Marriage Conditional Green Card to 10-Year Permanent Green Card: Guide to Form I-751 and Supporting Documents

A conditional permanent resident, commonly called a "temporary green card," holds a two-year card and must apply to USCIS to become a permanent resident within the 90 days before the card expires. There are two main types of temporary green cards: EB-5 investor green cards and marriage-based green cards.

• For EB-5 investors, removing conditions on the temporary green card uses Form I-829; because this is relatively complex, consulting a lawyer is recommended.

• For marriage-based conditional green cards, removing conditions uses Form I-751; evidence of a bona fide marriage is required. If the situation involves divorce, the death of a spouse, domestic violence, or similar circumstances, additional evidence is also needed. The following explains the marriage green card conversion process.

Who Can File?

Form I-751 can be filed in two ways: jointly by the spouses, or individually by the conditional green card holder.

In the following situation, the spouses must file jointly within the 90 days before the temporary green card expires:

• The marriage has remained ongoing throughout the two years.

In the following situations, the conditional green card holder may file individually at any time after the event occurs:

• The spouses divorce.

• The spouse dies.

• The holder has been subjected to domestic violence by the spouse.

• A child holding a temporary green card has been subjected to domestic violence by the parent's spouse.

• If the holder cannot convert to a permanent green card and would be deported, this would cause extreme hardship in the holder's life.

If your child's conditional green card was approved on the same day as yours, or within 90 days after your approval, you may include the child in your application; otherwise, the child must file a separate Form I-751.

Required Documents and Fees

• Download the latest Form I-751 here.

• The filing fee is $750 (please click here to verify, or use the calculator on the USCIS website). For a joint application by multiple people, only one fee is required, payable by check / money order or credit card. Make the check payable to U.S. Department of Homeland Security, without abbreviation; for credit card payment, complete Form G-1450 for authorization.

• A copy of the front and back of the applicant's temporary green card. If children are included in the application, copies of their green cards are also required.

• Evidence of a bona fide marriage.

What Documents Are Needed to Prove a Bona Fide Marriage?

The most important point in converting a marriage green card is proving a bona fide marriage. Documents that may be prepared include:

• Proof of living together. For example, a property deed with both names, mortgage statements, a lease, bank and credit card statements, and driver's licenses for both parties showing the same address.

• Proof of raising children together. For example, a child's birth certificate (with both parents' names), medical records of a recent pregnancy, photos from vacations together, and airline tickets for trips taken together.

• Proof of shared finances. For example, bank accounts and credit card accounts with both names; joint mortgage/auto loans with both names; health, home, and auto insurance purchased together; utility bills with both names; joint tax returns; life insurance and wills naming each other as beneficiary; etc.

• Proof of the couple's close relationship. Photos from the wedding, honeymoon, vacations, family gatherings, etc.; airline tickets and hotel records with both names for trips taken together; receipts for gifts exchanged; correspondence with each other and with the other's parents and family, frequent phone and text message records; etc.

• Affidavits from relatives and friends.

Other Supplementary Materials

The documents listed in the previous section are the most common ones required for removing conditions on a marriage-based green card. There are many supporting documents that can prove the authenticity of a marriage, such as joint property documents, utility bills, rental or purchase contracts and deeds, joint insurance, travel photos, and children's birth certificates—the more, the better. If you have special circumstances, additional evidence or documents may be required; for example, if the application is filed late, you need to explain the reason. Below are additional evidence requirements for several common situations. If you have any special circumstances (or are unsure whether you do), please check the "checklist of required initial evidence" on the USCIS I-751 page.

Additional Evidence or Documents Required for Special Situations

What Materials Are Needed to Convert After a Divorce?

A reader asks: I currently hold a two-year conditional marriage green card, but my marriage is having problems. If I divorce, can I still apply for a ten-year green card on my own? Besides the divorce certificate, what other proof is required?

Removing conditions on a marriage-based green card usually requires both spouses to file jointly. If you must file individually due to special reasons such as divorce, the death of a spouse, or domestic violence, you need to select the appropriate option under Part 3, Basis for Petition -> Waiver or Individual Filing Request on Form I-751. The applicant still must prove the authenticity of the marriage; in addition to the above forms, fees, and materials (including the divorce certificate), you should explain why the divorce occurred and provide evidence, as well as whether mediation was attempted or marriage counseling/consultation was sought, otherwise immigration officials may doubt the authenticity of the marriage.

