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Permanent Residence Approved Despite Divorce

Permanent Residence Approved Despite Divorce

Applicant: Ida
Nationality: Mexican
Applying for: Removal of Conditions for Conditional Residency Status
Case Type: I-751 Waiver
Time: 11 months

Challenges:

  • Obtained Permanent Residence through marriage and is no longer married to the Petitioning husband
  • Divorced and needed to attain green card on own merit
  • Divorce Process not finalized at the time of filing
  • Length of Marriage was only one year and two months
  • Establishing bona fide marriage
  • Shortage of bona fide documentation

 

BACKGROUND

Ida’s eyes filled with tears as she thought about the worst possible scenario for her future. She faced imminent deportation, and if that happened, she wondered who would become the guardian of her minor daughter. Ida had been granted two-year conditional residence when she met the person who she thought at the time was the love of her life. Ida and her ex-husband thought they were the perfect match and decided to get married. Their honeymoon stage was short-lived and after it ended, unfortunately their marital relationship had fallen apart. They had done everything they could but at the end of the day they could not fix their marriage and decided to file for divorce.

Although she was now separated from her husband, Ida still wanted to make a life for herself and her daughter here in America. She decided to apply for a 10-year green card based on her own merit, and she thought she was capable of doing this until she found out that she now needed to respond to a Request for Evidence (RFE). Feeling lost and overwhelmed, Ida reached out to Tsang and Associates for help.

 

KEYS TO SUCCESS

Tsang and Associates consulted with Ida who was under tremendous stress at the time. Previously, Ida had filed an I-751 Request for Waiver of Requirements to File Joint Petition to remove conditional status. Since she was no longer married to the U.S. citizen petitioner USCIS responded to her waiver request with an RFE to prove their relationship had been a bona fide marriage.

Tsang and Associates crafted a package that not only provided a narrative and history of the couple’s relationship but also included documentation that supported the legitimacy of their marriage. We provided Ida with instructions on how to effectively contact a third-party government and private agencies to obtain copies of bona fide documents to prove the legitimacy of her marriage. Additionally, we assisted Ida’s family and friends with preparing letters to support her case.

As Ida explained, a work friend introduced her and her ex-husband. They hit it off immediately, and he would often bring her romantic gifts such as her favorite sunflowers. They dated for five years before getting married. She considered him the love of her life, and they moved into a home to start their lives together. Like many marriages, theirs began to buckle from financial strain.

Her husband suffered a series of injuries that prevented him from working. She supported him physically and emotionally through his recovery, but the lack of income created difficult financial pressures. Ida’s husband became incrementally irritable and then aggressive. He began to take out his frustrations on her and her teenage daughter. Eventually, the situation became so intolerable that she filed for divorce.

Tsang and Associates included over half a dozen financial exhibits proving that Ida and her husband had commingled their assets and joint tax filings. These documents were vital in demonstrating her sincerely committed, but ultimately failed marriage.

 

OUTCOME

Within a month Tsang and Associates was able to respond to the Request for Evidence issued by USCIS, and Ida’s difficult case was granted. Ida received her permanent residence, and our office is now helping her prepare her application for U.S. Citizenship. Ida is happy that the weight of this situation is now off her shoulders and that she and her daughter can finally have a new start. She cannot wait for what the future has in store for her.

Original Content

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