CASE: I-751 / Waiver of the Joint Waiver Requirement
APPLICANT: Ukrainian
LOCATION: Mayfield Heights, OH
Our client contacted our office in late December 2018 regarding her potential I-751 filing. She is from Ukraine and she married a U.S. citizen in February 2018. Through her marriage with a U.S. citizen spouse, she obtained a 2-year conditional green card in June of 2018. Therefore, her conditional residency terminated in June 2020.
Unfortunately, during their marriage, our client and her ex-husband went through struggles. They lived separately for a while and their divorce was finalized in December 2018. Thus, our client could not file the I-751 application jointly with her ex-husband. After consultation, we advised that we can help her file the I-751 application with a waiver of the joint filing requirement. 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 January 9, 2019, our office filed the I-751 application with various supporting documents to demonstrate our client’s bona fide marriage with her ex-husband.
In October 2020, the USCIS issued a Request for Evidence (RFE) for our client and requested to that she submit more bona fide marital evidence with her ex-husband. Our office prepared and filed the Response to RFE on November 10, 2020.
In September 2021, the USCIS scheduled an I-751 interview for our client. Prior to the interview, our office thoroughly prepared our client in or office for potential issues at the interview. On November 18, 2021, our client was interviewed for her I-751 application at the USCIS Cleveland, OH Field Office. Attorney Sung Hee (Glen) Yu from our office accompanied our client. The interview was very extensive and the officer questioned her a lot on the nature of her marriage with her ex-husband. Nevertheless, the USCIS approved her I-751 application on November 18, 2021. Now, she has her ten-year green card.