Despite Separation from U.S. Citizen Spouse, I-751 Petition to Remove Conditions on Residence Approved After 2 RFEs
November 30, 2023

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The Law Offices of Sabrina Li has once again successfully assisted a client, and we are eager to share their story with you.

Our client sought our expertise after receiving a Request for Evidence (RFE) from USCIS regarding their self-filed I-751 Petition to Remove Conditions on Residence. Initially, the client filed the I-751 jointly with his wife. However, due to the deterioration of their relationship, they divorced by the time he received the interview notice from USCIS. Despite the circumstances, he attended the interview alone and thoroughly explained the sequence of events that had occurred. After a prolonged wait, instead of receiving an approval notice, he was issued an RFE that further examined his changed marital status.

Despite the challenges faced in this case, we remained optimistic about finding a viable solution. The primary hurdle was the client's divorce from his spouse, necessitating a waiver application to bypass the joint filing requirement. Following the issuance of his conditional green card, the client and his wife parted ways, leaving him without support from her and her circle of friends and family. Notably, the couple retained only a limited amount of documentary evidence to verify the genuineness of their marriage. However, we were confident that through diligent efforts, we could overcome these challenges and successfully resolve the matter.

After meticulously preparing a comprehensive response to the RFE — addressing the client's marital status and providing ample evidence supporting the validity of his initial marriage — we submitted it to USCIS. Our aim was not only to demonstrate the bona fide nature of the marriage but also to clarify the reasons for its dissolution and the need for a waiver of the joint filing requirement.

Despite our comprehensive submission, a year later, USCIS issued another RFE, once again requesting evidence of a valid marriage not entered into for immigration purposes. Our firm responded to USCIS, pointing out that the requested materials had already been provided. The following week, our client received an interview notice. We thoroughly prepared the client for his interview. The very next month, his case was approved, and he was granted Lawful Permanent Resident status. Our hard work and dedication paid off. Despite the complexities and the RFEs, the client's I-751 Petition to Remove Conditions on Residence was approved.

The I-751 petition permits an individual to remove the conditions on their two-year conditional resident status. The I-751 must be filed within the 90-day period before the conditional residence expires. The removal of conditions can be filed jointly with the petitioning spouse, or a waiver of the joint filing requirement can be requested in the following situations:

  1. The petitioning spouse is deceased;
  1. The marriage was entered into in good faith but has been terminated through divorce or annulment;
  1. The marriage was entered into in good faith, and during the marriage the applicant was subject to extreme cruelty by the petitioning spouse;
  1. The termination of the applicant’s status and removal would result in extreme hardship.

If you or someone you know faces a similar situation and requires the expertise of skilled professionals, look no further than the Law Offices of Sabrina Li. Call us today at (213) 375-8096 or email us at We are committed to providing the assistance you need, so please don't hesitate to reach out. We're here for you.

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