What Happens After Filing I-751 Petition to Remove Conditions on Residence

What Happens After Filing I-751, Petition to Remove Conditions on Residence

What Happens After Filing I-751, Petition to Remove Conditions on Residence

You’ve already filed Form I-751, Petition to Remove Conditions on Residence. Naturally, you’re curious to know what happens after filing I-751 and how long it will take to get your new green card. Although the steps to remove conditions on your green card are fairly consistent, the time frame can vary based on the USCIS case load, the USCIS office where you filed, and your ability to properly file an accurately prepared Form I-751 without errors or omissions.

The following list details the basic steps of the process for most people. There is an approximate amount of time provided. However, this time frame can vary.

what happens after filing i-751 petition to remove conditions on residence

Receipt of Application

APPROXIMATELY 2 TO 3 WEEKS AFTER FILING

If your Form I-751, Petition to Remove Conditions on Residence, has been properly filed, USCIS will initially respond by mailing you a letter that confirms receipt of your petition. The receipt letter is formally known as Form I-797C, Notice of Action (see example below) and arrives approximately 2-3 weeks after filing. This I-797 will also extend your conditional residence for an additional year while USCIS reviews your case. To prove your conditional resident status, you’ll need to carry your expired green card and the I-797 letter.

I-797 notice of action sample for I-90 timeline

If your Form I-751 has not been properly filed, USCIS may send a Notice of Action to reject the petition or may send a Request for Evidence that requests additional items. Either will significantly delay your request. So it’s important to prepare the I-751 petition correctly and submit all required documents according to the filing instructions.

Tip: Save this important letter. It contains your 10-digit receipt number. You can use this receipt number to check your case status. If you didn’t receive a Notice of Action, you can make a case inquiry.

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Nearly 9% of Form I-751 petitions are rejected, and thousands more are denied. A poorly prepared petition can also delay the approval process and even create significant immigration problems. But when you prepare your I-751 on CitizenPath, we provide simple, step-by-step instructions and alerts to help you avoid costly delays. We even guarantee USCIS will accept your petition. No credit card is required to try it.
 

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Appointment Notice for Biometrics

APPROXIMATELY 3 TO 5 WEEKS AFTER FILING

Next, you will receive an appointment notice that assigns your biometrics appointment date, time and location. (The location will generally be the USCIS Application Support Center nearest you.) USCIS requires applicants to be fingerprinted for the purpose of conducting a security clearance and criminal background check. Don’t be alarmed — All applicants must have background checks.

Tip: Generally it’s best to show up only on your scheduled appointment date and time. But if you need to travel abroad before a scheduled USCIS biometrics appointment (or before the appointment has been scheduled), it may be possible to attend your biometric screening early. Learn more in our biometrics appointment FAQs.

Biometrics Appointment

APPROXIMATELY 5 TO 8 WEEKS AFTER FILING

The biometrics appointment, also known as a biometrics screening, is generally a short appointment (approximately 30 minutes) so that USCIS can collect your fingerprints, photograph and signature. Your appointment notice will tell you what you need to take to the appointment. Expect to take some form of photo identification to enter the building. If you do not have your green card, USCIS can accept other ID documents such as:

  • Passport or national photo identification issued by your country
  • Driver’s license
  • Military photo identification
  • State-issued photo identification card

To learn more about the appointment, read USCIS biometrics appointment.

biometrics appointment I-90 processing timeline

Tip: If you think you might have a criminal record, contact an immigration lawyer before going to a biometrics appointment. Some crimes will make you ineligible for immigration benefits. A lawyer can request a background check before USCIS does and deal with it as necessary.

Request for Evidence

APPROXIMATELY 1 TO 6 MONTHS AFTER FILING

If you have filed a joint petition and have provided adequate evidence to prove a bona fide marriage, it is unlikely that you will receive a request for evidence. However, petitioners that have not provided sufficient evidence will receive this request in the mail.

Tip: Proving a bona fide faith marriage is a crucial part of filing a successful I-751 petition, even if you are filing with a waiver. Avoid a Request for Evidence by filing a complete I-751 package with thorough supporting evidence.

Interview Appointment Notice

APPROXIMATELY 2 TO 6 MONTHS AFTER FILING

There is a requisite USCIS interview after filing Form I-751. But USCIS may waive the I-751 interview for jointly filed I-751 petitions with strong evidence of a good faith (bona fide) marriage. Thus, many well-prepared joint petitioners will never be called to an interview. This is an important reason to file a complete and well-prepared I-751 package. Learn more about Avoiding the I-751 Interview.

Tip: If you are scheduled for an I-751 interview, it’s very important that you attend it. Failure to attend the interview may result in termination of the conditional resident’s status and the commencement of removal (i.e. deportation) proceedings.

Receive Your 10-Year Green Card

APPROXIMATELY 4 TO 12 MONTHS AFTER FILING

After USCIS has fully reviewed your petition and made a decision, your petition may be approved. If your petition is approved, your green card will be mailed to you. If your petition is denied, USCIS will mail you a notice explaining the reasons for the denial.  
 

Tip: Moving? You must notify USCIS within 10 days of your relocation by filing Form AR-11, Alien’s Change of Address. You also must call USCIS at 1-800-375-5283 to change the address with your pending I-751 petition. If you did not receive your green card in the mail, you can make a case inquiry.

new green card after filing form i-751

After filing the I-751 petition to remove conditions on your green card, the entire process can take anywhere from 4-12 months. This is an approximation. It may be shorter for some and longer for others. In some cases, USCIS will make a request for additional information or schedule an interview. Don’t forget — you can check your case status online with your receipt number. The USCIS website also lists normal processing times. If you believe that your case is outside the normal processing times, you can make a Case Inquiry.