cover letter i 751 sample

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How to Write an I-751 Cover Letter - Sample & Tips

An I-751 is a petition to remove the conditions on their residence that are usually placed there due to an individual's marriage to a United States citizen. The petitioner is noted as a conditional resident by virtue of this marriage.

Included with the rest of the I-751 documents, you may wish to place a cover letter for I-751 petitioning. In this article, we'll include a sample cover letter for I-751, removal of conditions petitioning, as well as a few tips on structure and what to include in the cover letter .

• # I-751 Cover Letter Sample
• # I-751 Cover Letter Structure
• # Tips for Writing I-751 Cover Letter
• # How to Edit I-751 Cover Letter Template

Free I-751 Cover Letter Template

This is a free cover letter template for i-751 removal of conditions. Free Download and customize it according to the sample text below.

Supported formats

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I-751 Cover Letter Sample (Text)

Below you'll find an easy-to-edit template sample of an I-751 cover letter that would be written by one spouse (the petitioner) on behalf of their spouse and child.

Month Day, Year (Insert USCIS centre address where you're filling the petition) Re: Form I-751, Petition to Remove Conditions on Residence for: (Name of immigrant K-1 visa spouse), (Alien registration number) (Name of immigrant K-2 visa child), (Alien registration number)

Dear USCIS Officer,

I am writing to inform you of the attached joint I-751, Petition to Remove Conditions on Residence for my immigrant wife, (insert full name of wife), and our daughter, (insert full name of child). My wife came to the United States on a K-1 visa, and our daughter on a K-2 visa. We married shortly after her arrival, as we had been unable to do so previously, and have remained living together happily as a family with our daughter. We very respectfully request that this I-751 petition be accepted to remove the conditions of residence for (full name of wife) and (full name of child).

Enclosed is a completed I-751 petition form, along with several other documents listed here:

• A check for (fee amount in USD).
• Copies of the permanent resident cards for (insert wife's full name) and (insert child's full name).
• A copy of our marriage certificate.
• A copy of our joint occupancy rental agreement for the residence my wife (insert wife's full name) and I reside in with our daughter, (insert child's full name).
• A copy of our child's birth certificate.
• Copies of our tax statements for the last 3 years （insert year range in brackets）.
• Copies of recent bank statements from our joint checking and savings accounts.
• A letter from my life insurance company, （insert company's name）, showing that the designated beneficiaries are my wife and child.
• A copy of the joint ownership title to our car.
• A copy of our most recent join account credit card statement.
• Three sworn affidavits by close friends of United States citizenship, attesting to our happy relationship and marriage.
• Family photographs from several occasions over the last 3 years, including （list occasions and dates） We respectfully request that the interview usually required for the I-751 petition be waived under consideration of the evidence enclosed and in accordance to 8 CFR §216.4(b)(1).

Thank you for your consideration.

Yours sincerely, （sign your name） （print your full name）

Structure of an I-751 cover letter

The structure of an I-751 cover letter should go a little like this:

• Date ("Month Day, Year").
• United States Citizenship and Immigration Services centre filling address.
• Subject line ("Re: Form I-751, Petition to Remove Conditions on Residence for:"), note full name of immigrant K-1 spouse and full name of K-2 child.
• Salutation ("Dear USCIS Officer,").
• Explanation of why you're writing to the USCIS, including the full names of your spouse and child(ren).
• Note which documents are included in the document package with the I-751 petition.
• Request that the interview be waived if applicably possible.
• Thank the USCIS Officer for their time.
• Closing salutation.
• Print your full name.

Tips for Writing I-751 Cover Letter

In case you're still feeling a little lost while writing your Form I-751 cover letter, here are a few useful tips:

• If you aren't filing with a child, you don't need to mention your children.
• Remain respectful throughout the I-751 cover letter.
• Include brief details that show a good relationship between you and your immigrant spouse.
• Include photographs as evidence.
• Remember to include the alien registration number if your spouse (and child, if applicable) has one. Not everyone has an alien registration number.
• Make sure your marriage looks as legitimate as possible.
• Always sign and date your I-751 cover letter.
• When mentioning a person, note their full name as shown on their birth certificate or any marriage documents.

It's vital that a Form I-751 cover letter is properly written to show USCIS officers that you are in a committed relationship with your spouse. With our easy-to-edit template sample cover letter for I-751, Removal of Conditions petition, you should be well on your way to finishing the document packet and being able to file your I-751 with no issues.

How to Edit I-751 Cover Letter Template

It is easy to edit the PDF cover letter templates in this page with Wondershare PDFelement - PDF Editor , a professional and easy-to-use PDF editor. You can change the texts, images, form fields, font size and color in the templates with this tool. You can also create a new cover letter with it. The following are the key features of it.

Step 1. Open the I-751 Cover Letter Template

Step 2. Click on "Edit" and Enter Your Text as You Like

Step 3. Complete and Save Your I-751 Cover Letter

Posted by Elise Williams to Updated: 2024-04-18 13:58:49

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Youtube Videos

Form i-751 removal of conditions [the complete guide].

Video Description

What is form i-751.

What is form I-751? How do you fill it out? And what else do you need in order to get it approved by USCIS?

We are going to cover all of this in our video today.

Note that failing to file your I-751 on time can cancel your legal permanent residence and put you in removal proceedings.

So stay tuned to the end to learn everything you need to know in order to file your I-751 on time and get it approved!

Form I-751 is officially called the “Petition to Remove Conditions on Residence”

This application is filed ONLY by those immigrants who receive a green card through marriage.  You will receive a 2 year conditional green card if, at the time of approval or entry into the U.S. on an spousal visa, you have not yet reached your 2 year marriage anniversary date.

Immigrants who receive a 2-year conditional green card through marriage (called “CR-1 green cards”) must file the I-751 with USCIS to receive a permanent green card that they can then renew every 10 years.