If the application to convert the green card is based on domestic violence, extreme hardship, or other such reasons, and the marriage has not ended, a divorce certificate is not required.

These issues must be assessed case by case; if circumstances permit, it is recommended to seek assistance from an immigration lawyer.

How to Complete Form I-751

Part 1. Information About You

• This part is completed by the conditional green card holder.

• 1.a – 1.c: Name.

• 2.a – 3.c: Other names used, such as a maiden name before marriage.

• 5 – 6: Country of birth, nationality.

• 7 – 9: Alien Registration Number (A-number), Social Security number, USCIS online account number (if any).

• 10 – 12: Marital status, date of marriage, place of marriage.

• 13: If divorced, enter the date of divorce.

• 14: Expiration date of the conditional green card.

• 15.a – 17.f: Mailing address. If the physical address differs from the mailing address, complete 17.a – 17.f.

• 18: Have you ever been removed or deported?

• 19: Did you pay anyone other than a lawyer for this application?

• 20: Have you ever committed a crime, been arrested, or been imprisoned in or outside the United States…?

• 21: If you are married, is your current marriage a different marriage from the one on which you obtained your green card? If it is still the same marriage (never divorced), select No; if you have a different spouse, select Yes.

• 22: Since obtaining your green card, have you lived at any other address?

• 23: Is your spouse or your spouse's parent working for the U.S. government or the U.S. military? Select Yes if so, No if not.

Part 2. Biographic Information

• 1 – 6: Whether Hispanic/Latino, race, height, weight, eye color, hair color.

Part 3. Basis for Petition

Joint filing by spouses, or a child filing for himself or herself (select one)

• For joint filing by spouses, select 1.a: I (the conditional green card holder) am filing this application together with my spouse (permanent resident or citizen). If there are children, they may be listed in Part 5.

• For a child filing individually, select 1.b: I (the conditional green card holder) am filing this application together with my parent's spouse (permanent resident or citizen) because I am not filing jointly with my parent.

• Then skip to Part 4.

Individual filing by the conditional green card holder (select all that apply)

• 1.c: My spouse has died.

• 1.d: The marriage was bona fide, but I am now divorced.

• 1.e: The marriage was bona fide, but during the marriage I was subjected to abuse and the marital relationship was extremely discordant.

• 1.f: My parent's marriage was bona fide, but during that marriage I was subjected to abuse and the family relationship was extremely discordant.

• 1.g: If I cannot obtain a ten-year green card, it would cause extreme hardship in my life.

Part 4. Information About the U.S. Citizen or …

• This part contains information about the conditional green card holder's citizen/green card spouse.

Relationship (select one)

• 1.a: Spouse or former spouse (you are applying for the ten-year green card yourself).

• 1.b: Parent's spouse or former spouse (applying for the child's ten-year green card).

Other Information About the Citizen/Green Card Spouse

• 2.a – 2.c: Name.

• 3 – 5: Date of birth, Social Security number, Alien Registration Number (A-number).

• 6.a – 6.h: Address.

Part 5. Information About Your Child

• If your child's conditional green card was approved on the same day as yours, or within 90 days after your approval, you may include the child in your application; otherwise, the child must file a separate Form I-751. Whether or not you apply for the ten-year green card together with the child, the child's information must be entered in this part.

• 1.a – 1.c: Child's name.

• 2 – 3: Child's Social Security number, Alien Registration Number (A-number).

• 4: Does the child live with you?

• 5: Is the child applying for the ten-year green card together with you?

• 6.a – 6.h: Address.

Part 6. Accommodations for Individuals …

• 1 – 3: Do you, your spouse, or your child have a disability?

• 4.a – 4.c: Describe each situation separately.

Part 7. Applicant's Statement, …

• 1.a. I can read and understand English … Select this if the applicant understands English and completed the form personally.

• 1.b. The interpreter named in …. Select this if someone helped translate when completing the form; in the box, enter the language you understand, such as Mandarin, Cantonese, Hokkien. The interpreter's information is entered in Part 9.

