I-751 Application Approved Without Spouse's Support, After Two RFEs and Two Interviews
August 30, 2023

Table of ContenTS

We would like to share a successful case done by our law office. We helped a client apply for a waiver for the joint filing requirement. The client was able to obtain a green card without the support of a spouse. The client received a conditional green card through marriage to a former U.S. citizen spouse. However, the marriage ended in divorce before the expiration of the green card.

In May 2018, the client filed the petition to remove conditions and received an interview notice one year after. The client arrived at the interview on time and honestly told the immigration officer that her marriage to her former spouse was real. However, the marriage ended due to her cheating spouse. After the interview, the client received a further notice from USCIS to submit additional documents in 2019. The client felt that she had already provided all the documents that she could provide and could not find more supporting documents.

A friend of the client referred her to Attorney Li to be her legal counsel. With the help of Attorney Li, the client submitted a supplemental response in December 2019. In this support letter, we explained why the client could not provide the additional requirements of USCIS and reiterated the legal standards for case approval. After USCIS received the supplemental response, the client again received another notice in September 2020. However, this time USCIS asked for the documents that had been already provided. Our team responded to the request on behalf of the client. In November 2020, the client received the notice of second I-751 interview. Attorney li and her team provided detailed interview training especially for the client’s second interview. After the interview, the client received a letter of approval for the ex parte application in December 2021 resulted from the follow-up effort from Attorney Li.

Most I-751 petitions do not have an interview. However, if the petition is not a joint petition, but is filed by a single party, the chances of being interviewed is greatly increased. According to the USCIS website, if an I-751 case is received on or after December 10, 2018, USCIS may consider waiving the interview and approving the petition directly if there is sufficient evidence in the case. In this case, there is no doubt that the USCIS approval is very strict, and the client does not have a deep understanding of the law related to this petition, which makes the case become more complicated.​

Attorney Li’s professionalism smoothes the entire process. Attorney Li specializes in handling difficult immigration cases in the United States. Whenever you encounter a similar problem, you are welcome to contact the Law Offices of Sabrina Li.

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