If you have a conditional green card, you must file your I-751 before the expiration of your conditional residency card  in order to maintain your legal status.

Filing Jointly and Filing by Yourself

If you are filing jointly with your spouse, then you must file within the 90-day period before the expiration date of your conditional green card.

But if you are filing jointly and you fail to file your I-751 application before your conditional resident card expires, you must include a written statement with your I-751 that explains why you did not file on time.

Note that USCIS typically only approves late submissions if they qualify as “extraordinary circumstances'' beyond your control. If you’re in a situation where your card expired and you did not file in time, please feel free to book a consultation with me so we can review your options.

Sometimes it’s not always possible to file jointly with your spouse, and you may have to file alone.

You might be filing by yourself because your spouse passed away, you got divorced, or because  you are  the victim of abuse. If that is the case, then you can file any time after receiving your conditional green card, even if it’s before 90 days from the date of expiration, or even AFTER your card expires.

When you are filing by yourself, you must select one of the waiver categories listed on the form, which I will go over in detail near the end of this video!

Important Details

As with most immigration forms, the government will require you pay a fee to submit an application for a benefit. The I-751 has a fee, and this must be paid even if you already paid the fee for the I-485. 

The base Filing fee is $595

There is an additional Biometric fee of $85 and an additional $85 for each dependent included on your I-751.

Depending on your household income, you may be able to have the fee waived. A link is included in the description below.

You can pay with money order, personal check, or cashier’s check. If your application is being filed at the Lockbox center, you may be able to pay by credit card. 

Please make sure you check the instructions on the USCIS website before filing to make sure you have the most up to date fee and filing information.

Supporting Documentation

While a Cover letter is  not required, it is recommended.

In recent years there has been an increase in requests for evidence. The cover letter can help by serving as a “guide” for the officials filing your I-751.

The best advice I have for your cover letter is to keep it short and simple

Include important information such as your name and alien registration number, and maybe even an outline of all the evidence you are including to support the fact that your marriage was entered into in good faith, and if necessary, any evidence to support a request for a Waiver of the joint filing.

I will include links for two example letters below. 

You must also include the Front and back copies of your conditional  green card (and those of any children)

You must always include Evidence that your marriage is real, which could include:

• Proof you living together
• Joint bank account  and financial statements
• Joint tax returns
• Joint bills and insurances
• Birth certificates of children of the marriage
• Family photographs
• Sworn affidavits from friends

If you are not filing jointly and are requesting a waiver, you will need to include either, evidence of death, divorce, or domestic abuse

If you are filing a joint application and filing  this late, you must include an explanation of why your application was not timely filed.

If you have incurred any arrest history, you must include the details of your criminal convictions since becoming a green card holder

If filing while overseas due to military or government service, enclose 2 passport-style photographs, completed Form FD-258 fingerprint cards, and a copy of your current military or government orders. Additionally, write “ACTIVE MILITARY” or “GOVERNMENT ORDERS” on the top of your I-751.”

When you are ready to file, please make sure to check the USCIS website for the most UP TO DATE filing location. Please note that USCIS may change its filing location for your application at any time. Thus, it is extremely important that you always reference the USCIS page for current information.

Please note that your filing location may also be different according to where you live. As of the date of this video, here what the website says:

If you would like more details about documentation and mailing your form, I will include links in the description below for the I 751 instructions on the USCIS website, as well as the official USCIS mailing address for the form.

Walk Through Form I-751

As with any immigration application, you must make sure that you fill out the form in its entirety and with the correct information. Small errors may cause you delay or other problems down the road.

PART 1 of the Information requests basic Information about you, including:

• Your current legal name, and any other names you have previously used
• Your Date  and country of birth
• Your Alien Registration Number (or “A-Number”): You can find this number on your green card
• USCIS Online Account Number: This is different from your A-Number. If you have a USCIS online services account, you can log in and find your account number on your profile page.
• And your Mailing and physical addresses: If someone other than you accepts mail on your behalf, include their name on line 15.a., where it reads: “In Care Of Name.”

Part one also requests information about your marital status, including whether you are currently single, married, divorced, or widowed. You must make sure to include the date of divorce (or the date your spouse died, if your marriage terminated through their death), where requested.

You must also put down the expiration date of your conditional resident card, and answer questions on whether you are currently in removal proceedings and about your arrest history.

Please make sure to read each question closely and carefully.

PART 2 requests your biometric information.  

This includes details about you such as eye color, height, weight, and ethnicity.

PART 3 requests information about the basis of your petition, including whether you are filing a joint request, or requesting a waiver.

If you are filing jointly with your spouse or parent, check the box for “Joint filing”.

If you are not filing jointly with your spouse, check the box to select the waiver you are requesting for why your spouse is not filing jointly with you. 

This might include the death of your spouse, spousal abuse, or divorce, or extreme hardship

PARTS 4 and 5 : Information About Your Spouse and Children

Provide basic information about the sponsoring spouse (or parent or guardian).

In Part 5 do the same for any children you have. If you do not have children, go to Part 6.

PART 6: Accommodations for Individuals with Disabilities and Impairments

List any disabilities or impairments you might have that require accommodation by USCIS authorities.

PARTS 7 and 8 : Applicant and Spouse Acknowledgements and Signatures

You and your spouse will verify all the information contained in the application is correct.

The conditional green card holder is the “petitioner,” and should complete Part 7 and sign and date the form. 

Their sponsoring spouse, parent, or guardian should complete and sign Part 8.

PARTS 9 and 10: Interpreter and Preparer Information

If an interpreter, lawyer, or anyone else helped you to complete the form, give their details here.

Submission, Timeline & Approval

Request for evidence.

Note that if USCIS determines any part of your application to be missing, you will likely receive a request for evidence, which can delay the process.

