Removing Conditions on a Marriage Green Card: Why USCIS Is Issuing More Requests for Evidence

In 2025, USCIS is issuing a record number of Requests for Evidence (RFEs) for conditional green card holders seeking to remove conditions with Form I-751. Couples must be prepared to prove the ongoing legitimacy of their marriage or risk denial and possible removal proceedings.

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What Is a Conditional Green Card?

When a marriage is less than two years old at the time of approval, the foreign spouse receives a conditional permanent resident card valid for two years. This system was designed to deter fraudulent marriages.

To maintain permanent resident status, couples must file Form I-751 (Petition to Remove Conditions on Residence) within the 90 days before the conditional card expires.

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Why USCIS Is Scrutinizing I-751 Filings More Closely

In recent years, USCIS has made it clear that removing conditions is not a rubber-stamp process. Officers are carefully reviewing each petition, looking for proof that the marriage remains genuine.

Key reasons for increased RFEs:

• Higher levels of suspected marriage fraud.

• More stringent internal review policies.

• Officers expecting more documentation than in the past.

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The Risk of Missing the Filing Window

Filing too early or too late can cause severe problems. USCIS only accepts Form I-751 within the 90-day window before expiration. Filing late without a valid excuse may lead to:

• Automatic termination of permanent resident status.

• Referral to removal proceedings.

• Denial of future immigration benefits.

Missing this deadline can be devastating.

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What Evidence Is Required for I-751 Approval

USCIS looks for proof that the marriage is ongoing and legitimate. Strong evidence includes:

• Joint financial documents (bank accounts, credit cards, insurance policies, taxes).

• Shared housing records (leases, mortgages, utility bills).

• Birth certificates of children born into the marriage.

• Travel records showing joint trips.

• Photos with friends and family across different time periods.

• Affidavits from people who know the couple.

The more diverse and consistent your evidence, the stronger your case.

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RFEs and How to Respond

An RFE (Request for Evidence) is not a denial, but it is a warning. USCIS issues an RFE when the initial submission lacks sufficient proof.

• Respond fully and quickly. USCIS sets strict deadlines for responding.

• Include all missing evidence plus any additional documentation to strengthen the case.

• Do not ignore the RFE. Failure to respond results in automatic denial.

An RFE is your last chance to prove your marriage before denial.

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Divorce, Separation, or Abuse Cases

Not all marriages last. If the relationship ends before the I-751 is filed, the foreign spouse may still apply under specific waivers:

• Divorce waiver: Must prove the marriage was entered in good faith, even if it ended.

• Abuse waiver: Available to survivors of domestic violence under VAWA provisions.

• Extreme hardship waiver: Used in rare cases of unusual difficulty if removed from the U.S.

These cases are heavily scrutinized, and legal representation is especially important.

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Processing Times and Delays in 2025

I-751 petitions are among the longest cases at USCIS. Processing can take 18–24 months or longer. During this time, USCIS issues receipt notices and extension letters, which serve as proof of valid status.

Applicants should carry their extension notice and expired card together for work, travel, and ID purposes.

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How Interviews Fit into the Process

While not every I-751 case requires an interview, more couples are being called in 2025. At interviews, officers may question both spouses about daily life, finances, and relationship history.

If inconsistencies arise, USCIS may deny the case and refer it to immigration court.

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Common Mistakes That Lead to Denials

• Filing outside the 90-day window.

• Submitting minimal or outdated evidence.

• Assuming a joint tax return alone will be enough.

• Ignoring an RFE or missing the deadline to respond.

Even small mistakes can cost you permanent resident status.

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Conclusion

Conditional green card holders cannot afford to treat Form I-751 as a formality. With USCIS issuing more RFEs than ever in 2025, preparation and evidence are the keys to success. Couples must build a strong case from the start and respond swiftly to any USCIS requests.

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FAQs (Quick Answers)

When should I file Form I-751?Within the 90 days before your conditional green card expires.

What happens if I file late? Your permanent resident status may be terminated, and you could be placed in removal proceedings.

Do all couples have to attend an I-751 interview? Not always, but more couples are being called in 2025 than in previous years.

Can I still apply if I am divorced? Yes, with a divorce waiver—but you must prove the marriage was genuine.

What if USCIS sends me an RFE? Respond quickly with strong evidence. An incomplete or late response leads to denial.

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If your conditional green card is expiring soon, preparation is critical. Do not risk losing status because of an incomplete I-751 filing or a missed deadline. Our office helps couples and individuals prepare strong evidence, respond to RFEs, and fight denials when necessary.

📞 Call us at +1 561.600.1166, schedule a consultation at calendly.com/imm-law, or message us on WhatsApp at https://wa.link/2liwjz to protect your permanent resident status.