CASE: I-751

APPLICANT: Korean

LOCATION: Columbus, Ohio

Our client contacted our office in early May this year regarding her I-751 application.

She is from South Korea and married a U.S. citizen in March 2011. Through her marriage, she obtained a 2-year conditional green card in July of 2011.  Her conditional residency was terminated in July 2013.

To comply with immigration requirements, our client and her husband had to file an I-751 Joint Petition to Remove Conditions. She retained our office again on May 13, 2013 and our office prepared an I-751 application for our client with bona fide marriage exhibits.

On June 3, 2013, our office filed an I-751 application to the USCIS with multiple affidavits from her friends and family members, joint bank statements, utility bills, insurance policies, and photos of our client and her husband to demonstrate the bona fideness of their marriage.

The fingerprint notice was issued two weeks later.

There was no RFE issuance or interview request for our client’s I-751 application. As a result, on October 4, 2013, the USCIS approved our client’s I-751 application and our client received her 10-year green card.

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CASE: I-751

APPLICANT: Tunisian

LOCATION: Washington, D.C.

Our client contacted our office in late December of last year regarding his I-751 application.

He is from Tunisia and married to a U.S. citizen. Through his marriage, he obtained a 2-year conditional green card in April 2011, also from our firm.  His conditional residency terminated in April 2013.

To comply with immigration requirements, our client and his wife had to file an I-751 Joint Petition to Remove Conditions. He retained our office again on December 26, 2012 and our office prepared an I-751 application for our client with supporting documents.

On January 23, 2013, our office filed an I-751 application to the USCIS with multiple affidavits from her friends and family members, joint bank statements, utility bills, insurance policies, and photos of our client and his wife to demonstrate the bona fideness of their marriage.

The USCIS issued an RFE for our client’s I-751 application. Our office filed a Response to the RFE on September 6, 2013.  As a result, on October 30, 2013, the USCIS approved our client’s I-751 application and our client received his 10-year green card.

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CASE: I-751

APPLICANT: Ghanaian

LOCATION: Cleveland, Ohio

Our client contacted our office in early May this year regarding his I-751 application.

He is from Ghana, married to a U.S. citizen since August 2009. Through his marriage, he obtained a 2-year conditional green card in July of 2011.  His conditional residency terminated in July 2013.

To comply with immigration requirements, our client and his wife had to file an I-751 Joint Petition to Remove Conditions. He retained our office on May 14, 2013 and our office prepared an I-751 application for our client with other supplemental exhibits.

On June 7, 2013, our office filed an I-751 application to the USCIS with multiple affidavits from his friends and family members, joint tax filing records, a birth certificate of their child, joint bank statements, utility bills, insurance policies, and photos of our client and his wife to demonstrate the bona fideness of their marriage.

Once the application was filed, the fingerprint notice was issued two weeks later. There was no RFE issuance for our client’s I-751 application. On August 29, 2013, our client and his wife were requested to appear for an interview at the USCIS Cleveland Office.  Prior to the interview, our office prepared them thoroughly. We also accompanied them at the interview as well. The interview went well, and as a result, on the same day, the USCIS approved our client’s I-751 application and our client received his 10-year green card.

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CASE: I-751 / Response to RFE

APPLICANT: Filipina

LOCATION: Ohio

Our client contacted our office in the middle of March this year regarding a Response to RFE for her I-751 application filing. She is from the Philippines and got her 2-year conditional green card through her marriage to her U.S. citizen husband.  She obtained a 2-year conditional green card in June of 2010, and her conditional residency terminated in June 2012.

To comply with immigration requirements, our client and her husband filed an I-751 Joint Petition to Remove Conditions before June 2012. However, she did not have an attorney back then, and did not submit sufficient evidence to prove the bona fideness of her marriage to her U.S. citizen husband. As a result of that, on February 14, 2013, the USCIS issued a Request for Evidence (RFE) for our client’s I-751 filing.

After consulting, she retained our office on March 27, 2013.

We reviewed the CIS’ RFE letter and prepared our response.  On May 7, 2013, our office filed the Response to RFE to the USCIS with multiple affidavits from her friends and family members, joint bank statements, utility bills, insurance policies, and photos of our client and her husband to demonstrate the bona fideness of their marriage.

After that, there was no interview request for our client’s I-751 application. Instead, on August 26, 2013, the USCIS approved our client’s I-751 application and our client received her 10-year green card which removed the condition.

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CASE: I-751

APPLICANT: Korean

LOCATION: Cleveland, Ohio

Our client contacted our office in early April this year regarding her I-751 application.