This is why it is so important to make sure your submission is complete, and include a cover letter to help USCIS officials find what they need.

Confirming receipt

After submitting your I-751, USCIS will send you a notice confirming receipt, which is called form I-797.

You can present the I-797 along with your existing green card to extend its validity up to 18 months.

This letter is very important. The original of this letter serves as your official proof that your status is extended, and you will need to show this letter to CBP if you plan on traveling internationally.

Checking the status

Once USCIS has your application, the wait time can be more than three years.

You can check the status of your I-751 at any time by using the link included in the description. 

If you think that it is taking too long, check the current processing times at the USCIS website. I will also include this link in the description below.

Biometrics & USCIS Interview

Before your I-751 is approved, USCIS may request you provide new fingerprints, and may  send you details for a biometrics appointment. They may also request you appear for an in-person interview with a USCIS official.

Both of these appointments are important, so make sure you show up at the correct day and time. 

Notice of approval

If USCIS approves your I-751, you will receive a notice of approval, followed by your 10-year green card in the mail.

Note that it might not arrive before the extended date listed on the I-797 receipt, but it will remain valid. 

You can still live, work, and travel as usual. If you need proof of residence then contact USCIS. I will include a link in the description below to contact them.

Once you have your permanent green card, you then just need to renew it before it expires.

Citizenship

[ From Boundless Immigration ] Your time as a conditional green card holder usually counts towards the time needed to qualify for U.S. citizenship, so in some cases you may become eligible for naturalization before you receive your updated green card. 

If that applies to you, you can file a copy of your I-797 receipt along with your N-400 naturalization application and request that USCIS process both applications simultaneously.

Resource Links: 

🔹 Link to the I-751 Form from USCIS: https://www.uscis.gov/i-751

🔹 Instructions for the Form: https://www.uscis.gov/sites/default/files/document/forms/i-751instr.pdf

🔹 Checking the mailing address: https://www.uscis.gov/i-751-direct-filing-addresses

🔹 USCIS I 751 Fee Calculator: https://www.uscis.gov/feecalculator

🔹 Determining your 90 Day Filing Date: https://www.uscis.gov/forms/filing-calculator-for-form-i-751-filing-jointly-with-your-spouse

🔹 Requesting a Fee Waiver: https://www.uscis.gov/forms/filing-fees/additional-information-on-filing-a-fee-waiver

🔹 Current Wait Times: https://egov.uscis.gov/processing-times/

🔹 Contacting USCIS: https://www.uscis.gov/contactcenter

🔹 Checking Case Status: https://www.immigrationdirect.com/case-status/#

🔹 Cover Letter Example #1: https://citizenpath.com/cpwp/wp-content/uploads/2015/02/I-751-Sample-Cover-Letter.doc

🔹 Cover Letter Example #2: https://static1.squarespace.com/static/5e7d121e31413e438383dfb5/t/60078c1755e7d85373b14afb/1611107631840/Sample+I-751+Cover+Letter.pdf

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Attorney Advising. Prior results do not guarantee future results. This does not constitute legal advice. For an evaluation of your case, please call +1 (212) 248-7907. Moumita is licensed by the New York State Bar.

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Form I-751, Explained

A step-by-step guide to upgrading a conditional green card, in this guide.

• What Is Form I-751?
• When to File Form I-751
• How to Fill Out Form I-751
• Additional Documentation
• Fees for Form I-751
• What Happens Next?
• Checking the Status of Your I-751
• RELATED INFORMATION

How to file a “Petition to Remove Conditions on Residence”

Most green cards last 10 years and can be renewed indefinitely. But if you were married less than 2 years when you obtained permanent residence through marriage, you likely received a “conditional” green card valid for just 2 years.

Before it expires, you’ll need to file Form I-751 (officially called the “Petition to Remove Conditions on Residence”) in order to receive a “permanent” green card that’s renewable every 10 years.

Entrepreneurs who obtained a conditional green card through investment would need to file a different form, called the I-829 .

U.S. immigration can be complex and confusing. Boundless is here to help. Learn more.

Start planning your immigration journey today with Boundless.

Form I-751 (officially called the “Petition to Remove Conditions on Residence”) is a form used to upgrade a 2-year conditional green card to a full 10-year green card. This process is called the “ removal of conditions ” on the marriage-based green card and is important because a conditional green card otherwise expires after 2 years.

Conditional (or “CR-1”) green cards are issued to people who have been married less than 2 years when they gain permanent residence through marriage to a U.S. citizen or green card holder.

The information provided on Form I-751 is used by U.S. Citizenship and Immigration Services (USCIS) to determine whether the applicant’s marriage is genuine and wasn’t entered into for the sole purpose of acquiring a green card.

If your marriage has since ended, you can still apply to remove the conditions on your green card, but you’ll need to explain and provide evidence to show that your marriage was genuine.

Do You Need to File Form I-751?

Everyone issued a conditional green card must file Form I-751 shortly before the 2-year anniversary of their green card’s approval. You likely have conditional resident status if at the time your green card was approved you were married to a U.S. citizen or green card holder less than 2 years.

You can check whether you have conditional residence by looking at the front of your green card. If your card has the letters “ CR1 ” under the “Category” heading, then you have a conditional green card. You can also check the expiration date on your green card to see if you were issued a 2-year or 10-year green card.

Generally, the conditional-resident spouse and the spouse who originally sponsored their green card must file Form I-751 jointly. However, if that isn’t possible — in cases when the couple has divorced or the sponsoring spouse has died or become abusive — then Form I-751 can be filed individually or the joint-filing requirement can be waived.

Not sure if you need to file Form I-751? Answer our 5-minute questionnaire to get started.

It’s important to file Form I-751 in a timely manner to avoid complications, such as the immediate loss of permanent resident status. But the right time to file depends on whether you are filing jointly with your sponsoring spouse or filing individually :

If you are still married and filing jointly with your sponsoring spouse

You must file Form I-751 during the 90-day period before the expiration date of your conditional green card.

