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You must file your Form I-751 during the 90-day period immediately before your conditional residence expires. Visit our When to File Your Petition to Remove Conditions, page to determine the first day of your 90-day filing window. If you file your petition before that date, it may be rejected.
When you mail your completed Form I-751, you will also need to include some supporting documentation. You should send: Copies of the front and back of your current green card, and of the front and back of the green cards of any children included on the I-751. Evidence that your marriage was entered into in good faith.
The standard of proof in establishing eligibility for removal of conditions is preponderance of the evidence. If the initial filing does not contain sufficient evidence to demonstrate eligibility by a preponderance of the evidence, USCIS may issue an RFE or schedule an interview or both.
If the I-751 was filed jointly by the married couple, the governments trial attorney has the burden of proving that the marriage was not entered into in good faith. INA 216(c)(2)(B). The government must prove the marriage is not bona fide by a preponderance of the evidence.
Documents that prove your bona fide marriage and co-habitation covering the period of time from the date of marriage to the present, such as: o Copies of bank statements showing joint savings accounts and/or checking accounts - one for each quarter (four per year) since the date of marriage.
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You must file your Form I-751 during the 90-day period immediately before your conditional residence expires. Visit our When to File Your Petition to Remove Conditions, page to determine the first day of your 90-day filing window. If you file your petition before that date, it may be rejected.
After filing the I-751 petition, the processing time can take 12 to 18 months. A docHub factor influencing how fast USCIS will process your petition is the evidence and supporting documentation, you attached to it.
Your foreign spouses conditional resident status will automatically be terminated. If you fail to submit Form I-751, the USCIS Service Center will generally wait 60 days after the conditional residence has expired to give you a final chance to file the petition.

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