CASE: I-751 / Waiver of the Joint Waiver Requirement
LOCATION: Cleveland, Ohio
Our client contacted our office in early February of 2013 regarding her potential I-751 filing. She came to the United States as an F-1 student from Russia and she married a U.S. citizen (her ex-husband) in December 2010.
Through her marriage, she was able to obtain a 2-year conditional green card in July of 2011. Thus, her conditional residency terminated in July 2013.
Unfortunately, their marriage ended in February 2012. 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.
Our client’s case was tough because they got separated a few months after she got the green card. However, she had compelling reasons for getting separated and eventually divorced. 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 March 19, 2013, our office filed the I-751 application with various supporting documents (over 18 exhibits and an affidavit over 5 pages) to demonstrate our client’s bona fide marriage with her ex-husband. We also attached numerous notarized affidavits from our client’s friends.
However, on July 29, 2013, the USCIS issued a Request for Evidence (RFEs) to demonstrate the bona fideness of our client’s marriage with her ex-husband. We filed an extensive Response to RFE to the USCIS with more bona fide marital documents on September 30, 2013.
In October 2013, 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 November 14, 2013, our client was interviewed for her I-751 application at the USCIS Cleveland, OH Field Office. Attorney Glen Sung Hee Yu from our office accompanied our client. The interview was very extensive. Nevertheless, the USCIS approved our client’s I-751 application on April 10, 2014. Now, she has her ten-year green card.