For instance, if your green card’s expiration date is April 1, 2021, then you can file Form I-751 no earlier than January 1, 2021, or 90 days. You must file no later than April 1, 2021, in order to maintain your green card status .

If you are filing your I-751 by yourself

You can file your I-751 at any time after you receive conditional residence. This could be the case if your marriage ended due to divorce, annulment, or your sponsoring spouse’s death or if you or your children were abused by your spouse.

If your conditional green card has already expired

In some situations, the U.S. government will make an exception and allow you to file the I-751 form even after your conditional green card has expired. You will need to write a letter outlining your reasons for not filing sooner. Generally, requests will only be approved in “extraordinary circumstances” beyond the applicant’s control, and in which the delay was “reasonable.”

There is no guarantee that an I-751 will be accepted if it is filed late, so it’s important to try to meet the deadline.

Form I-751 must be printed out. You can either type your answers and print out the completed form, or print out a blank form and complete it by hand using black ink.

Once the form is completed, you will need to send it to the U.S. government by mail. The address you’ll use depends on which U.S. state you’re in. You can check where to send your completed I-751 here .

The information required to complete Form I-751 is fairly straightforward. Let’s look at each part of the form individually.

PART 1: Information about you

This section asks for basic personal information, such as your name, marital status, and other personal information. Other questions that may not be as obvious:

Alien Registration Number (or “A-Number”) : You can find this number on your green card, where it is labeled “USCIS#”. You can also find this number on your past correspondence with USCIS.

USCIS Online Account Number : This is different from your A-Number. Do not worry about it if you don’t have one. If you have used USCIS online services in the past, you can log in to your account and find your account number on your profile page.

Mailing and physical addresses : You may live at a different address than where you receive mail. If someone other than you accepts mail on your behalf, include their name on line 15.a., where it reads: “In Care Of Name.”

PART 2: Biographic Information

Here you will be asked for details about you, including eye color, height, weight, and ethnicity.

PART 3: Basis for Petition

If you are filing jointly with your spouse or parent, check the appropriate box in “Joint filing”.

If your circumstances mean you cannot file jointly with your spouse, check the appropriate box to explain why your spouse will not file with you. This might include the death of your spouse, spousal abuse, or divorce.

PARTS 4 and 5: Information About Your Spouse and Children

In this section, you will provide basic information about the sponsoring spouse (or parent or guardian) through whom the applicant obtained their green card.

In Part 5 you will do the same for any children you may have. If you do not have children, go straight to Part 6.

PART 6: Accommodations for Individuals with Disabilities and Impairments

In this section, you can make USCIS aware of any disabilities or impairments you might have, and which would require accommodation by U.S. authorities.

PARTS 7 and 8: Applicant and Spouse Acknowledgements and Signatures

In this part, you and your spouse will be asked to verify that all the information contained in the application is correct.

The conditional green card holder is the “petitioner,” and should complete Part 7 and sign and date the form. Their sponsoring spouse, parent, or guardian (if applicable) should then complete and sign in Part 8.

PARTS 9 and 10: Interpreter and Preparer Information

If an interpreter, lawyer, or anyone else helped you to complete the form, they need to give their details in these sections.

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When you mail your completed Form I-751, you will also need to include some supporting documentation. You should send:

• Copies of the front and back of your current green card, and of the front and back of the green cards of any children included on the I-751.
• Evidence that your marriage was entered into in good faith. This could include documents that show you continue to live together, such as mortgage or lease documents; evidence of shared assets, joint bank accounts, or joint tax filings; birth certificates of children born since your marriage; voided checks showing the same address; or even family photographs and sworn affidavits from friends. For further details, check out Boundless’ article on how to prove your marriage is real .
• Evidence to support your reasons for not filing jointly (if applicable). This could include your spouse’s death certificate; a finalized divorce decree; or official documentation showing that you or your children suffered domestic abuse.
• An explanation for the reason you are filing late (if applicable).
• Details of any criminal convictions or charges brought against you since you became a green card holder (if applicable).
• If filing while overseas due to military or government service, enclose 2 passport-style photographs, completed Form FD-258 fingerprint cards, and a copy of your current military or government orders. Additionally, write “ACTIVE MILITARY” or “GOVERNMENT ORDERS” on the top of your I-751.

Check the I-751 instructions for full details on the kinds of documentation required for your specific circumstances.

USCIS Fee Hike

The filing fee for Form I-751 could nearly double in the coming months. In January 2023, USCIS proposed a new fee structure, which would increase filing costs for nearly every application type, including removal of conditions. The new fees are not yet in effect, but be sure to visit Boundless’ USCIS fees guide to learn more about the proposal and see what costs you can expect.

The filing fee for Form I-751 is $750. You will also have to pay an $85 biometric fee for yourself, and an additional $85 for each dependent included on your I-751. You can request a fee waiver based on your household income, receipt of means-tested benefits, or financial hardship.

You can pay the fee with a money order, personal check, or cashier’s check. When filing at a USCIS Lockbox facility, you can pay by credit card using Form G-1450, Authorization for Credit Card Transactions .

After you file Form I-751, you will receive a notice in the mail confirming that your Form I-751 has been received. This receipt, also called a Form I-797, can be presented along with your existing green card to extend its validity for up to 18 months beyond the original expiration date. Whenever you need to prove your U.S. residence, you must show both your green card and the receipt.

The processing times for I-751 forms change on a regular basis, and depend on which USCIS office processes your application. Be sure to check for current wait times . Sometimes the wait can be more than 3 years. That means you might not get your full green card before the extended date listed on your I-797 receipt. Don’t worry! Your green card will automatically remain valid until your I-751 petition is decided. You can still live, work, and travel freely just as you did before filing your I-751. If you need proof of residence, you can contact USCIS and request an appointment to get an extension stamped in your passport.