• 2. At my request, the preparer …: Select this if someone helped complete the form; this can be anyone or a lawyer, and enter that person's name in the box.

• 3 – 5: Applicant's contact information: daytime phone, mobile phone, email.

• Acknowledgement of appointment …: In the box after "I," enter the applicant's name—not a signature; simply write the name normally.

• 6.a – 6.b.: Applicant's signature, date. Do not forget to sign!

Part 8. Spouse's or Individual Listed …

• 1.a. I can read and understand English …: Select this if the spouse understands English.

• 1.b. The interpreter named in ….: Select this if someone helped translate; in the box, enter the language the spouse understands, such as Mandarin, Cantonese, Hokkien. The interpreter's information is entered in Part 9.

• 2. At my request, the preparer …: Select this if someone helped complete the form; this can be anyone or a lawyer, and enter that person's name in the box.

• 3 – 5: Spouse's daytime phone, mobile phone, email.

• In the box after "I," enter the spouse's name—not a signature; simply write the name normally.

• 6.a – 6.b.: Spouse's signature, date.

Part 9. Interpreter's Contact…

• 1.a.–6.b.: The interpreter's name, company (if any), address, and contact information. If anyone (a child or another person) read this form to you in your native language, this part must be completed, and in the interpreter certification box, enter all languages the interpreter understands. Finally, the interpreter signs and dates.

Part 10. Contact Information … Preparing This Application

• 1.a.–8.b.: If anyone (not the same person as in Part 9) completed this form for you, enter that person's name, address, contact information, signature, and date here. If a lawyer completed it for you, the lawyer must also submit Form G-28.

Part 11. Additional Information

• If any of the previous items require additional supplementation or explanation, provide it here. For example, if you have changed your name, moved, or have more than 5 children and there was not enough space earlier, etc.

After Preparing the Materials

The next step is naturally to mail the materials to USCIS. The receiving address differs depending on the shipping method:

• If using the U.S. Postal Service (USPS): USCIS P.O. Box 21200 Phoenix, AZ 85036

• If using a courier service (FedEx / UPS / DHL): USCIS Attn: I-751 1820 E. Skyharbor Circle S Suite 100 Phoenix, AZ 85034

Form I-751 to remove conditions on a conditional green card cannot be submitted online.

What to Do After Submission

After USCIS receives your application, you will receive the following notices:

• I-797 receipt.

• Notice to appear for fingerprinting. If USCIS already has your recent fingerprint records, the fingerprinting process may be waived.

• Notice to appear for an interview; some applications may be exempt from the interview.

• USCIS decision notice.

The I-797 receipt extends the validity of the conditional green card for 18 months. During this period, you can work or travel internationally with the receipt and your green card.

The most important thing in converting a marriage-based conditional green card to a permanent 10-year green card is to prove the authenticity of the marriage. If the applicant's situation is complex or there are any doubts, it is advisable to hire an immigration attorney.

Frequently Asked Questions

Answer: EB-5 investor immigrants use Form I-829 to remove conditions on their conditional green card; due to its complexity, hiring an attorney is recommended. To convert a marriage-based conditional green card to a permanent green card, use Form I-751; you must provide evidence of a genuine marriage (the article details which documents can be used); if there are circumstances such as divorce, death of spouse, or domestic violence, additional evidence is required.

Answer: The public charge rule applies to admissibility; for green cards (including conditional green cards), admissibility is only relevant at the time of entry. Unless in rare cases you leave the U.S. for more than 180 days and upon re-entry a Customs and Border Protection (CBP) officer may question whether you are likely to become a public charge, your use of public benefits does not affect the removal of conditions.

Answer: Yes. You still need to prove that the marriage was genuine, and you should clearly explain why the divorce occurred—for example, whether mediation was attempted or whether marriage counseling or a counselor was sought—so as to persuade the immigration officer that the marriage was not fraudulent. You must also provide proof of the divorce.

Answer: In 2018, during the Trump administration, USCIS revised its policy manual to require an interview for removing conditions on a green card. However, immigration officers may waive that requirement in certain circumstances—for example, when the existing evidence is sufficient, the officer has no doubt about the genuineness of the marriage, and the application is straightforward enough that an interview is unnecessary. In short: an interview is generally required, but USCIS may waive it.