She is from South Korea and married a U.S. citizen in January 2010. Through her marriage with, she obtained a 2-year conditional green card in July of 2011.  Her conditional residency terminated in July 2013.

To comply with immigration requirements, our client and her husband had to file an I-751 Joint Petition to Remove Conditions. She retained our office again on April 17, 2013 and our office prepared an I-751 application for our client with other supplemental exhibits.

On May 2, 2013, our office filed an I-751 application to the USCIS with multiple affidavits from her friends and family members, joint bank statements, utility bills, insurance policies, and photos of our client and her husband to demonstrate the bona fideness of their marriage.

Once the application was filed, the fingerprint notice was issued two weeks later. There was no RFE issuance or interview request for our client’s I-751 application. As a result, on August 22, 2013, the USCIS approved our client’s I-751 application and our client received her 10-year green card which removed the conditions.

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CASE: I-751 / Waiver of the Joint Waiver Requirement
APPLICANT: Indian
LOCATION: Kentucky

Our client contacted our office in early May of 2012 regarding his potential I-751 filing. He is from India and he married a U.S. citizen in May 2009 in India.

Through his marriage, he was able to come to the United States with an immigrant visa and obtained a 2-year conditional green card in June of 2010. Thus, his conditional residency terminated in June 2012.

Unfortunately, their marriage ended in February 2011. Our client experienced a lot of difficulties during his marriage with his ex-wife. Thus, our client could not file the I-751 application jointly with his ex-wife.

We advised that we can help him file the I-751 application with a waiver of the joint filing requirement. 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.

On June 20, 2012, our office filed the I-751 application with various supporting documents (over 18 exhibits and an affidavit over 3 pages) to demonstrate our client’s bona fide marriage with his ex-wife.  Since he did not have a lot of supporting documents regarding joint financial documents and joint living arrangements of him and his ex-wife, we also attached numerous notarized affidavits from our client’s friends and family members.

In May of this year, the USCIS scheduled an I-751 interview for our client. Prior to the interview, our office thoroughly prepared our client over conference calls and discussed with him potential issues at the interview.

On June 6, 2013, our client was interviewed for his I-751 application at the USCIS Louisville, KY Field Office.  Attorney Glen Sung Hee Yu from our office also accompanied our client as well.  The interview went well, and eventually, the USCIS approved his I-751 application on June 12, 2013. Now, he has his ten-year green card.

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For other I-751 success stories, please click here.

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CASE: I-751

APPLICANT: Kenyan

LOCATION: Atlanta, Georgia

Our client contacted our office in early April of this year regarding her I-751 interview. She is from Kenya and married a U.S. citizen in June 2008. Through her marriage with a U.S. citizen spouse, she obtained a 2-year conditional green card in November of 2009.

Prior to the expiration of her conditional residency in November 2011, she and her husband jointly filed an I-751 application to remove the condition on her residency. Without the assistance of legal counsel, they filed an I-751 application to the USCIS in October 2011.  They filed the application with some supporting documents, but the USCIS issued a Request for Evidence (RFE) sometime in 2012, and they submitted more supporting documentary evidence to the USCIS. She and her husband have maintained their marital relationship for the last 5 years without any issues. Nevertheless, the USCIS Atlanta Field Office issued an interview for our client’s I-751 application.

She was nervous and did not know what would happen at her I-751 interview.  She contacted our office in early April of this year, and retained our office to prepare and accompany them for their I-751 interview in Atlanta, Georgia.

After our office was retained, we thoroughly prepared our clients through conference calls.  We explained to them the nature of the interview, what to expect at the interview, and we also asked them to remember specific details of their marriage especially after November 2009.

On April 25, 2013, our client was interviewed at the Atlanta, GA USCIS Field Office. Attorney Sung Hee (Glen) Yu from our office accompanied them at this interview. The interview went well and our clients were fully prepared.  On May 8, 2013, the USCIS approved our client’s I-751 application. Now, she has her ten-year green card.

FREE CONSULTATIONS

If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately. 

For other I-751 success stories, please click here.

For other success stories, please click here.

Also feel free to contact our office anytime for free consultations.

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CASE: I-751 / Waiver of the Joint Waiver Requirement
APPLICANT : Swedish
LOCATION: Ohio

Our client contacted our office in early January of this year regarding his potential I-751 filing. He is from Sweden and married a U.S. citizen in November 2009. Through his marriage with a U.S. citizen spouse, he obtained a 2-year conditional green card in April of 2010. Therefore, his conditional residency terminated in April 2012.

