CASE: I-751 / Waiver of the Joint Waiver Requirement
APPLICANT: Nigerian
LOCATION: Elyria, OH
Our client contacted our office in October of 2018 regarding his potential I-751 filing. He is from Nigeria and married a U.S. citizen in February 2017. Through his marriage with a U.S. citizen spouse, he obtained a 2-year conditional green card in October of 2017. Therefore, his conditional residency terminated in October 2019.
Unfortunately, during their marriage, our client and his ex-wife went through struggles. Therefore, they lived separately and their divorce was finalized in October 2018. Thus, our client could not file I-751 application jointly with his ex-wife. After the consultation, we advised that we can help him 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 October 31, 2018, our office filed the I-751 application with various supporting documents to demonstrate our client’s bona fide marriage with his ex-wife. Once the application was filed, the fingerprint notice was issued two weeks later. However, the USCIS issued the Request for Evidence (RFE) to demonstrate the bona fideness of our client’s marriage with his ex-wife. We filed an extensive Response to RFE to the USCIS with more bona fide marital documents on November 20, 2019.
Eventually, on January 8, 2020, the USCIS approved our request for the removal of conditions on his permanent resident status without even an interview. Now, he has his ten-year green card.