Updated November 7, 2026

I-751 Evidence List: What to Send and How to Write the Affidavits

To remove conditions on your green card with Form I-751, you must send USCIS copies of the front and back of your Permanent Resident Card along with documents covering the entire time from your wedding date to the present that prove you entered your marriage in good faith.

The Form I-751 instructions (04/01/24 edition) list birth certificates of children born to the marriage, joint leases or mortgages, joint financial records like bank accounts with transaction history and tax returns, and original sworn affidavits from at least two people who have known both of you since your conditional residence was granted. Properly filing your petition extends your conditional green card and work authorization for 48 months while USCIS reviews your file.

What is the purpose of Form I-751 evidence?

When you obtained permanent residence based on a marriage that was less than 2 years old, USCIS granted you conditional permanent resident status for 2 years. To remove those conditions using Form I-751 (04/01/24 edition), you must show that your marriage was bona fide, meaning you entered it in good faith and not to evade US immigration laws.

The USCIS Policy Manual defines a bona fide marriage by four rules: it was legal where it took place, it has not been annulled or ended (other than by the death of a spouse, unless you file for a waiver), it was not entered into to get immigration status, and no fee or other consideration was paid to anyone (other than lawful fees to an attorney or representative) to file the underlying immigrant or fiance visa petition.

Three filing rules from the Form I-751 instructions apply to every packet you put together:

• Cover the whole timeline: Your documents must show the circumstances of your relationship from the date of your marriage to the present date, and any circumstances surrounding the end of the relationship if it has ended.
• Send photocopies unless told otherwise: Submit legible photocopies of requested documents unless the instructions specifically ask for an original document, such as third-party affidavits and certain criminal records. If USCIS requests an original later, they return it when they no longer need it.
• Translate foreign documents: Any document with information in a foreign language must include a full English translation. The translator must sign a certification stating that the translation is complete and accurate and that they are competent to translate from that language into English, along with their signature, printed name, signature date, and contact information.

What is on the I-751 evidence checklist for joint filers?

If you are still married to the same US citizen or lawful permanent resident spouse, you file Form I-751 jointly during the 90-day window right before your conditional green card expires. Filing before the 90-day window opens can result in a rejection.

If your dependent children got conditional resident status on the same day as you or within 90 days after, you can include their names and A-Numbers in Part 5 of your Form I-751. If they got status more than 90 days after you, or if the conditional resident parent is deceased, each child must file a separate Form I-751.

The Form I-751 instructions tell you to submit copies of as many documents as you can from these categories to prove a good faith marriage:

• Permanent Resident Cards: Front and back copies of your Permanent Resident Card (or alien registration card) and the front and back of the cards of any conditional resident children included on your petition.
• Children born to the marriage: Birth certificates of any children born during the time of your marriage.
• Shared home: Lease or mortgage contracts showing joint occupancy and/or joint ownership of your communal residence.
• Joint bank accounts: Joint savings and checking account statements that show transaction history, not just a summary page.
• Tax returns: Complete joint Federal and State tax returns.
• Insurance policies: Life, health, auto, or home policies that show the other spouse as the beneficiary.
• Shared bills and loans: Joint utility bills and joint installment or other loans showing joint responsibility for liabilities.
• Other relevant proof: Any other documents you consider relevant to show your marriage was not entered into to evade US immigration laws.
• Third-party affidavits: Original affidavits sworn to or affirmed by at least two people who have known both of you since your conditional residence was granted and have personal knowledge of your marriage.

Form I-751 required evidence and filing rules by category (from Form I-751 Instructions and USCIS Policy Manual Volume 6, Part I)

How do you write an I-751 affidavit? (Requirements and sample structure)

Affidavits are written statements from people who know you and your spouse as a married couple. Under the Form I-751 instructions, affidavits must be sworn to or affirmed by at least two people who have known both of you since your conditional residence was granted and have personal knowledge of your marriage and relationship.

Three strict rules apply to I-751 affidavits. First, you must mail the original signed affidavit, not a photocopy. Second, affidavits cannot stand alone and must be supported by other documentary evidence from the list above. Third, the instructions warn that people who write affidavits may be required to testify before an immigration officer about the information in their letter, and federal regulations at 8 CFR 216.4(a)(4) state that if you submit third-party affidavits, you must arrange for the affiants to be present at the interview at no expense to the government.

Every I-751 affidavit must contain these five items required by the USCIS form instructions:

• The affiant's full name and current address.
• The affiant's date and place of birth.
• The affiant's relationship to you or your spouse, if any.
• Full information and complete details explaining how the person acquired their personal knowledge of your marriage and relationship since your conditional residence was granted.
• The affiant's original signature swearing to or affirming the statement.

