CASE: I-751 / Waiver of the Joint Waiver Requirement
APPLICANT: Ukrainian
LOCATION: Cleveland, Ohio
Our client contacted our office in early December of 2013 regarding her potential I-751 filing. She came to the United States as a J-1 exchange visitor from Ukraine and she married a U.S. citizen (her ex-husband) in November 2011.
Through her marriage, she was able to obtain a 2-year conditional green card in August of 2012. Thus, her conditional residency purportedly expires in August 2014.
Unfortunately, their marriage ended in January 2014. Our client experienced a lot of difficulties during her marriage with her ex-husband. Thus, our client could not file the I-751 application jointly with her ex-husband.
Our client had compelling reasons for getting separated and eventually divorced. 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. We focused on the supporting documents that she can show and helped her draft an extensive affidavit about their marriage, and why it ended the way it did.
On March 26, 2014, our office filed the I-751 application with various supporting documents (over 15 exhibits and an affidavit over 6 pages) to demonstrate our client’s bona fide marriage with her ex-husband. We also attached numerous notarized affidavits from our client’s friends.
However, on June 23, 2014, the USCIS issued a Request for Evidence (RFEs) to demonstrate the bona fideness of our client’s marriage with her ex-husband. We filed an extensive Response to RFE to the USCIS with more bona fide marital documents on August 13, 2014.
In September 2014, the USCIS scheduled an I-751 interview for our client.
Prior to the interview, our office thoroughly prepared our client at our office and informed her of potential issues at the interview.
On October 16, 2014, our client was interviewed for her I-751 application at the USCIS Cleveland, OH Field Office. Attorney Glen Sung Hee Yu from our office accompanied our client. The interview was very extensive. Nevertheless, the USCIS approved our client’s I-751 application on October 30, 2014. Now, she has her ten-year green card.