1. Purpose of the I-751

When a Green Card applicant has been married for less than 2 years, the applicant is initially issued a Conditional Green Card, which is good for 2 years. Just before the expiration of the conditional period, the I-751 is filed to apply for a permanent Green Card (which is good for 10 years). The purpose of the I-751 is to reaffirm that the initial marriage took place in good faith.

2. When to file

The I-751 must be filed with USCIS within 90 days prior to the 2-year anniversary of
the issuance of the conditional Green Card.

3. Filing Jointly vs. Filing Single

When you are still married to the same person you were married to at the time of the issuance of the conditional Green Card, you will file the I-751 jointly.

You will file as a single person in the following cases:

a. You entered the marriage in good faith and your spouse has died;

b. You entered the marriage in good faith and you are now divorced from the person to whom you were married at the time of the issuance of the initial Green Card (even if you’re now remarried to someone else, you will file as single);

c. You entered the marriage in good faith and you have been battered or subject to extreme cruelty by your petitioning spouse;

d. Your parent was a conditional resident who entered into the marriage in good faith, but you have been battered or subject to extreme cruelty by your parent’s U.S. citizen or permanent resident spouse or by your conditional resident parent; or

e . The termination of your status would result in extreme hardship to you or a dependent child.

4. Standard for the I-751: Good Faith Marriage (see Matter of Soriano)

To determine whether a marriage was entered into ‘in good faith,’ “[t]he central question is whether the bride and groom intended to establish a life together at the time they were married.” See Bark v. INS, 511 F.2d 1200 (9th Cir. 1975).

To establish ‘good faith’, the court will consider documents such as:

a. proof that the spouse has been listed as the beneficiary on the petitioner spouse’s life insurance policy;

b. documents showing joint ownership or joint responsibility (e.g. property leases)

c. documents showing a comingling of finances (e.g. tax returns, bank statements)

d. shared experiences

e. marriage ceremony

f. birth certificates of any children born as a result of the relationship

5. Common scenarios in which an I-751 matter would end up before an Immigration Judge

You never filed an I-751 (whether you’re still married or not)

a. If you were issued a temporary Green Card and never file the I-751 to remove
the conditions, you can be placed into removal proceedings for having no lawful status once the temporary Green Card has expired.

b. If this happens, you can still file the I-751 with USCIS and an Immigration
Judge (IJ) can either grant continuances on your removal proceedings while the I-751 is being decided, or the IJ can administratively close your case until
USCIS issues a decision on the I-751. If the case is administratively closed
until a decision is made on the I-751, the IJ would then re-calendar your case
to restart proceedings once USCIS has made its decision.

An I-751 was filed and denied by USCIS based on the merits.

a. The IJ will hold an individual hearing to review the decision of USCIS.

b. You would not be required to re-file the I-751 or pay a new filing fee.

• An I-751 was filed and denied by USCIS based on failure to attend interview.

a. The IJ will hold an individual hearing to decide whether to grant the I-751.

You would not be required to re-file the I-751 or pay a new filing fee.

• In all of the above scenarios, the I-751 can be filed jointly or separately. If not

filing jointly, the scrutiny is generally higher as to the good faith marriage.

Note: I-751 can still be filed if the immigrant spouse is now married to someone besides the spouse for which the conditional green card was obtained through. In that case, the immigrant spouse would apply as a single person because the I-751 is based on the
marriage under which the initial Green Card was issued.  

This is a very informative video on going to immigration court. It was made by Illinois Legal Aid. It contains a lot of very useful information for pro se (unrepresented) individuals and attorneys who are new or unfamiliar with immigration court.  

EOIR Case Status--1-800-898-7180


This is an automated immigration court's case status hotline. By entering an individual's alien #, you can find up dates of upcoming master/individual hearings, the  assigned immigration judge, whether a final order has been entered, and other information regarding the individual's proceedings in immigration court.  


Immigration Court (Individual) Contacts (Website)

Here you can find the address and phone number of each immigration court around the country. It also has a listing of all immigration judges in each court. You can speak with an operator for case specific information, such as status of motions and decisions. You will need an alien #. 

ICE Online Detainee Locator (Website)


When ever someone is in immigration (ICE) custody, you can find him/her with this online locator. It will tell you which facility an individual is held at. You will need the alien # and the home country.




USCIS Case Status (Website)

Check status for all USCIS petitions/applications. Limited information. Will need USCIS receipt number. 

USICS National Customer Service Center (NCSC): 1-800-375-5283


This 800 number will allow you to check on the status of USCIS petitions/applications. Individuals and attorneys of record can speak with a USCIS customer service representative concerning their petitions/applications.  

Case Type: Removal of Conditions on permanent residence
Counry: Vietnam

R arrived in the U.S on her fiance's visa, and subsequently recieved a greencard based on her marriage to a U.S. citizen. The marriage fell apart within one year (a few months after R recieved her greencard), and R seperated from her husband. R and her husband divorced a few months later. R filed a I- 751 (pro se) as a single person, which was denied by USCIS. R was then issued an NTA and placed in removal proceedings. Our law office appied for an INA 216 (c) (4) (B) waiver and it was granted by an immigration judge in Hawaii. It was established that R entered into her marriage in good faith and that she had good cause to end her marriage.