What Evidence Should Be Submitted to Remove Conditions on Green Card

Types of Evidence You Need When Filing a Petition to Remove Conditions on Residence Based on Marriage

Filing a Petition to Remove Conditions on Residence (Form I-751) is a necessary step for people who have received their conditional permanent residency through marriage to a U.S. citizen or lawful permanent resident. The purpose of this petition is to convert your 2-year green card into a regular 10-year green card. This must be filed within 90 days of the expiration date on your 2-year green card. At this stage, it is critical to present evidence that proves your marriage was entered into in good faith and not for immigration purposes. To do this, you’ll need to provide substantial evidence that demonstrates the legitimacy of your marriage. Below, we outline the types of evidence you should submit to strengthen your case:

1. Proof of a Bona Fide Marriage

U.S. Citizenship and Immigration Services (USCIS) wants to see evidence that shows you and your spouse share a genuine marital relationship. USCIS will scrutinize this evidence closely, looking for signs that your marriage is not fraudulent. The following are essential pieces of evidence to support your case:

• Joint Financial Accounts:

  • This includes joint bank statements, credit card accounts, and shared investments. The more extensive the history of your shared financial life, the better.

• Joint Tax Returns:

  • Copies of your jointly filed tax returns are powerful proof of your shared financial obligations.

• Shared Property Ownership or Lease Agreements:

  • If you and your spouse own property together, submit deeds, mortgage documents, or lease agreements with both of your names. This shows you share a residence and financial responsibilities.

2. **Documents Showing Shared Life Responsibilities

USCIS will also want to see that you and your spouse share the responsibilities of everyday life. The following documents can help demonstrate this:

• Utility Bills:

  • Jointly named utility bills such as electricity, water, and internet are strong indicators of cohabitation.

• Insurance Policies:

  • Shared health, life, or car insurance policies with both of your names listed as beneficiaries or policyholders are good indicators of shared responsibility.

• Children’s Birth Certificates:

  • If you have children together, their birth certificates listing both parents are solid proof of your ongoing relationship.

3. Evidence of a Shared Social Life

You’ll also want to provide evidence showing that you and your spouse are socially recognized as a married couple. This can include:

• Photos Together:

  • Submit pictures of you and your spouse from family gatherings, vacations, and other social events. Include images from different points in your marriage to show continuity.

• Affidavits from Friends and Family:

  • Written statements from people who know both of you and can attest to the authenticity of your marriage can help. Affidavits should include details about how the person knows you, how long they’ve known you, and their observations of your relationship.
• Travel Documents:

If you and your spouse have traveled together, provide copies of itineraries, boarding passes, or hotel reservations under both names.

4. Correspondence and Communication

If you and your spouse have spent time apart, such as during trips or periods of long-distance living, provide evidence of your continued communication:

• Emails, Letters, or Text Messages:

  • Showing ongoing communication between you and your spouse, especially during periods when you are not physically together, can help USCIS see the depth of your relationship.

5. Conditional Waiver Situations

In cases where the petitioning spouse is unable or unwilling to file jointly—such as in situations involving divorce, domestic abuse, or the death of the spouse—the conditional resident may file for a waiver. In these instances, additional evidence is necessary:

• Divorce Decree:

  • If you are filing based on divorce, you will need to provide evidence that your marriage was real before it ended.

• Abuse Documentation:

  • If you are filing because of abuse, evidence such as police reports, medical records, or restraining orders may be critical.

• Death Certificate:

  • If your spouse has passed away, you’ll need to include a death certificate with your petition.

6. Other Supporting Evidence

• Receipts or Proof of Joint Purchases:

  • Providing evidence that you and your spouse have made major purchases together, like buying a car or furniture, can help demonstrate your shared financial life.

• Mail Sent to Both of You:

  • Evidence that mail is addressed to both you and your spouse at the same address is another way to prove cohabitation.

Conclusion

When filing a Petition to Remove Conditions on Residence, you must provide a comprehensive and diverse packet of evidence that clearly demonstrates the validity of your marriage. USCIS is looking for a picture of your life together, so include as much evidence as possible to prove that your marriage is genuine and not just for immigration purposes. Always remember to submit copies (not originals) of all documents, and consider including a cover letter that organizes and explains your evidence for easier review. With the right preparation, you can significantly increase your chances of success in obtaining your permanent green card.

If you need help preparing your I-751 petition or gathering evidence, reach out to our experienced immigration attorneys for assistance.