CASE: I-751 / Waiver of the Joint Waiver Requirement
APPLICANT: Chinese
LOCATION: San Diego, CA
Our client contacted our office in early December of 2012 regarding her potential I-751 filing. She came to the United States from China in October 2010, after she married a U.S. Citizen (her ex-husband).
Through her marriage, she was able to obtain a 2-year conditional green card in March of 2011. Thus, her conditional residency terminated in March 2013.
Unfortunately, their marriage ended in December 2012. 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.
Once retained, 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 December 19, 2012, our office filed the I-751 application with various supporting documents (over 24 exhibits and an affidavit over 5 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 July 15, 2013, 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 September 19, 2013.
In January 2014, the USCIS scheduled an I-751 interview for our client.
Prior to the interview, our office thoroughly prepared our client via conference call and informed them of potential issues at the interview.
On January 28, 2014, our client was interviewed for her I-751 application at the USCIS Chula Vista, CA 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 June 24, 2014. Now, she has her ten-year green card.