Deadlines for I-751 Joint Petitions and I-751 Waiver Petitions
Renewing your conditional green card (or “removing the conditions on your residence”) requires you to file Form I-751 with your US Citizen spouse**. You must file Form I-751 in the 90 days before the expiration of your conditional card. Do not file it early–it may get rejected. If you file late (that is, after the expiration of your conditional green card), you will need to submit an explanation of why you filed late and convince USCIS that there was “good cause” for your lateness.
**You will not be required to file Form I-751 with your US Citizen spouse if, if you were abused by your spouse, OR if you are divorced, or if your spouse has died, you can file a waiver application (still on Form I-751). There is no deadline for I-751 Waiver Applications. You can file them before the expiration of your green card (at any time) and you can file them after the expiration of your green card (at any time). If you wait to file after the expiration of your green card, you run the risk that USCIS will notice that you have not filed and will send a notice of termination of your conditional residence status. If you receive a notice of termination of conditional residence status, you should file Form I-751 Waiver as a waiver as soon as possible.
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