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Request for Evidence in Remove Conditional Status Case in Middle of Divorce

Case Conclusion Date: 05.30.2013

Practice Area: Immigration

Outcome: Approval - Removal of Conditions on Residence

Description: The Client was married in good faith to his US Citizen wife and received the conditional green card. Prior to the two year expiration the couple filed a Joint petition to remove conditions on their own. Several months later while waiting for an answer, the couple had a falling out and decided to get divorced. Prior to the divorce filing, they received a Request for additional Evidence (RFE) to prove the continued marriage. The Client came to me and we began building the case to submit in time for the RFE. They filed for divorce and we submitted the request for evidence disclosing the divorce process. We anticipated that the case could be denied and we would re-file the case once the divorce was final as a Waiver. But we also had a window of opportunity to prove that since the divorce was not finalized AND the couple continued to live together in the home that they still owned and their finances were still all together that this proved that their marriage and life continued in the present. With overwhelming evidence of their life together we received the approval and the conditions on residence were removed and my Client received the 10 year green card !

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