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I-751 – Removal of Conditions

We were retained to represent a woman from Serbia, which was part of the former Yugoslavia. She studied in the United States for many years and had attained an advanced degree in Engineering. She met her husband, who had originally emigrated from Serbia, but had already become a United States citizen. The couple had separated prior to their two year anniversary so when we filed the I-751, Petition to Remove the Conditional Status of her Residence, we had to file a waiver, due to the divorce. The interesting and challenging aspect of this particular case was that the couple never officially lived together. They met at a resort town where the husband worked, but our client was not able to find employment in the same location. We had to provide evidence that they tried to work out their long distance relationship by submitting copies of airline tickets and itineraries documenting the extensive commuting that the two undertook in order to salvage their relationship. We did not have the usual evidence such as a lease agreement or mortgage, utility bills or joint bank account statements. The main evidence we submitted was photos taken during their times together, affidavits from family and friends and affidavits from each of them. Once we submitted the package, we were given an interview approximately a month later.

Result:

Happily our client was granted Lawful Permanent Resident status at her interview. The immigration officer at USCIS examined the evidence we submitted in addition to asking our client questions describing the marriage and its ultimate demise. The officer was satisfied, based on the evidence and the testimony presented that our client had entered into her marriage for love and not for immigration purposes. In less than three years our client will be able to apply for citizenship.