USCIS will review your application and send a request for evidence if parts of your application are missing. That can further delay the process, so make sure your Form I-751 is complete and that you include all the required documentation.

You will then be sent details of your biometrics appointment , including date, time, and location. This is an important appointment, so make sure you don’t miss it.

Finally, you may be required to attend an interview with a USCIS official. This requirement used to be regularly waived if the applicant and their spouse submitted clear evidence of a genuine marriage along with their initial application, but under new guidelines implemented late in 2018, most conditional green card holders do now have to attend an in-person interview.

If USCIS approves your petition, you will receive a notice of approval, followed by a new 10-year green card in the mail. You will need to renew your new green card before it expires.

Conditional residence and U.S. citizenship

Your time as a conditional green card holder usually counts towards the time needed to qualify for U.S. citizenship, so in some cases you may become eligible for naturalization before you receive your updated green card. If that applies to you, you can file a copy of your I-797 receipt along with your N-400 naturalization application and request that USCIS process both applications simultaneously.

Boundless offers unlimited support from our team of immigration experts, so you can apply with confidence and focus on what’s important, your life in the U.S. Learn more.

You can check the status of your Form I-751 by following the steps outlined in our guide . You will need to enter your application number, email address, and name. Once you’ve logged in, select “I-751 Remove Conditions” under “case type.”

If you are concerned that USCIS is taking too long to process your Form I-751, check the processing times for the field office where you filed. In the final column, you will see a date labeled “Receipt date for a case inquiry.” If you filed your application on or before this date, you can contact USCIS to request an update on the status of your case.

Form I-751 FAQs

Form I-751 processing delays are nothing new. In 2013, a Citizenship and Immigration Services (CIS) Ombudsman report found that a severe lack of training, inconsistent adjudications, and unwarranted removal proceedings were gumming up the works. And according to the CIS Ombudsman 2021 annual report , the inefficiencies and delays have only gotten worse. This is in large part due to the evolving (or devolving) state of interview waiver guidelines.

In 2005, an interoffice memorandum prioritized Requests for Evidence (RFEs), over interviews, to clear up any inconsistencies in I-751 petitions. If, despite new evidence, confusion still prevailed — or if the application seemed fraudulent in any way — the officers were instructed by the memo to schedule an in-person interview.

In 2018, USCIS issued another guidance , to fulfill the mission of Executive Order 13780 — entitled “Protecting the Nation From Foreign Terrorist Entry Into the United States.” That guidance shared much of the same language as the 2005 memo, except for one important addition: all conditional permanent residents (CPRs) who received their approval abroad, and who filed on or after December 10th, 2018, would, by default, have to attend an interview. In effect, interview waivers became the exception rather than the norm.

The new criterion — dubbed the “categorical interview requirement” — caused the number of interviews to skyrocket. Petitions meeting this requirement were effectively funneled to field offices for interviews. According to the 2021 Ombudsman report, “As of December 31, 2020, 58,371 Form I-751 petitions were pending with USCIS that met the categorical interview requirement.”

Perhaps more striking is the fact that, in 2019, 187,000 CPRs received their green card through consular processing. Under the 2018 guidance, all those applicants must attend an interview. In practice, this means severe delays. While USCIS is required by law to issue a decision within 90 days of the interview, they only reach this standard 49% of the time.

What was the reasoning behind the 2018 guidance? The administration intended to weed out the perceived threat of fraudulent applications. But, as it turns out, this threat was more fiction than fact. In 2020, only 1 percent of denials were due to fraud. For more on the 2018 guidance and its effects, read our article on the topic.

In response to the increased delays, USCIS has updated its policies to provide some cushion for applicants in bureaucratic limbo. Petitioners are now permitted to use their receipt notice (Form I-797), with their green card, as proof of residence for up to 24 months after the expiration of their permanent resident card. That’s 6 months more than the original 18-month grace period. Eligible applicants who filed prior to September 4th will receive a new receipt notice with the updated timeline.

You can check the current processing time estimates on the USCIS website . If you’ve been waiting longer than the estimated processing time, you can submit an e-form to inquire about the status of your petition.

There are 3 ways in which your application can be denied:

• It has been discovered, within the 2-year conditional period, that the marriage was fraudulent, or “judicially annulled”, or that the applicant has paid a fee for filing another application for immigrant status.
• The applicant did not attend their interview or file a joint petition within the appropriate time frame.
• The application itself contains false information.

If your application has been denied for one of these reasons, USCIS will send you a Notice to Appear (NTA), and you will be expected to attend removal proceedings at an immigration court. If you would like to argue your case, you will have to submit another I-751 on different grounds . Once you file the new petition, you can submit a motion to continue your removal proceedings while USCIS considers your new application. If the new I-751 is approved, you can file another motion to end the removal proceedings.

If the second Form I-751 is denied, it will be up to the judge to determine whether the decision was sound. Your conditional residence will remain valid until the end of the proceedings.

While it is not required that you submit a cover letter with your application, it can be very useful if you think your case might appear odd to a USCIS officer. You can use the letter to quell any potential concerns the case officer might have when reviewing your submission. This will, in turn, reduce the possibility of further evidence requests. For instance, if you and your spouse live separately , you can write a letter explaining why this is the case.

You can also use the letter to summarize your application, providing a list of contents and a brief explanation of each item on the list. It’s good to keep the letter brief and to the point, and you should be sure to include your name and alien registration number.

There’s no rule governing who should write the letter. You and your partner can decide together who might be best suited to the task. If either of you have experience drafting official letters, then the task should probably fall to that person. No matter who writes the letter, it’s a good idea for both of you (and a third party ) to review the draft several times before submitting. This will help reduce the possibility of errors sneaking their way into your petition.

