I-751 waiver filing

[Ordell 0]

Hello everyone,

Long story short: I came to the U.S. in 2008 to get married to my fiancee. After one year into the marriage, she left me for another man and filed for divorce. The divorce just became final.

I have a good job here in San Franciso and don't want to go back to my home country Sweden anytime soon. I would most likely be unemployed over there and, even more important, I established a life here in the past 2 years. Therefore, I'm intending to file the I-751 soon and apply for a waiver for joint filing. I just don't know if I have enough proof for a bona fide relationship. This is what I can present to USCIS:

* tons of wedding pictures, showing my family from Sweden that came over for the wedding

* apartment leases, showing that my wife and I lived together

* bank account statements with both our names on them, joint tax return (federal and state) for 2008 (2009 was already filed seperately)

* insurance policies (auto, renters, health) in both our names

* utility bills

* bills for marriage counseling.

Do you guys think that this is enough to get the I-751 approved or do I necessarily need affidavits by at least two people who have known us as a married couple ? I figured the marriage counselor could be one of them, but then again I'm not sure if I really get her to sign an affidavit (she could say no). Other than that I can't really think of anyone else - we were only married for a year before she left and don't have any mutual friends.

Any thoughts ?

[Brother Hesekiel 2,236]

Yes, I think that is enough to successfully remove conditions. Since your divorce is final, you are supposed to file immediately. Depending on the expiration date of your Green Card, I would still wait until you enter the 90-day window. Just make sure you present your case as professionally as possible.

[rika60607 215]

I did not include affidavits and I was approved with no RFE.

They are not an absolute requirement.

It would be better though to beef up your evidence: did you have joint ownership on anything? trips/vacations taken together? pics with her family and or friends on birthdays, Christmas?.. letters addressed to both of you?

[3600rs 24]

Yes, I think that is enough to successfully remove conditions. Since your divorce is final, you are supposed to file immediately. Depending on the expiration date of your Green Card, I would still wait until you enter the 90-day window. Just make sure you present your case as professionally as possible.

File for the waiver ASAP the moment you get your divorce decree, DO NOT wait for the 90 day window.

[Ordell 0]

Thanks for your replies. I am planning on mailing out the package by the end of this week. I read somewhere in this forum that technically, if you're a conditional resident and get divorced, USCIS could revoke your GC since you're no longer eligible for the resident status unless you file for removal. I certainly don't want that to happen, plus I have planned a trip down to Sweden in the summer and don't want a surprise moment when I try to reenter the States.

Do you really think that it's necessary to spice up the application with pictures, letters etc. ? There is no joint ownership of anything, which is no big surprise in the light of this short marriage. Letters addressed to both of us - certainly, from utility companies, insurance companies, but nothing else. Again, we only lived together for a year until she left.

[JimVaPhuong 4,863]

Thanks for your replies. I am planning on mailing out the package by the end of this week. I read somewhere in this forum that technically, if you're a conditional resident and get divorced, USCIS could revoke your GC since you're no longer eligible for the resident status unless you file for removal. I certainly don't want that to happen, plus I have planned a trip down to Sweden in the summer and don't want a surprise moment when I try to reenter the States.

Do you really think that it's necessary to spice up the application with pictures, letters etc. ? There is no joint ownership of anything, which is no big surprise in the light of this short marriage. Letters addressed to both of us - certainly, from utility companies, insurance companies, but nothing else. Again, we only lived together for a year until she left.

There is a long winded explanation in the INA about the effects that divorce has on conditional residence, and an equally long winded policy statement for USCIS. The concise version quoted by many immigration attorneys is that divorce terminates conditional residence. If USCIS learns about the divorce then they are compelled to take steps to terminate the conditional residency of the alien. This begins with a notice of intent to begin removal proceedings. If you were to receive such a notice, the correct response would be a properly filed I-751 with the appropriate divorce related waiver request box checked.

The reality is that USCIS rarely discovers the divorce before they receive the I-751, except in those circumstances where the US citizen tells them about it. However, because they could discover it, it is always best to file the I-751 as soon as the divorce has been granted.

For proof that you entered the marriage in good faith, you should provide everything you have. It's better to hit them with whatever evidence you have now rather than risk an RFE for more. You may think that 1 year is not much time, but when you consider that conditional residence lasts only two years it's actually plenty of time. It's not unreasonable to expect that a couple would be living substantially like any other married couple after a year.