CASE: I-751 / Waiver of the Joint Waiver Requirement
APPLICANT: Filipina
LOCATION: Anaheim, CA
Our client contacted our office in July of 2021 regarding her I-751 application. She is from the Philippines and married a U.S. citizen in June 2018. Through her marriage with a U.S. citizen spouse, she obtained a 2-year conditional green card in October 2019. Therefore, her conditional residency was terminated in October 2021.
Unfortunately, during their marriage, our client and her ex-spouse went through struggles. They started to live separately and their divorce proceeding was initiated. Thus, our client could not proceed with the I-751 joint filing with her ex-spouse. After the consultation, we advised that we could help her file the I-751 application with a waiver of the common filing requirement. We requested a release because our client entered the marriage in good faith, but the marriage was terminated through divorce or annulment before they could file a joint petition.
On August 3, 2021, our office filed the I-751 application with supporting documents to demonstrate our client’s marriage with her ex-spouse. However, on September 27, 2022, the USCIS issued a Request for Evidence (RFE) and asked our client to submit more bona fide marital evidence and finalized divorce decree. Our office filed the Response to RFE on November 17, 2022.
In July 2023, the USCIS scheduled an I-751 interview for our client. Prior to the interview, our office prepared our client via conference calls regarding potential issues at the interview. On August 7, 2023, our client was interviewed for her I-751 application at the USCIS Santa Ana, CA Field Office. The interview was very extensive and the officer questioned the nature of her marriage with her ex-spouse. The USCIS approved her I-751 application on August 8, 2023. Now, she has her ten-year green card.