A conditional resident child can be included in the parent’s I-751 petition if they received their green card on the same day as the parent or within 90 days after. In this scenario, no additional fees are required, and both will receive separate receipts. If the child’s green card was approved more than 90 days after the parent’s, they file I-751 independently.

When a child is included with the parent

A conditional resident parent must list all their children in Part Five of the I-751 form, including stepchildren and stepsons, regardless of their status. They must also indicate whether the child is filing a petition with them.

A child can be included in the parent’s petition only if their green card was approved on the same day as the parent’s or within 90 days after. In this case, the parent pays $700 for online filing or $750 for mail filing — this is the only fee for both.

Outdated sources sometimes mention a separate biometrics fee for the child. In practice, this fee is no longer required: biometric services are included in USCIS fees. Both should receive two separate receipt notices — one in the parent’s name, one in the child’s name.

Joint filing during an active marriage

If a conditional resident parent is still married to the U.S. citizen through whom they obtained their status, they and the child file a single I-751 form within 90 days before the parent’s green card expires.

This rule applies even if the child turns 21 by the time of filing. After reaching adulthood, they do not lose the right to file with the parent as long as the green card was obtained within the specified timeframe and the child remains unmarried.

This scenario also applies to K2 derivatives — derivatives of a U.S. fiancé or fiancée. If the K2 child entered the U.S. before turning 21, they could have been included in the parent’s I-485 during status adjustment. Even if they are now 22 or 23 years old, they can file through the parent’s I-751 while remaining unmarried.

When a child has a separate I-130 petition

If a separate I-130 petition was filed for the child — for example, they are a stepchild or adopted child of a U.S. citizen — but the green card was obtained on the same day or within 90 days after the parent’s green card, both still file a single I-751 form. A separate petition does not change the conditional status removal procedure.

Filing by a parent without a spouse

A conditional resident can file I-751 alone at any time before the deadline expires, without waiting for the 90-day window. This may be necessary in case of divorce, abuse, or spouse’s absence.

If a child received their green card on the same day as such a parent or within 90 days after, they can be included in the parent’s solo petition. In this scenario, both move to Part Two of the I-751 form and select the basis — death of spouse, divorce, abuse, or other reason for lack of marriage.

When a child files I-751 separately

If the child’s green card was approved more than 90 days after the parent’s, they must file their own I-751 form. In this case, the child can file a petition at any time without waiting for their conditional status to expire.

On the I-751 form, they must select the correct category for the conditions. If the child is filing with the parent and both live with the spouse through whom the green card was obtained, they mark box 1A. If the child is filing alone because more than 90 days passed between their approval and the parent’s approval, they select box 1B.

If the parent filed I-751 without a spouse, the child selects the same basis as the parent: death of spouse (if applicable), divorce, abuse, or other circumstances.