CASE: I-751 / Waiver of the Joint Waiver Requirement
Our client contacted our office in early September of 2014 regarding her potential I-751 filing. She came to the United States from India and she married a U.S. Citizen (her ex-husband) in July 2013.
Through her marriage, she was able to obtain a 2-year conditional green card in March of 2014. Thus, her conditional residency terminated in March 2016.
Unfortunately, their marriage ended in October 2014. Our client experienced a lot of difficulties during her marriage with her ex-husband. Thus, our client could not file the I-751 application jointly with her ex-husband.
Once retained, 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. We focused on the supporting documents that she can show and helped her draft an extensive affidavit about their marriage, and why it ended the way it did.
On October 15, 2014, our office filed the I-751 application with various supporting documents (over 26 exhibits and an affidavit over 7 pages) to demonstrate our client’s bona fide marriage with her ex-husband.
In October 2016, 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 them of potential issues at the interview.
On October 13, 2016, our client was interviewed for her I-751 application at the USCIS Cleveland, OH Field Office. Attorney JP Sarmiento from our office accompanied our client. The interview was very extensive. Nevertheless, the USCIS approved our client’s I-751 application on November 9, 2016. Now, she has her ten-year green card.