Unfortunately, their marriage ended in December 2011. Thus, our client could not file I-751 application jointly with his ex-wife. After the consultation, we advised that we can help him file the I-751 application with a waiver of the joint filing requirement. 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.

On January 26, 2012, our office filed the I-751 application with various supporting documents (over 20 exhibits and an affidavit over 3 pages) to demonstrate our client’s bona fide marriage with his ex-wife.  On July 12, 2012, the USCIS approved our request for the removal of conditions on his permanent resident status without even an interview. Now, he has her ten-year green card.

FREE CONSULTATIONS

If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately. 

For other I-751 Success Stories, please click here.

For other Success Stories, please click here.

Also feel free to contact our office anytime for free consultations.

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CASE: I-751 / Waiver of the Joint Waiver Requirement

APPLICANT : Korean

LOCATION: Virginia

ISSUE: I-751 Application Pending Divorce Proceedings

We initially met our client in our Washington DC office when she scheduled a consultation with our office. She is from Korea who came to the United States in the 90s, and has maintained her F-1 status throughout until she married a U.S. citizen in 2006. Through her marriage with a U.S. citizen spouse, she obtained a 2-year conditional green card in May of 2008.  Therefore, her conditional residency was scheduled to terminate in May 2010.  To comply with the immigration requirements, our client and her husband filed an I-751 Joint Petition to Remove Conditions in March 2010.

Unfortunately, their marriage ended in September 2010.  Moreover, our client received the Request for Evidence immediately after her husband initiated divorce proceedings. Eventually, our client contacted our office and retained us to assist her response to her Request for Evidence (RFE).

According to an April 9, 2009 USCIS Memorandum by Director Neufeld, “USCIS may not deny a petition solely because the spouses are separated and/or have initiated divorce or annulment proceedings…  If a Service Center ISO encounters an I-751 petition jointly filed by co-petitioners who are still married but are in divorce proceedings, the ISO issues the Conditional Permanent Resident (CPR) a Request for Evidence with an 87-day response period.  In the RFE, the ISO specifically asks the CPR to provide a copy of the final divorce decree along with a request to have the joint filing petition treated as a waiver petition.  This affords the CPR an opportunity to provide evidence that the proceedings have been finalized and it affords the CPR an opportunity to request a waiver to the joint filing without refilling.”

Based on this Memorandum and with various supporting documents (over 20 exhibits and an affidavit over 5 pages) to demonstrate their bona fide marriage, on October 15, 2010, our office promptly filed I-751 Response to RFE and Request to convert joint filing to I-751 with waiver of the joint waiver requirement pursuant to the Neufeld April 3, 2009 Memorandum for I-751 Applications pending divorce proceedings.

On January 6, 2010, USCIS approved our request for the removal of conditions on her permanent resident status without even an interview. Now, she has her ten-year green card.

FREE CONSULTATIONS

If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately. 

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CASE: I-751 Late Filing For Good Cause Approval
ISSUES: Late Filing; Establishing Good Cause for Failure to File
LOCATION: Boston, Massachusetts

Our client is a Filipino national living in Boston who was on a 2-year conditional green card. She got her green card based on a bona fide marriage with her U.S. Citizen husband. She and her husband jointly filed an I-751 to remove conditions on a green card prior to its expiration in July 2009. This was in order to get her 10-year green card. However, as they were not represented by counsel, she missed the requirement of having to  provide the biometrics fee for her daughter, who was also a conditional resident as a derivative. In early August 2009, after the expiration date of the 2-year conditional green card, the application was returned since they missed the biometrics fee. Since the letter appeared to only request for the fee, they responded  and re-filed the application with the addition of the requested biometrics fee without any explanation for the “late filing”. As mentioned, the conditional residence status expired in late July. The checks were cashed and they were eventually issued with a receipt notice and fingerprint appointment. Everything it seemed went well as they received letters from the Immigration Service stating that their status was extended for a year while the I-751 was pending. However, in January 2010, the I-751 was denied due to “late filing”. Our office was consulted after this and we suggested a re-file of the I-751 with a letter and supporting documents arguing that there was good cause for failure to file. We argued that the August 2010 letter appeared to be a Request for Evidence and that it is reasonable for a couple with no legal representation to think there was no need to provide an argument for “late filing” when they re-filed the I-751. We also attached proof of bona fide marriage and cited the specific law which allows for this late filing. On June 27, 2010, the I-751 was finally approved and our client’s 10-year green card was issued.

FREE CONSULTATIONS

If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately. 

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