A permanent residence’s status is conditional if it is based on a marriage that was less than 2 years old on the day that person was given permanent residence status. A conditional green card is good for only two (2) years and then the person must remove these conditions by filing Form I-751, Petition to Remove Conditions on Residence. The removal of conditions can be done jointly, by both spouses, or unilaterally, by just the conditional green card holder. One way to remove the conditions unilaterally is the person must be able to prove that he or she did not get married only for the purpose of evading the immigration laws of the United States. In other words, the person must prove that the marriage was bona fide and not fraudulent.
Recently, a prior client came to our office seeking help in submitting Form I-751 to remove the conditions from his green card. He had obtained his conditional green card through his marriage to a US citizen spouse. He and his wife had gotten married for all the right reasons – they were in love and thought that they would be together forever. However, over a very short period of time their marriage deteriorated until they made the impossible decision to separate and ultimately to get a divorce. Our family law attorneys had represented the client in his divorce proceedings and now it was time for our immigration attorneys to step in and represent him in the next step.
Because the client was now divorced, in order to remove the conditions from his green card, our immigration attorneys would have to present enough evidence to convince US Citizenship and Immigration Services (USCIS) that the client’s marriage was not fraudulent. The client and his wife had only lived together as husband and wife for about six months after marrying and on top of that, they separated less than one month after the client obtained his conditional green card. In the eyes of USCIS, these are two huge red flags that would support their contention that this marriage had been a sham. Removing the conditions from our client’s green card under these circumstances would have been an insurmountable task for someone attempting to do it on their own. However, our experienced and knowledgeable immigration attorneys knew just how to tackle this case and how to succeed.
Working closely with our client, our immigration attorneys collected evidence of the life that our client and his now ex-wife had built together. Unfortunately, the client did not have much evidence to support the fact that this marriage was legitimate. But, our attorneys were able to obtain evidence of joint bank accounts, proof that they were both on the same automobile insurance policy, and evidence of joint financial assets. The completed Form I-751 was sent to USCIS along with all of the supporting documentation that our attorneys had gathered.
Shortly thereafter, USCIS sent back a Request for Evidence commonly called an RFE. Essentially an RFE is just what the name implies – USCIS alleged that the evidence submitted wasn’t sufficient and additional information was needed. Knowing that the client had no additional proof of joint assets, joint policies, or the like, our immigration attorneys came up with an unorthodox idea. They went back to the client and requested that he gather up every piece of documentation that had anything to do with the actual wedding ceremony and reception.
The client was able to gather documents showing rental expenses for the day of the wedding, a receipt for the wedding cake, pictures of the wedding ceremony and the reception, receipts for the décor, food, and photographer as well as a copy of the invitation. Our immigration attorneys successfully argued that all of this additional documentation further supported the assertion that our client and his wife had a bona fide intent at the time they entered into the marriage and provided legal arguments to support the same.
From the invitation, the receipts, the pictures, the décor in the reception hall, the food, the wedding cake, the fact that they hired a photographer to capture all the special moments, and the fact that they had an invitation printed up – all of these things show that our client and his wife wanted to celebrate their union in a traditional way. Armed with all of this evidence, our attorneys successfully argued that if this couple had only gotten married in order to keep our client in the US, they would not have gone to all of the trouble of having a wedding and reception like the one they had. Even the photographs showing a number of guests in attendance make it clear that the couple wanted all the special people in their life to be aware of their union and to participate in their joyful day. In viewing all of this additional evidence, their intent to enter into a bona fide marriage could not be any more apparent.
After receiving this additional information, USCIS had no choice but to grant our client’s application and remove the conditions from his green card. Despite the fact that our client had several facts or red flags against him, our immigration attorneys were able to prove beyond a reasonable doubt that he and his now ex-wife had in fact entered into a bona fide marriage. If you or a loved one, need to file to have the conditions removed from a green card, contact our office today so set up a consultation. Our immigration attorneys would be happy to assist you in the same way they assisted this client.