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Form I-751 Waiver for US Spousal Sponsorship

By Ella Bergquist November 12, 2020 (Updated November 12, 2020) 3 min. read
Form I-751 Waiver

After marrying a U.S. Citizen a foreign national will get a “conditional” green card allowing them to reside in the United States as a permanent resident. This conditional green card expires in two years and within 90 days before that expiration date, the newlywed must file for a permanent green card jointly or separately. Filing a Form I-751 Waiver will allow the newly married foreign national to remain living in the United States without the help of their US citizen spouse.

Do I Need to File an I-751 Form?

The I-751 waiver is only required for those individuals who married a US citizen and want to stay in the US but can not file for a joint request to get their permanent green card. Typically people that decide to file an I-751 waiver can be those who:

Required Documents for Form I-751 Waiver

The Northwest Immigrant Rights Project provided several ways to prove that a marriage was truthful and not fake. The following documents are some examples you can provide to prove your marriage was in good faith.

Each document submitted for proof must be in English or have an English translation attacched. You must also inform the USCIS of your address change within 10 days if you moved out of your spouse’s house. If you send any of these documents by mail make sure to send it through certified mail so you will have proof of receipt.

Process and Processing Time of the I-751 Waiver

  1. Contact legal representation
  2. Gather your paperwork and supporting documents
  3. Your legal representation will make copies
  4. Your legal representation will submit your documents, Form I-751, and filing fee
  5. Your legal representation will receive a receipt notice
  6. The receipt will extend your conditional status for 1 year
  7. The USCIS will schedule your interview
  8. Your representative will prepare you for your interview
  9. You will be asked questions about why you are not filing jointly with your spouse
  10. You will be granted lawful permanent residence in the US

Immigration Lawyer Can Help You File an I-751 Waiver

Most people who want to file an I-751 waiver decide to get legal representation because of the extensive requirements and documents. As you can see during the 10 step process of applying for the I-751 having legal representation is an important step. Getting an immigration lawyer to represent you can ensure you receive the best chance of getting your I-751 approved. Book a consultation today with our immigration professionals to discuss your case!

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Peter Gianakas

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