I-751 Waiver Petition Approved without Interview for Conditional Green Card Holder who was Divorced but entered into the Marriage in Good Faith

When an individual receives a green card through a marriage that is less than 2 years old, the individual receives a conditional green card that is valid for a period of 2 years from the date of issuance of the green card. It is necessary to file an I-751 Petition to Remove the Conditions on Residence prior to the expiration date of the green card. When the couple remains in a marital relationship they jointly file the I-751 Petition within the 90 day period prior to the expiration date of the green card documenting the bona fide nature of the marital relationship. If there are difficulties in the marital relationship, the green card holder may file for a waiver of the I-751 joint filing requirement. The most common waiver ground is showing that a divorce is finalized and that the marriage was entered into good faith at the time of its inception. We represented a client in an I-751 waiver petition who had experienced marital difficulties with his wife because he wanted children and she was infertile but had not disclosed this to him prior to their marriage. The two had met and work, had lived together for 3 years, and had extensive documentation of the bona fide nature of their relationship. In support of the petition we included joint tax returns, bills, leases, insurance, bank statements, photographs, and Affidavits regarding the relationship including an Affidavit fro the U.S. Citizen wife regarding the bona fide nature of the marriage and the reasons why the marriage did not work out. As a result of our efforts the I-751 Petition was approved without an interview and our client received his permanent green card.

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