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I-751 Form Questions

Most individuals who obtain Green Cards by marrying U.S. citizens and come to live in the U.S. receive Conditional Permanent Resident Cards that have a validity of two years. To continue staying in the country, the individuals must file Form I-751, Petition to Remove Condition of Residence, 90 days before the conditional residence expires. Once the applications are approved, the applicants will receive new Permanent Resident cards showing a ten-year validity. Listed below are a few commonly asked questions answered by lawyers regarding Form I-751.

I accidentally omitted writing the P.O. Box on Form I-751 when I submitted it to the Vermont service centre. The post office says the form will reach anyway, but I’m wondering whether I should stop payment on my check or re-send the form instead?

You would have to pay additional fees if you do a stop payment. I suggest you do not cancel the payment. If you submitted the form ahead of your green card’s expiration, as recommended, and if you sent the package with delivery confirmation, give it a few weeks to see if the file reaches its destination. If it doesn’t go through in a few weeks, you can visit http://infopass.uscis.gov/ and book an appointment to meet an immigration officer who can offer you more guidance in solving the issue. Finally, whatever you may choose to do, remember that you should not under any circumstances wait until your green card is about to expire before sending a second filing, even if it means you need to pay again.

Can a Form I-751 be filled out while a divorce is in process?

Yes, this is possible. The CIS Memo below will help you understand how to handle a Form I-751 during a separation before the divorce comes through. http://www.ilw.com/immigdaily/news/2009,0723-neufeld.pdf

How can I withdraw my I-751? Also, how does my status in the U.S. get affected once I withdraw or am denied my I-751?

All you need to do is to write a letter stating that you want to withdraw your Form I-751. You don’t really have to give a reason for the withdrawal but you can say your marriage did not work out and you have filed for a divorce. Also, there is a possibility you could continue with your I-751 and switch to a waiver form if you can produce evidence stating the original marriage was real but things didn’t work out. You can get more information on this at the link below:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=745218a1f8b73210VgnVCM100000082ca60aRCRD&vgnextchannel=4ca43a4107083210VgnVCM100000082ca60aRCRD

How can I file Form I-751 if it is waived?

You would not have file the form jointly with your spouse if it has been waived. You can file it at the service center that has jurisdiction for your area.

For more information on this, visit: http://uscis.gov/graphics/formsfee/forms/files/I-751.pdf and http://uscis.gov/graphics/howdoi/remcond.htm

I filed Form I-751 as my temporary resident Green card expired. I want to know if can apply for a student loan while my permanent resident application is "in progress".

This is a simple matter. Once your I-751 application is receipted, your residency will be extended for a year while the case is still pending. Technically, while this is not an approval of your unconditional residency, it is still evidence you are a resident in the country.

Use your original receipt notice to work out a loan with your lender. If that doesn’t work, try another lender as there are many lenders who are ready to work with both resident and non-resident foreign nationals.

Residents who do not file their Form I-751 in time can be deported once their conditional residency period ends. That’s why it’s important to send in a fully completed application by the due date. Applicants should also take great care to check that the package includes all relevant documents including a signed and completed form, a copy of the conditional Green Card, passport-style photographs, fingerprint cards, evidence that shows the marriage is bonafide, and the filing fee.
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