Q: My i751 was never filed and I am now a TR. What do I need to do to resolve my immigration status now?
A: The I-751 must be filed jointly by the conditional resident and the spouse through whom residence was acquired no more than 90 days prior to the card’s expiration date. There are some exceptions to this. If the marriage ended due to divorce, death, or if there is DV, then the 2-year requirement is waived and the I-751 can be filed at any time prior to the conditional resident’s placement in removal proceedings. If the couple is still married and DV is not an issue, then the couple needs to show that their failure to file the I-751 was due to circumstances beyond their control.
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