Application to Remove Conditions on Permanent Residence After Divorce

• Applicant: Ms. Mercado
• Nationality: Colombian
• Applying For: I-751 Waiver (Petition to Remove Conditions on Residence)
• Approval Date: 03/2020
• Challenges:
  1. The couple was young and did not have any kids.
  2. The marriage was dissolved before the two-year term to apply to remove the conditions of the Permanent Residence.
  3. The couple only lived together as a married couple for approximately one year

BACKGROUND

Ms. Paola Mercado thought she married the love of her life and best friend, Mr. Julian Perez. The couple met in Colombia back in 2009 through a mutual friend. Throughout the following years, the two remained in touch as friends through social media, until the day Ms. Mercado came to California and contacted Mr. Perez to meet during her stay. During her vacation, the couple shared great moments together and they began to develop a deeper emotional connection that continued to grow over time. From this moment forward, the couple maintained constant communication and discovered all the things they had in common, falling deeply in love.

In March of 2016, Mr. Perez proposed to Ms. Mercado and the couple got married a few months after. The first year of their marriage was nothing short of a fairy tale out of a romantic novel. Life could not be any better, after all they were young and in love. They were constantly going out to romantic dinners, attending trips together, and planning the rest of their lives together. Ms. Mercado had no doubts about her marriage until the day that she saw a picture of Mr. Perez on Facebook standing extremely close to a pregnant woman. Without thinking much of it, she confronted Mr. Perez and despite his initial defensiveness, Mr. Perez finally admitted that he had cheated on Ms. Mercado and that the woman was pregnant with his child. Ms. Mercado was heartbroken and devastated.

Even though she thought about giving the marriage a second chance, Ms. Mercado decided that she could not overlook what she felt was the harshest betrayal of them all, especially when considering that this act led to the birth of a child from another woman. After the break-up, Ms. Mercado experienced a debilitating depression and was forced to seek professional help. Once she began to heal, she decided to start the divorce process to terminate her marriage legally.  Despite the fact she knew this was the right thing, she worried about what the future would hold for her as she only had conditional residence. Ms. Mercado contacted our specialists at Tsang and Associates to help her remove the conditions on her residence and to gain stability so that she could rebuild her life.

KEYS TO SUCCESS

Our team reviewed Ms. Mercado’s case and the circumstances that led to her divorce and determined that she was eligible to remove the conditions on her residence by filing an I-751 Waiver.  Our team provided Ms. Mercado with a detailed checklist requesting documentation of their bonafide marriage and documentation that could show commingling of financial assets and domestic life. In addition, we asked Ms. Mercado to provide affidavits from family and friends who can testify and provide details about the marriage. All of this documentation, attached to a very detailed and personalized attorney brief, was able to show USCIS a complete and organized case with sufficient evidence.

OUTCOME

Ms. Mercado’s I-751 Waiver was approved without an interview and she obtained a 10-year green card. Ms. Mercado has peace knowing that she can remain in the United States with her family and the new friendships and the life she has built. She looks forward to applying for Citizenship in a few years, and hopes to find love once again.

*Name has been changed to protect client identity