Sample I-751 affidavit structure from our team

USCIS does not publish a fill-in form for the affidavit, only the mandatory items it must include. Below is a structural outline written by our team that puts every item required by the Form I-751 instructions in order so your friends or family members know how to organize their letter. The names and details in brackets are invented.

Heading: Title the page "Sworn Affidavit in Support of Form I-751 for [Petitioner's Full Name] and [Spouse's Full Name]."

Paragraph 1 (Required affiant identity): "My full name is [Affiant's Full Legal Name]. I currently reside at [Full Street Address, City, State, ZIP Code]. I was born on [Month Day, Year] in [City, State/Country of Birth]. My daytime phone number is [Phone Number]."

Paragraph 2 (Required relationship to the couple): "I am the [state relationship, e.g., older sister of Spouse / college friend and neighbor of Petitioner]. I have known [Petitioner's Name] since [Month, Year] and [Spouse's Name] since [Month, Year], including throughout the period since [Petitioner's Name] was granted conditional permanent resident status on [Date CPR Status Granted]."

Paragraph 3 (Required details on how knowledge was acquired): Instead of a vague sentence saying the couple is happy, the affiant should write 3 to 5 specific memories with dates and places showing how they know the marriage is real. For example: "I spend time with [Petitioner] and [Spouse] at least [how often, e.g., twice a month] at their apartment on [Street Name]. In [Month, Year], I helped them move into their shared home, and in [Month, Year], we traveled together to [City] for Thanksgiving, where we stayed with [Spouse's] parents. When [Petitioner] had surgery in [Month, Year], I visited their home and saw [Spouse] taking care of [Petitioner] and handling the household bills."

Closing affirmation and original signature: Have the writer close by swearing or affirming that the contents of the affidavit are true and correct to the best of their personal knowledge, followed by their original ink signature and the date signed.

What changes if you file an I-751 waiver or file alone?

If you cannot file jointly with your petitioning spouse, you can file Form I-751 on your own at any time after you receive conditional status and before a final order of removal is issued. You do not have to wait for the 90-day window, and you can select all waiver bases that apply on the same form.

Here is how your evidence list changes for each individual or waiver category, and you can read more about how officers handle waiver appointments in our I-751 divorce waiver interview guide:

• Death of your petitioning spouse (Individual filing request): Under the USCIS Policy Manual, if your spouse dies after you get conditional status, your petition is an individual filing request rather than a waiver. Submit a copy of your spouse's death certificate and evidence that your marriage was entered into in good faith from the date of marriage up to the date of death. If your spouse dies while a joint Form I-751 is already pending, notify USCIS in writing with the death certificate and USCIS will amend your existing petition without a new form.
• Divorce or annulment waiver: Submit a copy of the final divorce decree or annulment document, evidence of the circumstances surrounding the end of the relationship, and evidence that you entered the marriage in good faith. Under 8 CFR 216.5(e)(2), USCIS weighs how much you combined financial assets and liabilities, how long you lived together after marriage and after getting conditional status, whether children were born to the marriage, and other relevant proof. The USCIS Policy Manual notes that "not at fault" in the law does not mean fault for the breakup, so it does not matter who initiated the divorce.
• Separated or pending divorce: You cannot qualify for a divorce waiver based on separation alone. If you file a divorce waiver while separated or in pending divorce proceedings, USCIS issues a Request for Evidence (RFE) asking for the final divorce decree. If you filed a joint petition while separated or in divorce proceedings, USCIS cannot deny the joint petition solely because you are separated, and will issue an RFE asking for the final decree and a written statement if you want to convert the joint petition into a divorce waiver without refiling.
• Battery or extreme cruelty waiver: Submit evidence of the good-faith marriage and evidence of the abuse, such as reports or records from police, courts, medical personnel, school officials, clergy, counselors, or social workers, protection orders, proof you stayed at a shelter, or photographs of injuries, plus your divorce decree if your marriage ended due to abuse. By statute, USCIS applies the "any credible evidence" standard because an abusive spouse may control documents, and the USCIS Policy Manual confirms you are not required to submit an evaluation from a mental health professional. Under 8 U.S.C. 1367, USCIS protects your confidentiality, sets up a safe address, and cannot rely solely on tips from the abuser or the abuser's family to deny your case.
• Extreme hardship waiver: Unlike every other I-751 category, the USCIS Policy Manual confirms you do not need to submit evidence that your marriage was entered into in good faith for an extreme hardship waiver. Instead, submit evidence that your removal would result in hardship significantly greater than what other removed individuals face, based only on factors that arose during the 2-year conditional residence period (or arose before and continued into that 2-year period).

