25 Nov USCIS Approves I-751 Petition Requesting Waiver of Joint Filing Requirement Based Upon Good Faith Marriage that Ended in Divorce
Our firm provided immigration representation to a client who was a conditional resident of the United States. Conditional residency is granted for a 2 year period based on a bona fide marriage to a United States citizen that is less than 2 years old at the time the green card is issue. Within 90 days prior to the 2 year expiration date of the green card, the conditional resident must petition for removal of the conditional status. Our particular client’s marriage had been entered into in good faith but had been terminated through divorce during the 2 year conditional period after the marriage became irretrievably broken. We filed Form I-751 Petition to Remove Conditions of Residence requesting a waiver of the requirement to file a joint petition on the basis that the qualifying marriage was entered into in good faith but was terminated. Our firm prepared a packet evidencing the bona fides of the marriage. This packet included an affidavit from our client detailing the nature of the marriage and divorce, a copy of the divorce decree and settlement agreement, affidavits from friends, pictures of the couple while they were married, and strong evidence that they had lived together as husband and wife during the 2 year conditional period including bank statements, bills, insurance, and jointly filed tax returns. United States Citizenship and Immigration Services (USCIS) granted the waiver and approved Form I-751. The conditional status was removed and our client received a 10 year permanent resident card.