I-751 Waiver for Short-Lived Marriage

I-751 Waiver for Short-Lived Marriage

Applicant: Mr. Jun
Case Type: I-751, Petition to Remove Conditions on Residence Waiver
Nationality: Philippines
Challenges:

  • Mr. Jun’s marriage only lasted 18 months and we had to prove that the marriage was legitimate
  • The client had applied using the wrong application (I-751 instead of I-751w) and the USCIS began to be suspicious of the marriage before coming to our firm
  • The client was worried that he would be deported

BACKGROUND

Mr. Jun was an immigrant working in California under a work visa. One day he met a wonderful woman at a work event and the two quickly became inseparable. Within a year of dating, they were engaged.

Excited for their future, they moved in together and their marriage had a wonderful start. Shortly after the honeymoon however, some of Mr. Jun’s family moved in with them to save money and the sudden merging of their two worlds became too much for his new wife to accept. His wife moved out under a trial separation. While away, she began to feel like the relationship had been rushed and while she loved Mr. Jun, she wasn’t ready to be married.

Mr. Jun applied to have the conditions removed from his Conditional Green Card when he divorced his wife after only eighteen months, USCIS grew suspicious that Mr. Jun may have only been married for the Green Card. Under the watchful scrutiny of USCIS, Mr. Jun would have to prove that his marriage was legitimate otherwise he could suffer dire consequences. Mr. Jun felt like he was living a nightmare, and did not know where to turn for help. He had finally achieved his dream of living in America, and now it could be all taken away because of his short-lived marriage. Thankfully, this was when Mr. Jun found Tsang & Associates.

KEYS TO SUCCESS

Mr. Jun and his ex-wife were still in communication and thankfully, their marriage had ended amicably. Our first step was to gather an immense number of documents that showed that Mr. Jun and his ex-wife really did care for each other at the time when they decided to get married. Mr. Jun and his ex-wife were able to supply a large number of joint documents that showed that they had a shared bank account, phone bills, address, and property. Although documents like these can present evidence that a couple did have joint accounts, personal statements are also very beneficial to a case like this one. Mr. Jun’s ex-wife ended up writing an affidavit to USCIS describing their relationship and how they very quickly fell in and out of love. Her story explained how financial worries had pushed their delicate marriage into a stressful corner and this account was corroborated by their supporting documents.

OUTCOME

USCIS deemed Mr. Jun’s marriage legitimate. Although it may have been hasty, they were able to prove that Mr. Jun and his ex-wife were madly in love but simply could not make it work. Tsang and Associates was able to get his Green Card conditions removed so he could remain in the U.S. for another ten years without being under any immigration scrutiny. Mr. Jun could not be more thankful that this nightmare had finally ended. Although disappointed his marriage could not be saved, he was excited about what his future in the United States had in store for him.