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I 751 Interview without spouse Form: What You Should Know

If you receive conditional resident status because of your partner's death you may face extra hurdles getting back your green card. If your marriage becomes annulled, your green card can simply end, and you will have to face the possibility of not being able to apply for naturalization or permanent residency. Also, USCIS can continue to force you to complete the I-751 petition even if you were not eligible to receive a conditional-residence or conditional waiver, or if the petition was invalid (you should look into this as it is not pretty). In such a case you must take all reasonable steps to avoid the event of an interview. Many people find it helpful to file Form I-751 for joint status together when possible. The law requires that you should file Form I-751 jointly, whether you are husband and wife or just a partner who has supported you financially. The easiest way to obtain Form I-751 is to: a.) File I-751 on the same day as your Petition for Relief and Modification of Status to Remove Conditions. This allows the filing officer to see your form, and you can then simply file a separate Form I-751 with your petition without having to go visit the USCIS processing office first. If you are married to an exception, you must submit Form I-751 and your spouse's application together for review. b.) Fill out and mail Form I-751 with the supporting documentation (attested copies of death certificates/copies of marriage licenses, the I-551(a) Application for Alien Worker, and the I-765 for Alien Investor, if applicable). If you are not married, make sure to obtain Form I-751 for your spouse and include the supporting documentation with your petition. The supporting documentation is required if you: c.) Apply for an exception to USCIS I-797, otherwise the application will be returned to you, and you will have to begin the I-797 application from the beginning (with supporting documentation). d.) Cite a temporary hardship or illness. If you are a permanent resident in good standing, your sponsor will have to sign Form I-797(E). e.) Have been granted an I-797 by a US Embassy, Consulate, or Agency at an embassy outside the United States. f.) Have been granted an in-state I-797 through a waiver. g.

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