Q: Are there income requirements for the I-751 Petition in Florida?
My fiancée arrived in the U.S. on a K-1 visa in July 2023, and we married within 90 days. She received her conditional Green Card in May 2024. When it comes time to file the I-751 Petition to Remove Conditions on her Green Card, are there any income requirements that we need to meet?
A:
No, as part of the I-751 petition you are not required to file a new I-864, affidavit of support, so there are no income requirements to be met. The purpose of the I-751 is to ascertain if you remain in a good faith marriage with your spouse and you will be required to submit proof of the continued legitimacy of the marriage over the two-year conditional residency period. Examples of the types of documentation USCIS requests includes:
• Documentation showing joint ownership of property
• Lease showing joint tenancy of a common residence
• Documentation showing commingling of financial resources
• Birth certificates of child(ren) born to the marriage
• Affidavits of third parties having knowledge of the bona fides of the marital relationship
• Other documentation establishing that the marriage was not entered into in order to evade the immigration laws of the United States.
A:
The I-751 Petition to Remove Conditions on Residence doesn't have specific income requirements like those found in the initial application process. When you and your wife initially applied for her conditional green card, you likely submitted an Affidavit of Support (Form I-864) to demonstrate financial capability, but this isn't required again for the I-751 petition.
Instead, the I-751 focuses on proving that you entered into a genuine marriage, not one solely for immigration benefits. You'll need to provide evidence that you've built a life together since marriage - things like joint bank accounts, shared lease or mortgage documents, photos together at various events, and possibly affidavits from friends and family who can attest to the authenticity of your relationship.
While there's no income threshold to meet, you should still include current financial documentation as part of your evidence package. This helps demonstrate that you're sharing financial responsibilities, which is a strong indicator of a bona fide marriage. Remember to file the I-751 petition during the 90-day period before your wife's conditional green card expires to maintain her legal status in the United States.
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