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Waiver of Joint Filing Requirement Due to Divorce, I-751 Approval for Argentinian Client in Columbus Ohio

by JP Sarmiento on April 24, 2014

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CASE: I-751 / Waiver of the Joint Waiver Requirement
APPLICANT: Argentinian
LOCATION: Columbus, OH

Our client contacted our office in late September of 2013 regarding his potential I-751 filing. He is from Argentina and was married to a U.S. citizen in March 2011.

Through this marriage, he obtained a 2-year conditional green card in October of 2011. Therefore, his conditional residency terminated in October 2013.

Unfortunately, during their marriage, our client and his ex-wife went through some struggles. They lived separately for a while and their divorce was finalized in October 2013. Our client could thus not file the I-751 application jointly with his ex-wife.

After consultation, we advised him that we can help him file the I-751 application with a waiver of the joint filing requirement. We requested a waiver because our client entered into the marriage in good faith, but the marriage was terminated through divorce or annulment before they can file a joint petition.

On October 28, 2013, our office filed the I-751 application with various supporting documents (over 10 exhibits and an affidavit over 2 pages) to demonstrate our client’s bona fide marriage with his ex-wife.  Eventually, on April 16, 2014, the USCIS approved our request for removal of conditions on his permanent resident status without even an interview. Now, he has her ten-year green card.

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