We received great news that an I-751 joint petition to remove conditions on permanent residency was approved by USCIS. We originally handled the couple’s adjustment of status and waiver applications in 2010. Everything was approved, and the wife, who was originally from Mexico, was approved for a conditional green card. Because at the time of the adjustment of status, the couple had been married less than two years, the wife was approved for conditional status for a two year period. The conditional permanent resident status is a way for USCIS to prevent against marriage fraud. The thinking is that a newly married couple can still obtain a green card for the alien spouse for a two year period. After two years, the couple must provide more evidence to show that they couple has lived in a good faith marriage for the last two years. This allows USCIS to review the case again and make certain they are convinced of the bona fides of the relationship.
In early 2012, the couple contacted The Nunez Firm to ask us for help in applying for the removal of conditions. We met with the couple and reviewed the evidence they brought. We asked them to look for other evidence they had not considered. A few months later, we prepared a comprehensive packet of evidence to show that the couple was still living together and carrying on their lives as a married couple would be expected to do. Per 8 CFR 216.4(a)(1), we filed the joint I-751 petition within 90 days before the second anniversary of the grant of permanent resident status. We provided insurance policies showing both husband and wife as covered individuals. We provided joint bank accounts and photos of the couple.
With an I-751, USCIS wants to see that the qualifying marriage was entered into in good faith. They generally want to see evidence such as joint ownership of property, a lease showing joint tenancy, commingling of finances, birth certificates of children, affidavits of third parties attesting to the relationship and photos of the couple/family among other documents.
The I-751 for this Irvine couple was approved without an interview. The couple was happy that they would not need to attend another interview, because the interview process can be stressful. If you are a conditional resident and your two year expiration date is approaching, contact The Nunez Firm to schedule a consultation. Although you cannot file the joint I-751 before the 90 day window, it is best to start preparing the case a few months in advance. This gives us ample time to prepare as convincing of a case as possible in the hopes that we can obtain an approval without the need for an interview.