Recursos Humanos o supervisor directo).

Ejemplo de carta de verificación de empleo:

Ejemplo de carta de verificación de empleo: 

Si necesita ayuda para empezar, haga clic aquí para descargar una copia de nuestra plantilla de carta de verificación de empleo. 

Preguntas frecuentes: 

¿Qué pasa si soy empleado independiente?

Al realizar el proceso con SimpleCitizen, el sistema le permitirá seleccionar que es un trabajador independiente. A continuación, le hará una serie de preguntas sobre sus ingresos, la descripción de su trabajo y las fechas en las que ha trabajado como empleado independiente. Las respuestas a estas preguntas sustituirán la necesidad de una carta de verificación de empleo por una lista de nuevos documentos requeridos. 

¿Qué pasa si tengo más de un trabajo?

Si tiene más de un empleo, tendrá que incluir una carta de verificación de empleo para cada uno de los empleos que tiene actualmente. A continuación, sumará los valores de los ingresos combinados en todos los formularios como ingresos anuales totales en el cuestionario.

Acabo de empezar a trabajar, ¿necesito una carta de verificación de empleo? 

Si acaba de empezar su trabajo, añadir la carta de oferta original así como una verificación de empleo sería la mejor manera de ilustrar su empleo actual al USCIS. Es menos probable que USCIS acepte la documentación de un patrocinador como suficiente si comenzó el trabajo recientemente. Añadir una carta de verificación de empleo con una declaración sobre el potencial de empleo en el futuro (es decir, una declaración que diga que la empresa prevé que usted trabaje allí durante un tiempo prolongado) puede ayudar a mejorar sus probabilidades. 

Tengo una carta de verificación de empleo de hace 5 meses. ¿Puedo presentarla junto con esa?

Dado que el objetivo general de la carta de verificación de empleo es demostrar que está empleado actualmente, debe asegurarse de que la carta sea lo más actual posible. Como recomendación, la carta debe tener una fecha que no exceda los 2 a 3 meses antes de la fecha de presentación de su aplicación.

¿Y si me pagan por hora? 

Si le pagan por hora, deberá pedir al autor de la carta que añada su salario por hora y un promedio de horas trabajadas a la semana. Si su empleador no incluye un estimado de sus ingresos anuales en la carta, una recomendación sería subir también una carta de conversión firmada que muestre los cálculos utilizados para calcular sus ingresos anuales. 

Cómo calcular los ingresos anuales:

Esquema de la carta de conversión: 

“Date

Dear USCIS officer, as shown on the employment verification letter, my hourly pay is _X_ dollars an hour and I work an average of _X_ hours each week. 

[hourly pay] x [avg weekly hours] x [52 weeks/year] = a calculated estimated annual salary of _X_.

Name

Signature”

Ejemplo de carta de conversión: 

On Jan 3, 2023, USCIS proposed a fee increase, including increased pricing for many applications and petitions. The reason for these fee changes is that application fees fund the majority of USCIS's financial needs for operation. It has been announced that these proposed fee increases are meant to help USCIS “more fully recover its operating costs, reestablish and maintain timely case processing, and prevent the accumulation of future case backlogs.”

It is important to note that at this point, these increases are only in the proposal stage and are currently undergoing a 60-day comment period. During this time, the public can submit comments and feedback on the proposed fees. Following the comment period, USCIS will review the comments and make adjustments before finalizing the fee schedule.

How does this impact intending immigrants?

If approved, the proposed fee changes would significantly increase the cost of immigration for the majority of applicants. 

Here is a list of some of the ways fees could change if this proposal is approved: 

1. The filing fee for Form I-130, Petition for Alien Relative, would increase from $535 to $820, 
2. The Filing fee for Form I-485, Application to Register Permanent Residence or Adjust Status, would increase from $1225 to $1540. 
3. USCIS would start requiring separate filing fees for Form I-131 and Form I-765 filings, even when filed concurrently with Form I-485. 
4. The reduced fees for children filing with parents would be done away with, increasing costs for families that adjust status together.

USCIS also proposes significant increases to fiance visa applications, removal of conditions applications, naturalization applications, and many other petitions and applications. For more information on all of the proposed changes, see USCIS’s FAQ page and the Proposed Rule. 

Please note that this proposed rule intends on preserving the existing fee waiver eligibility for low-income and vulnerable populations. It also proposes the addition of new fee exemptions for certain humanitarian programs. 

What is the USCIS timeline for the fee change?

The USCIS 60-day comment period began on January 4, 2023, and will end on March 6, 2023 (This comment period has now been extended to March 13th, 2023). After the period, they will still have to (1) finalize their updates based on the comments and (2) release the final information. While this finalization period can vary in length, the changes could go into effect anytime from April 2023 or beyond.

How can SimpleCitizen help you?

At SimpleCitizen, we understand that potential fee changes can add additional stress to the already stressful immigration process. While these fees have yet to be implemented and may change, they may significantly impact applications. Start your application today so you can have the peace of mind that no matter what fee increases occur, you have time to submit before their finalization!

Published April 3, 2023

As of March 31, 2023, USCIS has removed the rule requiring the civil surgeon’s signature on Form I-693 to be completed no more than 60 days before the applicant submits the underlying immigration application, including Form I-485, Application to Register Permanent Residence or Adjust Status.

With the removal of this rule, applicants can now submit medical exams with their underlying application, even if the civil surgeon signed the exam more than 60 days before the submission. The medical exams, Form I-693, will now only be subject to their 2-year validity period from the time of signature to adjudication by USCIS. 

USCIS states that “This policy update will allow USCIS to adjudicate cases with immigration medical examinations that would previously have been considered invalid. Rather than issuing Requests for Evidence (RFEs) for Form I-693 signed more than 60 days before the filing of the I-485, but otherwise valid, we will be able to accept these Forms I-693 for adjudicative purposes for up to 2 years after the date the civil surgeon signed the form.”

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.