Late filing of a petition to remove conditions (Form I ?751)

Whenever a person is granted a green card through marriage to a US citizen (and they have been married for less than 2 years), he or she is given a “conditional” green card, valid for two years. Within 90 days of the expiration of the person’s two-year conditional green card, the “happily married” couple must file a Joint Petition to Remove the Conditions of Residence (Form I-751), and be issued a new, 10-year “unconditional” green card. The Joint Petition is basically a “status report” to the USCIS, establishing or proving that, for the past two years, the couple has lived together as husband and wife, and documenting that the marriage was not “fixed.”

But what happens if, for one reason or another, the couple did not file the Joint Petition within that 90-day time period? Maybe they were fighting during that time, but have since reconciled. Maybe they simply overlooked or forgot about the deadline.

Recently, the USCIS revised its guidance concerning the late filing of a joint petition to remove conditions. In essence, if the couple did not file the joint petition to remove conditions within the 90-day time period, they can still file an untimely (or late) petition to remove conditions, but they must also submit a written explanation demonstrating “good cause” for the late filing. The officer will then determine whether they have demonstrated good cause, taking into account how late they were in filing the petition — two months? Ten years?

Under the guidance, the USCIS has “broad discretion” in determining what constitutes good cause: “Some examples of what constitutes good cause may include, but are not limited to: hospitalization, long-term illness, death of a family member, legal or financial problems, having to care for someone, bereavement, serious family emergency, and work commitment, or a family member on active duty with the US military.”

 If you married a US citizen, and obtained a conditional green card, but did not timely file a joint petition to remove conditions, there is still hope. I would definitely advise that you seek the assistance of a reputable immigration attorney, who can evaluate your situation, and your “good cause” for not timely filing the joint petition.

In addition, if your marriage ended in divorce within the two-year conditional period, it is also possible to remove the conditions on the green card without filing the joint petition, but, in this situation, case through a “waiver” (or “exemption”) of the joint petition requirement. An attorney could also help you evaluate your chances in that situation as well.

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