As mentioned above, Form I-751 has been clogging the proverbial pipeline for sometime now. Ever since the publication of the 2018 memorandum, the number of required interviews has gone through the roof. As a result, the caseload has been distributed across several USCIS offices. According to the 2021 Ombudsman report , all applications meeting the “categorical interview requirement” have been forwarded “directly to the National Benefits Center (NBC) for intake processing and interview scheduling.” And since most CPR applicants are required to attend an interview, a large number of petitions have been sent to NBC.

First of all, it’s important to know that this is not grounds for immediate dismissal of your case . That being said, you should notify USCIS of the divorce as soon as it is final. They might send you an RFE requesting documentary proof that your marriage has ended, in which case you should promptly reply with the requested information. You might want to send the divorce decree with an attached cover letter explaining the situation and requesting that your initial application be changed to a divorce-based waiver petition. Whichever path you take, you should, where possible, include concrete evidence of your attempts to save the marriage — if, for instance, you went to couple’s therapy. You will want to show the case officer that your relationship and the ensuing divorce were authentic. But, in the end, this is not a reason to panic.

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• Removing Conditions on Residency General Discussion

Example - I-751 Cover Letter

By R.Ny January 14, 2017 in Removing Conditions on Residency General Discussion

• i-751 cover letter
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19 posts in this topic

Recommended posts, r.ny   0.

my my question is pretty soon I will be applying for I 751 and for last 2 years we have credit card transactions statement that reflects my name, spouse name and in laws name. But I haven't done any transaction in 21 statements but did in 3 statements. Though my name is reflected in each statement and under each name transactions are shown if they happened.

Should I send evidence of all 24 credit card statements?

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Please see my cover letter and let me know if this is sufficient / good. We don't have any joint utilities under our name. Thank you.                                                                                                                                                                                                       

I-751 Cover Letter

Conditional Resident Name (Conditional Resident), A#XXX-XXX-XXX

U.S. citizen spouse Name (U.S. citizen spouse), A#XXX-XXX-XXX

U.S. citizen child Name (U.S. citizen child)

USA Address

USCIS Vermont Service Center P.O. Box 200 St. Albans, VT 05479-0001

Nature of the submission: I-751 petition to remove conditions on residence – Original

To Whom It May Concern:

Dear Sir or Madam:

Enclosed please find my form I-751 petition to remove conditions on residence and supporting evidence of the relationship. I'm two years conditional resident since XX/XX/XXXX and expires on XX/XX/XXXX. A payment of $680 in form of money order for both Application and the Biometric Service Fee are also included.

Contents Include:

I-751 Form signed by myself and my spouse.

Check for $680, which includes $595 filling fee and $85 biometrics fee.

Birth certificate of child born from the marriage

Copy of birth certificate of daughter “U.S. citizen child Name” born during the time of this marriage with our as parents name listed.

Joint mortgage contracts

Copy of the mortgage documents of the house we own and currently reside in.

Joint ownership of assets and Joint responsibility for liabilities

Tax returns

2014 and 2015 IRS account transcripts and tax transcripts showing jointly filed tax return.

2014 and 2015 complete joint Federal and State tax returns showing jointly filed tax return.

Copies of “U.S. citizen spouse Name” W2 statements for the year 2014 and 2015 showing the common home address.

Copies of “Conditional Resident Name” W2 statements for the year 2015 showing the common home address.

Joint medical

Copies of our health insurance cards showing a joint policy for years 2016, 2015, 2014.

Jointly held bank accounts

Copies of our joint savings account statements with “Investors Bank” for the years 2016, 2015 and December 2014 with transaction history reflecting the mortgage payments.

Jointly held credit cards

Letters from “Capital One” on Parents Account stating us (“U.S. citizen spouse Name” & “Conditional Resident Name”) as authorized users for Account Number ending in XXXX.

Copies of “Capital One” account statements for Account Number ending in XXXX, for the years 2016, 2015, Dec 2014 and Nov 2014, listing us as authorized users

Copies of “Chase” Credit Cards for “U.S. citizen spouse Name” and “Conditional Resident Name” showing same account number XXX-XXX-XXX-XXXX

Letters from “Chase” reflecting “Conditional Resident Name” as authorized user on credit card owner “U.S. citizen spouse Name”.

Jointly traveled & upcoming travel plan

A copy of our e-tickets overseas trip to COUNTRY NAME and local tickets, to meet “Conditional Resident Name” family where we have traveled together in the past two years including our daughter “U.S. citizen child Name”.

A copy of our e-tickets of our upcoming overseas trip to COUNTRY NAME from MMDDYYYY to MMDDYYYY including our daughter “U.S. citizen child Name”.

Joint photos

Copies of photos of us together at various events with family and friends throughout the last two years such as wedding photos, honeymoon photos, baby shower photos for our daughter “U.S. citizen child Name” & her 1 st birthday celebration photos, family events / vacation photos.

Marriage Certificate

Copy of the marriage certificate by State Registrar XX.

Copy of the marriage certificate by Municipal Court of XX, XX.

Copy of my permanent resident card front and back.

Joint Residence

Copy of “U.S. citizen spouse Name” driving license and “Conditional Resident Name” learning permit with our current address of residence.

Copy of issue of SSN card to “Conditional Resident Name” showing the current address of residence.

Copies of documents submitted are exact photocopies of unaltered documents and I understand that I may be required to submit original documents to an Immigration or Consular officer at a later date.

Conditional Resident Name U.S. citizen spouse Name

Conditional Resident U.S. Citizen spouse

Sukie   1,439

Just a small item...if you are still married, and it looks like you are - YOU are not filing the petition - BOTH of you are filing the JOINT petition.  So you might want to change a lot of the "I"s to "we"s...

