Understanding Form I-751: Part 3 – Basis for Petition

Edition Date: 12/02/19

Form I-751, officially known as the “Petition to Remove Conditions on Residence,” is a crucial step in the process of obtaining permanent residency status in the United States. This form is specifically designed for conditional residents who obtained their status through marriage to a U.S. citizen or lawful permanent resident. In this article, we will focus on Part 3: Basis for Petition, which is a pivotal section of the form.

Part 3 plays a significant role in determining whether you are eligible to have the conditions on your residence removed. This section requires you to provide essential information regarding your basis for the petition. It is essential to complete this part accurately and truthfully, as any inconsistencies or errors may lead to delays in your application process or, in some cases, even rejection.

The Importance of Part 3

Form I-751 is used by conditional residents to request the removal of the conditions on their status, typically within the 90-day period before their conditional residence expires. The conditions are initially placed on the residence to ensure that the marriage upon which the residency was granted was bona fide and not entered into solely for immigration purposes.

Part 3 of the form seeks to establish the nature of your relationship with the U.S. citizen or lawful permanent resident spouse or parent and the reasons for your request to have the conditions removed. Whether you are filing jointly with your spouse or requesting a waiver due to specific circumstances, Part 3 is where you provide the U.S. Citizenship and Immigration Services (USCIS) with crucial information about your situation.

Navigating Part 3

To assist you in understanding the significance of Part 3 and how to complete it correctly, we will present an example persona and guide you through the process based on the information provided on page 3 of Form I-751. This will help you grasp the key aspects of this section and ensure your application stands a good chance of approval.

A. Step-by-Step Guide on Completing Part 3

1. Joint Filing (1.a or 1.b)

If you are eligible for joint filing, you will select one of the following options in Part 3:

1.a. My Spouse: Choose this option if you are filing the I-751 form jointly with your U.S. citizen or lawful permanent resident spouse. You will need to provide your spouse’s information, including their full name, A-number (if applicable), and their signature.

1.b. My Parent’s Spouse: This option is for those who are unable to file a joint petition with their spouse due to specific reasons. If you select this option, you must provide details regarding your parent’s spouse, who is a U.S. citizen or lawful permanent resident. This is typically applicable when you are filing with your parent because you cannot be included in your parent and their spouse’s joint petition.

2. Waiver or Individual Filing Request (1.c to 1.g)

If you are unable to file jointly with your spouse or your parent’s spouse, you will need to select one or more of the following options, explaining the reasons for your waiver or individual filing request:

1.c. My Spouse is Deceased: Select this if your spouse has passed away, and you are filing Form I-751 as a surviving spouse. You should include a copy of the death certificate.

1.d. My Marriage Ended Through Divorce or Annulment: If your marriage was entered into in good faith but later ended through divorce or annulment, select this option. Provide details about the divorce or annulment, including dates and court information.

1.e. Battered or Subject to Extreme Cruelty: Choose this option if you entered the marriage in good faith but during the marriage, you were subjected to extreme cruelty by your U.S. citizen or lawful permanent resident spouse. Provide a detailed explanation of the circumstances.

1.f. Parent’s Spouse Battered or Subject to Extreme Cruelty: If you are the conditional resident child of a parent who entered into a marriage in good faith but was subjected to extreme cruelty by their U.S. citizen or lawful permanent resident spouse, select this option. You should provide information about the abuse or cruelty your parent experienced.

1.g. Extreme Hardship: Select this option if the termination of your status and removal from the United States would result in extreme hardship. You must provide a detailed explanation of the hardship circumstances.

B. Supporting Documentation

In Part 3 of Form I-751, you may be required to provide supporting documentation depending on your selected option. It’s essential to include any relevant evidence that substantiates your claims. This may include:

• Marriage certificates, divorce decrees, or annulment documents
• Death certificates, if applicable
• Proof of abuse or cruelty, such as police reports, medical records, or affidavits from counselors
• Documentation demonstrating extreme hardship, such as medical records, letters of support, or financial records

Example Persona

A. Meet Rahul from India

To provide a practical understanding of how to complete Part 3 of Form I-751, we introduce Rahul, a fictional persona from India who has been residing in the United States as a conditional resident. Rahul’s conditional residence is based on his marriage to a U.S. citizen, Sarah.

B. Rahul’s Specific Circumstances

Rahul came to the United States on a fiancé visa and married Sarah shortly after his arrival. Their marriage was a genuine and loving union. However, like many other couples, they faced significant challenges along the way.

After two years of conditional residence, Rahul and Sarah decided to file Form I-751 to remove the conditions on his status and achieve permanent residency. But life had taken a different turn for them. Rahul had experienced extreme cruelty at the hands of his U.S. citizen spouse, Sarah, during the course of their marriage. This cruel treatment, although deeply painful for Rahul, made him eligible to file for a waiver and request individual consideration in the removal of conditions.

C. Rahul’s Checkbox: Waiver or Individual Filing Request (1.e)

Given Rahul’s situation, he opted for the checkbox 1.e on the form, which indicates that he entered the marriage in good faith and was subjected to extreme cruelty by his U.S. citizen spouse. Rahul’s choice of this checkbox allows him to provide a detailed explanation of the cruelty he endured and request the waiver to remove the conditions without Sarah’s participation.

Additional Resources

A. Edition Date and Page Numbers

Before you start filling out Form I-751, it’s crucial to ensure that you’re using the correct edition. The edition date is mentioned at the bottom of the page on the form and in the accompanying instructions. As of the last available information, the edition date is 12/02/19. Please note that USCIS may release updated versions of the form, but you can continue to use the 12/02/19 edition until a new version is published.

B. Consequences of Using an Outdated Edition

Using an outdated edition of Form I-751 can result in complications. USCIS may reject your form if any pages are missing or if you’re using a different form edition. Therefore, it’s crucial to stay informed about the latest updates and ensure that you have the correct form edition to avoid unnecessary delays or issues in your immigration process.