How does USCIS use your evidence to waive or hold an interview?

The legal standard of proof for Form I-751 is a preponderance of the evidence. Under the USCIS Policy Manual (Volume 6, Part I, Chapter 3), an officer adjudicates your petition using your form, your supporting documents, agency records, and interview testimony if an interview is held.

Under the USCIS Policy Manual, officers may waive the in-person interview for joint, individual, or waiver filings when all five of these conditions are met:

• The officer can make a decision based on the record because it contains sufficient evidence of the bona fides of the marriage.
• There is sufficient evidence in the record of your eligibility for a waiver of the joint filing requirement, if you applied for one.
• There is no indication of fraud or misrepresentation on the Form I-751, in the supporting evidence, or elsewhere in the record.
• There are no complex facts or issues that require an interview or sworn statement to resolve.
• There are no criminal bars that make you removable.

What happens if USCIS calls you for an I-751 interview?

If your initial packet does not establish eligibility by a preponderance of the evidence, or if the record contains derogatory information or suspected marriage fraud, USCIS will issue an RFE or a Notice of Intent to Deny (NOID), schedule an in-person I-751 interview, or both. At the interview or in response to an RFE or NOID, USCIS gives you the opportunity to rebut any derogatory information in the record.

For a joint petition, federal law requires both you and your petitioning spouse to appear at the interview. For an individual filing (deceased spouse) or any waiver request, only you (the conditional resident) must appear. If a required person fails to appear without establishing good cause in writing, USCIS denies the petition, terminates conditional resident status, and issues a Notice to Appear for removal proceedings. Before you go, review our checklist of what to bring to a green card interview so your originals match your filed copies.

At the interview, the officer checks your spoken answers against the residences, employers, financial statements, and affidavits in your I-751 packet. Be ready to explain these four core areas directly from your submitted evidence:

1. Your shared addresses and living timeline. Your form and lease or mortgage records must list every actual residence you and your spouse have lived at since you became a conditional resident. If any document shows a different address, have the dates and supporting records ready.

2. Your employment and tax records. Your petition requires your and your spouse's employers and places of employment since you obtained status. The officer checks that those match your complete joint Federal and State tax returns.

3. How you pay bills and use joint accounts. If you submitted joint checking or savings statements, the officer looks at the transaction history to see whether both spouses actually use the account for daily expenses, rent, utilities, and loans.

4. The timeline and end of the marriage (for waiver filers). If you filed a divorce or abuse waiver, the officer asks about your intentions when you married, how long you lived together after getting your conditional card, and the circumstances surrounding the end of the relationship.

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How to organize your I-751 evidence packet before you file

Our team put together this six-step assembly plan based on the Form I-751 instructions so an officer can verify your eligibility quickly and consider your file for an interview waiver:

• Check every page of your Form I-751: Make sure the 04/01/24 edition date and page numbers are visible at the bottom of every page, and that every page comes from the same edition. Sign Part 7 (and have your spouse sign Part 8 for a joint filing) in handwritten ink. USCIS rejects unsigned forms or forms with typed or stamped names in place of signatures.
• Clip Form G-1145 on top (for paper filings): If you mail a paper packet instead of filing online through your USCIS account, complete Form G-1145 (E-Notification of Application/Petition Acceptance) and clip it to the first page so you get a text or email when the lockbox accepts your packet.
• Put mandatory identity documents first: Place clear front-and-back photocopies of your Permanent Resident Card and any included children's Permanent Resident Cards right behind the form.
• Group relationship evidence by category in chronological order: Organize your documents into clear groups (children's birth certificates, leases and mortgages, joint tax returns, joint bank accounts with transaction histories, insurance beneficiary policies, joint utilities and loans) spanning from your marriage date to the present.
• Place original third-party affidavits together: Include at least two original signed affidavits that contain all five required affiant facts (full name and address, date and place of birth, relationship, and detailed explanation of how they know your marriage).
• Keep a complete copy for your interview and biometric appointment: The Form I-751 instructions recommend reviewing your copy of the completed petition before attending your Application Support Center biometrics appointment, because you must sign an oath under penalty of perjury confirming that you reviewed and understood everything submitted with your petition and that it was complete, true, and correct at the time of filing.

Visaful is an AI mock interview app for US visa interviews: an AI officer asks your visa's questions out loud and shows what to fix.

This is interview practice, not legal advice. For questions about your own case, talk to an immigration attorney. Visaful is not affiliated with U.S. Citizenship and Immigration Services (USCIS), the U.S. Department of State, U.S. Customs and Border Protection (CBP) or any government agency.