An alien who obtains permanent resident status (green card) from the marriage to a U.S. citizen will receive a conditional resident status if the marriage is less than two years at the time the green card was approved. A I-751 petition will need to be filed within a 90-day period immediately before the second anniversary of the conditional resident’s status admission or adjustment in order to remove the condition. The petition may be filed jointly with the U.S. citizen or individually by the conditional resident depending on the circumstances.
A couple who file joint I-751 petition must file the form timely in the 90-day period mentioned above. A jointly filed I-751 petition filed after the second anniversary of the condition resident’s admission or adjustment may be considered only if the conditional resident is able to demonstrate good cause and extenuating circumstances for the failure to timely file.
If a jointly filed I-751 petition is not filed within the required period, the US Citizen and Immigration Services (USCIS) will determine whether the failure to file the I-751 petition was based on good cause and extenuating circumstances. The instructions to the Form I-751 state that a conditional resident may file a petition untimely only if he or she includes a written explanation for his or her failure to timely file and a request that USCIS to excuse the late filing.
When USCIS receives an untimely jointly filed I-751 petition, it will check for a written explanation of the late filing and evaluate if the written explanation provides good cause for the late filing. If the USCIS decides that no good cause is provded for the late filing, the USCIS may deny the I-751 and route the file to appropriate unit for issuance of Notice of Appeal before an Immigratio Judge.
What constitutes good cause and extenuating circumstances may be broadly considered by the USCIS. Some examples include but are not limited to: hospitalization, long term illness, death of a family member, the recent birth of a child (particularly ifthere were complications), and a family member on active duty with the U.S. military.
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Untimely I-751 Needs Good Cause In Writing
An alien who obtains permanent resident status (green card) from the marriage to a U.S. citizen will receive a conditional resident status if the marriage is less than two years at the time the green card was approved. A I-751 petition will need to be filed within a 90-day period immediately before the second anniversary of the conditional resident’s status admission or adjustment in order to remove the condition. The petition may be filed jointly with the U.S. citizen or individually by the conditional resident depending on the circumstances.
A couple who file joint I-751 petition must file the form timely in the 90-day period mentioned above. A jointly filed I-751 petition filed after the second anniversary of the condition resident’s admission or adjustment may be considered only if the conditional resident is able to demonstrate good cause and extenuating circumstances for the failure to timely file.
If a jointly filed I-751 petition is not filed within the required period, the US Citizen and Immigration Services (USCIS) will determine whether the failure to file the I-751 petition was based on good cause and extenuating circumstances. The instructions to the Form I-751 state that a conditional resident may file a petition untimely only if he or she includes a written explanation for his or her failure to timely file and a request that USCIS to excuse the late filing.
When USCIS receives an untimely jointly filed I-751 petition, it will check for a written explanation of the late filing and evaluate if the written explanation provides good cause for the late filing. If the USCIS decides that no good cause is provded for the late filing, the USCIS may deny the I-751 and route the file to appropriate unit for issuance of Notice of Appeal before an Immigratio Judge.
What constitutes good cause and extenuating circumstances may be broadly considered by the USCIS. Some examples include but are not limited to: hospitalization, long term illness, death of a family member, the recent birth of a child (particularly ifthere were complications), and a family member on active duty with the U.S. military.