Removing Conditions on a Green Card (Form I-751 and I-829)

Your green card is conditional, valid for 2 years, if:

• You got it through marriage to a US citizen or permanent resident, and you had been married less than 2 years on the day you became a resident. See spouse of a US citizen.
• You got it as an EB-5 investor (or as the spouse or child of one).

Children who got their green cards at the same time as a conditional-resident parent, or within 90 days after, are usually included in the parent's petition.

A conditional card cannot be renewed with Form I-90. It must be converted to a 10-year card through this process.

You must file during the 90 days before the expiration date on your 2-year card.

If you file too early, USCIS returns the petition. If you file late, you must explain the delay and show good cause; otherwise your conditional status ends automatically and USCIS can refer you to immigration court.

When USCIS accepts your I-751, the receipt notice extends your status for 48 months from your card's expiration date. Carry it with your card for work and travel.

A joint I-751 must show that you married in good faith, not only to get a green card. Strong evidence includes:

• A lease or mortgage showing both names
• Joint bank accounts, credit cards, and tax returns
• Birth certificates of children born to the marriage
• Health, car, or life insurance naming each other
• Utility bills and mail to both of you at the same address
• Photos over time and travel records together
• Affidavits from people who know you as a couple (sworn statements)

USCIS may schedule an interview or decide the case without one. Marriage-based cases with thin evidence are often interviewed.

If USCIS denies the petition, there is no appeal within USCIS. Your conditional status ends, but you can ask an immigration judge to review the petition in removal proceedings. Get legal help right away if you receive a denial or a Notice to Appear.

You can file Form I-751 alone, with a request to waive the joint filing requirement, if:

• You are divorced or the marriage was annulled, but you entered it in good faith
• Your spouse died
• You or your child were subjected to battery or extreme cruelty by your spouse (no fee applies in this case)
• Losing your status would cause extreme hardship

Waiver petitions can be filed at any time after you become a conditional resident, not only during the 90-day window. If you are separated but not yet divorced, the rules are more complex. Talk to a licensed immigration lawyer. Survivors of abuse may also qualify under VAWA.

EB-5 investors file Form I-829 during the 90 days before the second anniversary of becoming a conditional resident. You must show that you invested (or were actively investing) the required capital, kept it at risk, and that the investment created or will soon create 10 full-time jobs for qualifying US workers. The USCIS fee schedule dated September 9, 2026 lists the I-829 fee as $3,750. Confirm the current fee before filing, since EB-5 fees have changed over time.

The receipt notice extends your status; check the period stated on the notice. For program deadlines, see EB-5 grandfathering deadline.

Time as a conditional resident counts toward naturalization. If you are married to and living with a US citizen, you can apply for citizenship after 3 years as a resident, and you can file up to 90 days early. You may file Form N-400 while your I-751 is still pending; USCIS often decides both together. See naturalization and our naturalization date calculator.