I-751 Approval for Vietnamese Client in Lansing Michigan with Waiver of Joint Filing Requirement due to the Death of Spouse

CASE: I-751 / Waiver of the Joint Waiver Requirement

APPLICANT: Vietnamese

LOCATION: Lansing, MI

Our client contacted our office in December 2017 regarding her potential I-751 filing. She got her conditional green card in March 2016 through her marriage to her U.S. citizen spouse. Her conditional residency terminated in March 2018.

To comply with immigration requirements, our client and her husband had to file an I-751 Joint Petition to Remove Conditions. She retained our office, and our office prepared an I-751 application for our client with other supplemental exhibits.

On January 28, 2018, our office filed an I-751 application to the USCIS with multiple affidavits from her friends and family members, joint bank statements, joint taxes, utility bills, insurance policies, and photos of our client and her husband to demonstrate the bona fideness of their marriage. Once the application was filed, the fingerprint notice was issued two weeks later.

Unfortunately, her husband suddenly passed away in December 2018. Thus, our client could not continuously pursue her I-751 joint petition with her late husband.  Nevertheless, our office filed I-751 conversion request to the USCIS based on April 3, 2009 Donald Neufeld Memo “I-751 Filed Prior to Termination of Marriage”. We filed the conversion request on December 26, 2018.

Eventually, the USCIS approved our client’s I-751 application on May 9, 2019 without any RFE or interview. Now, she has her ten-year green card.

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