Including Children on Form I-751: Rules, Eligibility, and When to File Separately
Including children on Form I-751 is a commonly misunderstood part of the removal of conditions process. Generally, you can include your child if they got conditional residence within 90 days of you. It's important to understand the rules.
U.S. Citizenship and Immigration Services (USCIS) requires conditional residents to file Form I-751 to remove conditions on a marriage-based green card. However, USCIS applies specific rules when children are part of the case. Misundertandings may result in loss of immigration status, case delays and paying unneccesary fees. This guide explains including children on Form I-751, when they may apply together, and when a child must file separately.
Key Takeaways
- List all children on Form I-751, even if they are not applying
- Include only children who received status within 90 days of you
- A child over 21 may still qualify based on timing
- Some children must file a separate Form I-751
Which Children to List on Form I-751
USCIS requires you to list all of your children on Form I-751, even if they are not applying with you.
Generally, USCIS defines children as your biological, step, or adopted children who are unmarried and under 21 years old. You should list every child that meets this definition in Part 5 of Form I-751. This requirement applies regardless of whether the child:
- Lives with you
- Has conditional residence
- Will file Form I-751 with you
Listing all children is a reporting requirement, not an indication that they are included in your petition.
Children Who Are Applying with You
You will also need to indicate which children (if any) are applying with you. In general, the child may remove conditions on the same petition if:
- The child obtained conditional permanent resident status through the same marriage; and
- The child received that status on the same day as you or within 90 days after you.
This rule is based on the timing of conditional residence, not the child’s current age.
Important Clarification About Age
Even though USCIS defines children as under age 21, you should still list a child who is now 21 or older if they obtained conditional residence within the required 90-day window.
In this situation:
- The child may still qualify to be included in your Form I-751
- You must still list them in the children section
USCIS evaluates eligibility based on when the child became a conditional resident, not their current age.
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When Including Children on Form I-751 Is NOT Allowed
USCIS requires a child to file a separate Form I-751 when they do not meet the eligibility requirements to be included on a parent’s petition. According to USCIS, a conditional permanent resident child must file a separate Form I-751 if they did not obtain conditional resident status on the same day as the parent or within 90 days after.
A child must file separately if any of the following conditions are true:
- The child obtained conditional residence more than 90 days after the parent
- The parent died before filing Form I-751
- Other circumstances prevent the child from being included on the parent’s petition
USCIS explains that a child may file a separate Form I-751 at any time, even before the standard 90-day filing window before the second anniversary of obtaining conditional residence, as long as the child is not subject to a final order of removal.
Important: If your child files a separate Form I-751, you still must list them on your own petition. In Part 5, answer “No” to the question asking if the child is applying with you.
Filing Fees When Including Children on Form I-751
USCIS requires a filing fee for Form I-751. Including children on Form I-751 can reduce costs, but only when the child qualifies based on the 90-limitation.
| Filing Situation | Form Fee | Total Impact |
|---|---|---|
| Including children on Form I-751 | One shared fee | Lower total cost |
| Child files separate Form I-751 | Full separate fee | Higher total cost |
Proving the Marriage Was Entered in Good Faith
When including children on Form I-751, the success of the petition still depends on the parent proving the marriage was entered in good faith.
According to U.S. Citizenship and Immigration Services Policy Manual guidance, USCIS evaluates whether the marriage was genuine at the time it was created—not whether it later ended or faced challenges. Learn more about evidence to prove a bona fide marriage →
FAQs About Including Children on Form I-751
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