CASE: I-751 / Waiver of the Joint Waiver Requirement
APPLICANT: Filipina
LOCATION: Cleveland, OH
Our client contacted our office in April of 2017 regarding her potential I-751 filing. She is from the Philippines and she married a U.S. citizen in April 2015. Through her marriage with a U.S. citizen spouse, she obtained her 2-year conditional green card in November of 2016. Therefore, her conditional residency terminated in November 2018.
Unfortunately, during their marriage, our client and her ex-husband went through struggles. Our client could not file I-751 application jointly with her ex-husband. After the consultation, we advised that we can help her file the I-751 application with a waiver of the joint filing requirement while her divorce was pending. 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 April 20, 2017, our office filed the I-751 application with various supporting documents (over 10 exhibits and an affidavit over 4 pages) to demonstrate our client’s bona fide marriage with her ex-husband.
Nevertheless, on August 30, 2018, the USCIS issued Request for Evidence (RFE) and requested to submit a divorce decree and more bona fide marital evidence. Our office filed the Response to RFE on September 7, 2018 along with her divorce decree and more bona fide marital evidence with her ex-husband. Eventually, on September 27, 2018, the USCIS approved our request for the removal of conditions on her permanent resident status without even an interview. Now, she has her ten-year green card.