Obtaining a green card through marriage is a common route for many immigrants seeking permanent residence in the United States. However, what happens when a joint I-751 Petition to Remove Conditions on Permanent Residence with a spouse doesn’t work out due to divorce?
Our client filed an I-751 joint petition to secure permanent residence through his marriage to a US citizen. Unfortunately, the joint filing with his spouse hit a roadblock when they got divorced. This unexpected turn of events required a change in strategy to attain his 10-year green card.
Our client turned to us for help which started with a consultation in March 2022. He immediately hired us to convert his jointly filed I-751 to a waiver filing. There was a material change in his marital status when his divorce from his US citizen spouse became final. We submitted the request to convert his I-751 joint filing to a waiver filing by submitting a copy of his final divorce decree.
Our client was scheduled for an interview in May 2023. We prepared him and appeared with him at his interview. At the interview, the USCIS officer informed the client that he would be issuing a Request for Evidence (RFE) because there was insufficient documentation of good faith marriage that was submitted with the client’s initial filing. Our team gathered comprehensive evidence to demonstrate the bona fide nature of his marriage that has since ended in divorce. We submitted joint financial documents, proof of cohabitation, affidavits from family and friends and joint utility statements.
USCIS was convinced of his genuine marriage after we successfully addressed the concerns raised in the RFE. The client’s I-751 was approved in August 2023 – he is now a recipient of a 10-year green card.
Navigating the immigration process, especially when circumstances take unexpected turns, requires careful planning and a deep understanding of the legal requirements.
Our client’s I-751 waiver approval underscores the importance of having a skilled and experienced legal team by your side to significantly improve your chances of success.
P.S. Every case is different. Past successes do not guarantee similar future outcomes. Consult a licensed immigration lawyer to discuss your unique situation.
