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How to fill in I-751 Petition
to Remove Conditions on Residence 
      

I-751 forms may be obtained directly from USCIS or downloaded from our website

In the continuing spirit of detecting visa fraud, USCIS did not provide your Spouse with permission to remain a permanent resident of the U.S.. Instead only Conditional Residency (in effect a temporary right to live in USA) was granted.  After two years, if the two of you are still a married couple, the assumption is that the relationship really is genuine. So at this point your Spouse's status can be upgraded from that of Conditional (temporary) resident to a permanent resident.

Both you and your spouse are required to together file a petition, Form I-751, Petition to Remove the Conditions on Residence, during the 90-day period immediately before the second anniversary of the date your spouse was granted conditional permanent residence.

Children who were admitted as conditional permanent residents with your spouse may be included in the joint I-751 petition to remove the conditions.


 

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Note:  If legal advice is required we recommend hiring an attorney.  The staff at Heart of Asia and Fianceevisaservices.com  is not an Attorney,  Immigration Law Firm, or employees of Home Land Security (I.N.S.) or (USCIS)  and can not offer legal advice.

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Doing it Yourself ? Try this expert tip. 

    Expert Tip # 6

    Request the consulate to open a “Provisional File”. Once USCIS completes its review of your I-129F, it will send you a notice, I-797C advising the application is approved, then hand off the file to the U.S. State Department to be sent to the overseas consulate that handles the region where your Fiancee is. Typically about a month will go by before the consulate receives the file, and can take action to contact your Fiancee and send her Packet 3. The I-797C that you receive will confirm which consulate the file is being sent to. Contact the consulate immediately via phone or fax and ask if they can open a “Provisional File”. If that consulate allows them to open such a file, then send them a fax requesting this, along with a copy of the I-797C that you received. The consulate will not schedule an interview with your Fiancee until the actual file has arrived, but can send the Packet 3 to your Fiancee for her to respond to.

     

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