Disclaimer: We assist with federal U.S. immigration (USCIS) matters only. Attorney Scott A. Maki is licensed in Minnesota only and cannot assist with state-law matters in any other state, including North Dakota.
If you got a two-year green card through marriage, you must remove conditions on your green card before it expires. You do this by filing Form I-751. Once approved, you receive a 10-year green card.
Missing the deadline can end your permanent resident status. So, it pays to plan ahead.
Who needs to file Form I-751?
You received a conditional green card if you had been married less than two years on the day your green card was approved. Your card will say “CR” or show a two-year expiration date.
Children who got conditional green cards through the same marriage are usually included on your I-751.
When should you file?
File during the 90 days before your green card expires. USCIS may reject a filing sent too early.
If you file late, you must explain why. Late filings are accepted only for good cause.
Joint filing vs. filing with a waiver
Filing jointly
Most couples still married file together. Both spouses sign the form and show the marriage is real.
Filing alone with a waiver
You can ask to file without your spouse in certain situations, for example:
- You divorced, but the marriage was entered in good faith
- You or your child suffered abuse or extreme cruelty
- Your spouse died
- Losing your status would cause extreme hardship
Waiver cases need strong evidence. Get advice early if your marriage has ended or you are facing abuse.
Why the right evidence matters
Your I-751 must show that you and your spouse have shared a real life together since you got your green card. Under USCIS policy guidance issued August 5, 2026, officers can now deny a petition that is missing required evidence without first sending a Request for Evidence (RFE).
We know what USCIS looks for and prepare a complete, well-organized petition for you. Thinking about filing on your own? Read this first.
What happens after you file?
- USCIS sends a receipt notice. It extends your green card status while the case is pending, so keep it with your old card.
- You may be scheduled for biometrics.
- USCIS may approve without an interview, or ask you to attend one.
- If approved, your 10-year green card arrives by mail.
Processing can take a long time. Check the USCIS processing times page for current estimates.
Common questions
Can I travel while my I-751 is pending?
Generally, yes, if you carry your expired green card and your valid receipt notice. Check the notice for its exact terms before you go.
Can I apply for citizenship while my I-751 is pending?
Sometimes. If you are eligible under the 3-year or 5-year rule, USCIS may decide both cases together. See our citizenship page.
How we help
- Calendar your filing window
- Organize strong joint-life evidence
- Prepare waiver cases after divorce or abuse
- Prepare you for an interview if one is scheduled
Is your 2-year green card expiring soon? Call (218) 461-4654 or send us a message. You will talk directly with the attorney.
Related pages
Official information: USCIS Form I-751, Petition to Remove Conditions on Residence.
This page provides general information, not legal advice. Every case is different, and immigration rules change often.