Uh oh…I did not file my I-751 on time! What to do now?
March 18, 2014
A foreign national who gains permanent residence through a marriage to a U.S. Citizen would be classified as a Conditional Permanent Resident if the marriage is less than two years old. Ninety days before the second anniversary of the alien obtaining Lawful Permanent Resident status, the I-751 Petition to Remove Conditions on Residence must be filed to remove the conditional status. The I-751 should have documentation showing that the marriage is a bona fide marital relationship and not simply one of convenience or the sole purpose of obtaining an immigration benefit. Not filing a timely I-751 generally renders one out of status. What happens if you file your petition to remove the conditions on residency late? You will need to establish “good cause” in an explanation for the late filing of your application that will be reviewed by an Immigration Services Officer. What constitutes “good cause” may vary based on the individual circumstances of each applicant. If you find yourself in this circumstance, do not hesitate to reach out to this office for assistance with your application because there are steps that can be taken to ameliorate this process.