CASE: I-751 / Waiver of the Joint Waiver Requirement
APPLICANT: Indian
LOCATION: Cleveland, OH
Our client contacted our office in early April of 2014 regarding his pending I-751 filing. He came to the United States from India and he married a U.S. Citizen (her ex-wife) in November 2010.
Through his marriage, he was able to obtain a 2-year conditional green card in May of 2011. Thus, his conditional residency terminated in May 2013.
Before his 2 year green card expired, our client filed an I-751 application with his ex-wife in 2013. However, while the I-751 application was pending, their marriage started to fall apart. Our client experienced a lot of difficulties in his marital life with his ex-wife. Unfortunately, their marriage ended in September 2014. Thus, our client’s jointly filed application was denied by the USCIS.
He retained our office in September 2014 to file an I-751 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. We focused on the supporting documents that he can show and helped him draft an extensive affidavit about their marriage, and why it ended the way it did.
On September 30, 2014, our office filed the I-751 application with various supporting documents (over 16 exhibits and an affidavit over 3 pages) to demonstrate our client’s bona fide marriage with his ex-wife.
In December 2014, the USCIS scheduled an I-751 interview for our client. Prior to the interview, our office thoroughly prepared our client at our office and informed him of potential issues at the interview.
On January 8, 2015, our client was interviewed for his I-751 application at the USCIS Cleveland, OH Field Office. Attorney Sung Hee (Glen) Yu from our office accompanied our client. The interview was very extensive. Nevertheless, the USCIS approved our client’s I-751 application. Now, he has his ten-year green card.