Sukie in NY

Our Prior Journey

N-400 Naturalization

18-Feb-2018 - submitted N-400 online, credit card charged

18-Feb-2018 - NOA1

12-Mar-2018 - Biometrics 

18-June-2018 - Notice of interview received

26-July-2018 - Interview  - APPROVED!!!

26-July-2018 - Oath Ceremony Scheduled

17-Aug-2018 - Oath Ceremony

Thanks good catch.

I changed following items -

Enclosed please find my form

Enclosed please find our form

I'm two years conditional resident since XX/XX/XXXX and expires on XX/XX/XXXX.

“ Conditional Resident Name” is two years conditional resident since XX/XX/XXXX and it expires on XX/XX/XXXX.

I understand that I may be required to submit original documents to an Immigration or Consular officer at a later date.

We understand that we may be required to submit original documents to an Immigration or Consular officer at a later date.

DrEllaNJ   288

for utilities, do you have some in your name and some in your spouse's? This would show common residence even though not both of your names are listed. Looks like you have a pretty good list though. 

Caveat: I haven't gone through this yet.

chars   151

As am individual who has researched and studied immigration's policies and procedures for years, I will allude to my colleague's comments on the pronoun "I" to "We" which was mentioned numerous times in your assertions. Howbeit, your evidence may not be as solid as a rock, but it has some key ingredients that United States Citizenship and Immigration Services' officials might want to consider in granting you 10 years Green Card; and that is the child bore within the union and perhaps, joint liabilities. There is no other way more conniving to uscis' officials in proving a legitimate relationship then having children or child. Don't get me wrong, there are other pieces of evidence so vital and influential in making a positive decision on your behalf. To sum up, I think you're good.   

1 minute ago, DrEllaNJ said: for utilities, do you have some in your name and some in your spouse's? This would show common residence even though not both of your names are listed. Looks like you have a pretty good list though.  Caveat: I haven't gone through this yet.

I’ve utilities under my name, parents name but none under my spouse name.

So I thought of skipping utilities all together.

Do you think it is still good idea to add evidence of utility under my name ? USCIS instructions says to show joint utility only.

If you have some bills in your name and other in hers then I don't think there's a issue here.

Just now, chars said: If you have some bills in your name and other in hers then I don't think there's a issue here.

Thanks for reply. There are no bills under my spouse name.

One i can think of - is medical bills - where i am primary card holder, so bills under my name but it shows patients name as my spouse name. But i am not adding medical bills.

utilities are some parts of evidence; if not available for some logical reasons, there are some many ways to substantiate your relationship.  

Just now, chars said: utilities are some parts of evidence; if not available for some logical reasons, there are some many ways to substantiate your relationship.  

Yeah. Since no utilities bill together, can't do much.

Is it okay to just send utility bill under my name ? will that be better than nothing ? or it may become pointer for RFE ?

Do you know why there's no utility bill in her name? Is there any reason?

On Part 1 - since I don't have middle name. My name wasn't auto populating on Part 7.

So I ended up in adding a space in middle name, now my name auto populates in Part 7. But it shows like this -

"R. . LastName"

Will this be still okay ?

in prior i-751 forms, it used to print full name. now it is printing first name initial. middle name initial. last name.

to be on safe side, just I don't want to use the old form even though it is valid until Feb 2017.

3 minutes ago, chars said: Do you know why there's no utility bill in her name? Is there any reason?

Before i got married, all utility bills were either under my name or parents name. After i got married, never thought of making any change there. So that's the reason.

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Sarraf Gentile

A Low-Volume High-Priority Litigation-Focused Firm

Submitting I-751 Affidavit Letters of Support

[Also available on Reddit .]

To support a I-751 petition and show that the marriage is “bona fide,” couples must submit evidence that helps establish that the marriage is genuine. This can include joint leases, wedding pictures, joint bank statements or a huge variety of other documents and records. Because the burden of proof to demonstrate that the marriage is bona fide is on the couple, it is up to the couple to present sufficient evidence that proves that they married for love and not simply to get a green card. This burden still applies when the conditional resident is allowed to file the I-751 without their spouse because the couple is divorced or the immigrant is subject to domestic abuse. This added complexity generally makes hiring a lawyer prudent.

Affidavits or Letters of Support are one possible piece of evidence. These are statements written by people who know the couple and have first-hand eye-witness knowledge of their relationship. An affidavit or letter can corroborate and support other evidence that the couple or individual may submit as part of the I-751 packet to demonstrate that the marriage is real, entered in good faith and not a sham. Such third-party documents are most useful when the petitioner’s documentary evidence of a bona fide marriage is not ironclad or they can expect heightened scrutiny, such as when seeking a waiver or other red flags are present.

Affidavits or letters are not required. However, they can be helpful. Sometimes, they can even help petitioners avoid an I-751 interview. However, they are not a replacement for strong, objective evidence that a bona fide marriage exists. The best evidence of a credible, good faith marriage include having children together, maintaining a joint financial identity (such as joint bank accounts, joint insurance policies, joint retirement plans, etc.) and jointly owning or renting property. These records demonstrate that the couple’s lives are intertwined and plan or planned for a future together.

An affidavit or letter can be used to fill gaps, corroborate or support other evidence or explain shortcomings or weaknesses in a petition. Nevertheless, USCIS will usually give objective forms of evidence more weight and credibility than an affidavit or letter from a friend or relative.

Who Should Write a Letter?

Affidavits or letters in support of an I-751 petition are usually written by relatives or close friends of the married couple. This can also include neighbors, landlords, community or religious leaders. Ideally, the person who writes the letter of support knows the couple well, hopefully for years but at least since the marriage started, until the present. The writer does not have to be a US citizen. They should be someone who is familiar with the couple’s life together.

In the letter, the writer should state their personal views of the couple and share observations and opinions that lead the writer to conclude that the couple is/was in love, they honestly sought to marry and desire to remain a married couple. The goal is to explain why the writer thinks the couple’s marriage is/was genuine.

