Divorced-Based I-751 Waiver Petition to Remove Conditions on Residence GRANTED IN 3 MONTHS– Client Received Green Card (March 2019)

Success Story: Divorced-Based I-751 Waiver Petition to Remove Conditions on Residence GRANTED IN 3 MONTHS– Client Received Green Card (March 2019)

In a March 2019 decision, USCIS approved client’s I-751 Waiver within 3 months after attorney submitted a request to convert client’s I-751 Joint Petition to a Waiver Petition without issuing a Request for Evidence or requiring our client to appear at an interview.

Our client had a bona fide marriage. Client originally filed a joint petition with her husband. The parties were interviewed jointly, then separately by USCIS. USCIS Officer stated during the interview that they did not believe the marriage was real and alleged marriage fraud. However, USCIS refused to render a decision and client’s case was then pending for over 2 years. Client hired a document preparer to submit additional documentation, but the case continued to be pending for almost another year.  Unfortunately, the marriage fell apart due to reasons of infidelity and gambling problem. The parties finally separated and filed for divorce. After the divorce is finalized, client hired our office to handle the petition.

Our office submitted a request to USCIS to treat the pending joint petition as a waiver petition pursuant to USCIS Policy Memorandum.

In our petition, we provided a legal brief, substantial evidence, and credible witness statements to address the false allegations of marriage fraud in client’s previous interview. Subsequently, we are pleased to learn that we had successfully persuaded USCIS in our client’s favor. Client received her green card only 3 months after we submitted our waiver request.

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