CASE: I-751 / Waiver of the Joint Waiver Requirement
APPLICANT: Filipina
LOCATION: St. Petersburg, FL
Our client contacted our office in June of 2018 regarding her I-751 application. She is from the Philippines and she married a U.S. citizen in November 2016. Through her marriage with a U.S. citizen spouse, she obtained her 2-year conditional green card in February of 2018. Therefore, her conditional residency terminated in February 2020.
Unfortunately, during their marriage, our client and her ex-husband went through struggles. They started living separately and their divorce proceedings were initiated. Thus, our client could not proceed with an I-751 joint filing with her ex-husband. We advised that we can help her file an 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 July 16, 2018, our office filed the I-751 application with various supporting documents (numerous exhibits and an affidavit over 3 pages) to demonstrate our client’s bona fide marriage with her ex-husband.
In July 2020, the USCIS issued a Request for Evidence (RFE) for our client and requested her to submit a finalized divorce decree and more bona fide marital evidence with her ex-husband. Our office prepared and filed the Response to RFE on September 4, 2020. Eventually, the USCIS approved her I-751 application on December 14, 2020. Now, she has her ten-year green card.