Using an Affidavit or Letter When Seeking a Waiver

The I-751 petition normally must be filed jointly by both spouses. Unfortunately, some marriages do not last. This is true even if you get married with the best intentions. Just because the marriage ended, does not mean the marriage was not “bona fide.” In such cases, the US citizen or permanent resident spouse may refuse to sign the I-751. A joint petition may not be possible even if the marriage is intact, but involves physical or emotional abuse.

Where the I-751 petition cannot be filed jointly, conditional residents must file the petition and seek a waiver of the joint filing requirement. Now, not only must the petitioning conditional resident spouse still prove that the marriage was bona fide, but also the additional grounds that justify the waiver. USCIS will look at waiver petitions more closely.

In such situations, a letter or affidavit can be even more beneficial. An I-751 affidavit or letter can help establish the good intentions of the immigrant in marrying, why the marriage was unsuccessful or why the petitioner must file the I-751 alone. This can be particularly helpful in cases of abuse.

A Proper I-751 Affidavit or Letter

An affidavit is basically a sworn letter. The writer is called an affiant. The affiant swears to the affidavit’s truth. When submitting one for an I-751 petition, the affidavit or letter should be typed and signed by the writer. It should contain some basic points:

– Affiant’s full name and address

– Affiant’s date and place of birth

– Affiant’s relationship to the I-751 applicant and/or spouse

The description of the affiant’s relationship with the couple can include:

– How the affiant met the couple

– The period of time in which the affiant knows the couple

– A description of how frequent the affiant interacts with the couple

– A short description of why the affiant believes the couple’s marriage is/was genuine (one or two stories that prove the couple’s mutual commitment, how they held themselves out as being a married couple etc.)

The letter does not necessarily need to be notarized, but the affiant should sign and date it. The letter should also include a sentence saying that everything the affiant states in the letter is true. Here is sample wording to consider: “I swear or affirm, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge.”

A sample letter could look something like this:

AFFIANT NAME

AFFIANT ADDRESS

U.S. Citizenship and Immigration Services

Subject: Affidavit Letter of Support for Mark & Lilly Jones

Dear USCIS Officer,

I write to support Lilly and Mark’s immigration application. I first met them three years ago when they rented an apartment from me in a building that I own. They arrived soon after they got engaged and I was very happy to meet them. We quickly became close friends. They seemed really close and very caring for each other. They were always together. They got married while living together in the same apartment and threw a little party in the building’s courtyard to celebrate with the others who live in the building. They invited all the neighbors, including me and my wife, which I really appreciated. I’ve attended numerous dinners and events over the years with them as a couple. They frequently discussed future plans and starting a family. Thank you for the opportunity to share this information with you. Please contact me at (123) 867-5309 if you need additional information. I swear, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge.

Ned Flanders

(Date of Birth: 7/21/1965)

(Birthplace: Anyplace, NY, USA)

Obviously, each letter is unique and should contain elements that are personal to each affiant and each couple’s own story. The affiant should be honest and use anecdotes or stories to demonstrate why he or she came to the conclusion that the couple has a bona fide marriage.

Finally, it is possible, though usually not necessarily likely, that the affiant may be required to testify before an immigration officer regarding the materials contained in the letter or affidavit. The affiant should know that this is a possibility.

The form I-751 petition is a necessary step for anyone who obtains conditional residency through marriage and wants to become a permanent resident and eventually a US citizen. Submitting proof that the marriage is bona fide is key to the process. Providing adequate (quantity) and strong (quality) evidence of a bona fide marriage, possibly including multiple well-prepared I-751 affidavit letters of support, can help ensure that the process is a successful one. Before filing, you should always closely review the most recent filing instructions provided by USCIS. For cases where you are seeking a waiver or has any complications/red flags, it is especially important to seek the advice of attorney before proceeding.

https://www.uscis.gov/sites/default/files/document/forms/i-751instr.pdf

*This is for informational purposes only

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• Remove Conditions on Residence Questions (Form I-751)

Which documents should I send with Form I-751?

Home » Which documents should I send with Form I-751?

June 7, 2021

While it is necessary to file the I-751 petition within the 90-day period before the card expires, the supporting documentation that goes with the form is just as important.

Proof of a Bona Fide Marriage

You’ll need to submit proof that you have a bona fide marriage, but a marriage certificate isn’t enough. Submit evidence indicating that the marriage upon which you were granted conditional status was entered in “good faith” and was not for the purpose of circumventing immigration laws. There is no list of prescribed documents. It’s your job to come up with different documents that serve as evidence that you entered the marriage with the intent to stay married for a life time.

RECOMMENDED: 33 Great Documents for Proving a Bona Fide Marriage

Mistakes on your I-751 petition can cause costly delays or a denial.

Evidence to send with form i-751.

Submit copies of as many documents as you can to establish the merits of the relationship from the date of marriage to the present date, and to demonstrate any circumstances surrounding the end of the relationship, if it has ended.

All couples should consider this requirement from the beginning of the marriage. Proving a good faith marriage should start on day one so that you have sufficient evidence to send with Form I-751 for the purposes of establishing your genuine marriage.

The documents may include, but aren’t limited to, the following examples:

• Birth certificate(s) of child(ren) born to the marriage
• Lease or mortgage contracts showing joint occupancy and/or ownership of your communal residence
• Financial records showing joint ownership of assets and joint responsibility for liabilities
• Any other documents that you consider relevant to establish that your marriage was not entered for the purpose of evading U.S. immigration laws
• Photographs of married couple together

All of the evidence above is made more effective if it starts at the time the marriage began up to the present time. Affidavits should be supported by other types of evidence listed above.

RECOMMENDED: How to Write an I-751 Affidavit of Support

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