! Today, we will be discussing the topic of I-751A, which is a form used by conditional permanent residents who wish to waive the joint-filing requirement with their spouse in order to remove the conditions on their residence. This process is commonly referred to as the “divorce waiver” and can be a complex and lengthy process for those going through it. Let’s dive in and explore the details of the I-751A form and what it means for those seeking to remove the conditions on their residency.
What is the I-751A petition?
If you are a conditional permanent resident, you must file Form I-751, Petition to Remove Conditions on Residence, to remove the conditions on your permanent resident status. However, if you are facing an emergency situation or a delay in the processing of your I-751, you may be eligible to file Form I-751A, Supplemental Form to Remove Conditions on Residence for Individuals Who Are in Conditional Resident Status Based on Marriage to a U.S. Citizen or Lawful Permanent Resident.
Who is eligible to file I-751A?
You may be eligible to file Form I-751A if you meet the following criteria:
- You are a conditional permanent resident based on marriage to a U.S. citizen or lawful permanent resident
- You are currently in the United States
- You have filed Form I-751 and it has been pending for more than 18 months, or your conditional resident status will expire within 30 days
What is the purpose of I-751A?
The purpose of Form I-751A is to provide an opportunity for conditional permanent residents who are facing an emergency situation or a delay in the processing of their I-751 petition to obtain a temporary 18-month extension of their conditional resident status.
How to file the I-751A petition
Step 1: Gather documents
To file I-751A, you will need to provide the following documents:
- A completed Form I-751A
- Evidence of your emergency situation or the delay in the processing of your I-751, such as a USCIS receipt notice or a letter from USCIS explaining the delay
- Evidence of your conditional permanent resident status, such as your green card
- Evidence of your identity, such as your passport or birth certificate
Step 2: File the petition
After gathering the required documents, you must file the I-751A petition at the USCIS Lockbox facility. You can file the petition either electronically or by mail. If filing electronically, you must create an online account with USCIS and follow the instructions on their website. If filing by mail, you must send the petition to the address listed on the USCIS website.
Step 3: Wait for USCIS to process the petition
After filing the I-751A petition, you must wait for USCIS to process your request. USCIS will notify you of their decision by mail. If your petition is approved, you will receive a temporary 18-month extension of your conditional resident status.
Common misconceptions about I-751A petition
Misconception 1: Filing I-751A guarantees an extension of conditional resident status
Filing Form I-751A does not guarantee an extension of your conditional resident status. USCIS will only grant an extension if you meet the eligibility criteria and provide evidence of an emergency situation or a delay in the processing of your I-751 petition.
Misconception 2: I-751A is a substitute for I-751 petition
Form I-751A is not a substitute for Form I-751. If you are a conditional permanent resident, you must file Form I-751 to remove the conditions on your permanent resident status. Form I-751A is only available to individuals who are facing an emergency situation or a delay in the processing of their I-751 petition.
Misconception 3: I-751A is only for emergency situations
While Form I-751A is primarily intended for individuals who are facing an emergency situation, it is also available to those who are experiencing a delay in the processing of their I-751 petition. However, USCIS will only grant an extension of conditional resident status if you provide evidence of an emergency situation or a delay in the processing of your I-751 petition.
FAQs for i751a
What is i751a?
I751a is a form used by conditional residents to remove the conditions on their residence status. This form is called the Petition to Remove Conditions on Residence. It is a requirement for those who have entered the United States on a conditional basis, usually through marriage to a U.S. citizen or permanent resident.
When should I file i751a?
You should file i751a within the 90-day period before your conditional residence status expires. This is important because if you fail to file the petition by the expiration date, your conditional residence status will automatically terminate, and you may be subject to removal from the United States.
What documents do I need to file i751a?
You will need to provide evidence of your marriage, such as a marriage certificate, joint tax returns, joint bank statements, and other documents that show you have been living together as a married couple. You will also need to include evidence of your ongoing relationship, such as letters from friends or family, photographs of you together, and any joint bills.
Can I file i751a alone, or do I need my spouse’s cooperation?
You can file the i751a alone, but you will need to provide a statement explaining why your spouse is not joining you in filing the i751a. If you and your spouse have separated or divorced, you should provide evidence of this. If your spouse is deceased, you should provide a death certificate.
How long does it take to process i751a?
The processing time for i751a can vary depending on the workload of the United States Citizenship and Immigration Services (USCIS). Generally, it takes about 12-18 months. You will receive a receipt notice once your application has been filed, which will give you a case number that you can use to check the status of your application online.
Can I work or travel while my i751a is pending?
Yes. You will receive a receipt notice for your i751a, which will extend your conditional residence status for up to 18 months. You may continue to work and travel during this time. If your i751a is still pending after 18 months, you may request an extension by visiting the USCIS website.
