Because she left in a hurry, she did not have many documents to prove good faith marriage. Additionally, we did not have any police records regarding abuse – in fact, he was never physically abusive. He was emotionally abusive. He would manipulate her psychologically, constantly pointing out the sexual abuse she suffered when she was younger as a reason she could not satisfy him sexually.
We decided to file the I-751 petition to remove conditions with all three waiver categories checked – good faith marriage, victim of extreme cruelty, and extreme hardship.
For good faith marriage, we provided marriage counseling records, email correspondence between our client and her in-laws showing they had a close relationship, and letter and cards from in-laws. We also provided a deposition transcript from a car accident in which both spouses were involved. The evidence was unconventional and sparse, but it was all we could gather.
To prove emotional abuse victimization, we provided a psychological evaluation and correspondence between the spouses to show how the husband manipulated her.
To prove that our client would suffer extreme hardship if she was deported to her home country we argued that she was sexually abused by her brother, and if she returned home she would be forced to live near him again.
When we received the approval notice, it did not tell us which basis for the waiver was approved. However, the client was overwhelmed with happiness. We received the approval within a couple weeks of sending the response to the request for evidence.
If you are a conditional resident and your expiration date is approaching within the next six months, contact The Nunez Firm to schedule a consultation. Managing attorney Jay Nunez will personally meet with you to help you understand the process and how we can help. We have experience with all types of I-751 cases: joint petitions, good faith marriage waivers, domestic abuse waivers, and extreme hardship cases. We have represented several clients in having denied I-751 cases reviewed in immigration court as well.