In this video, will talk about the I-751 waiver, the waiver from filing,
jointly, an application to remove the conditions
of the two-year green card. So typically, after a person has a green card for two years,
they have to file a petition to remove the conditions. Typically, they should file it jointly
if they're still married. But in many cases, people get divorced before the end of two years.
And then they have to file a petition to remove the conditions by themselves. And this is called
a waiver. So in this video, we'll talk about this particular waiver. But more specifically,
what happens when somebody files this waiver, and they get an intent to deny their conditional
green card. This is happening a lot right now. So watch this video, and I'll talk to you about
what to do when you get such intent and how to overcome it. I'll see you on the other side.
In this video, we'll talk about I-751 waiver, the waiver of the joint filing to remove the
two-year conditional green card, we'll talk about what happens when you file this waiver and you get
an intent to terminate your conditional status, just like here, an actual intent. We'll go through
this intent because they're very similar. And they're sending a lot of these intents right
now. And we're getting a lot of questions, and I wanted to make a video specifically on that.
Before that, if you’re here for the first time, make sure to subscribe to our channel. Click
that bell to be notified as I release videos every single week. And also give us a big like
so YouTube will be able to show this video to more people just like you. My name is Jacob, and I'm
an immigration attorney located in San Diego, California. And we represent clients in all 50
states. And we're excited to talk about this 751 waiver topic because it's really important. So,
the waivers are based on section 216 C4. This section essentially states what the hardship
is based on. It's based on the fact that it was a bona fide marriage but it just didn't work
out. There was no fault of the parties. And the second waiver that can be done is based on abuse,
there's an abuse in the relationship. The abused immigrant can file a waiver
based on abuse using form I-751. Right? So, typically, those intent to deny, they go through
the general description of what happened in the case, they state that section, just like we
showed you right here. And then they go to state as to what information the couple provided. In
this case, they provided… there's a long list of things that they provided like joint bills
and accounts, and all that kind of stuff. So, typically, those intents, they will list
what already was provided. As you can see, it is really important to provide as much evidence as
possible to show that the marriage was bona fide and assets were commingled and things like that.
Then the intent states a very specific section of the Code of Federal Regulations 8 CFR 216 5 E2.
And let me read you that section. “In considering whether an alien entered
into a qualifying marriage in good faith, the director should consider evidence relating to
the amount of commitment by both parties to the marital relationship. Such evidence may include,
A, documentation relating to the degree to which financial assets and liability of the parties were
combined.” Again, it's really important to know that it is very crucial when you file a waiver
to show that you actually had assets that were commingled, that you combined assets. “Number two,
documentation concerning the length of time during which the parties cohabitated after the marriage,
and after the alien obtained permanent residence.” So remember, once you get
your conditional green card, they want to see that the couple continued to live together.
There are so many cases that I've seen that people got their conditional green card, and then they
stopped living together. That's no good. That's one thing that is an important factor in the
success of that waiver. And number three, birth certificates of children born to the marriage.
Of course, very helpful but it's not necessary. And finally, other evidence deemed pertinent
by the director, which means can be anything that you can show that this was a real and
bona fide marriage. So once again, in this case, they will list all the evidence that was given,
personal declarations. They will go through what was in those declarations. In this case,
they will actually quote sections of the declarations to show that the couple was in
a good relationship. In this case, they had short duration residence and they will quote that
what happens when they got the green card, the conditional green card, what happened after the
conditional green card. Then the officer, in this case, was able to show that after the green card,
the couple did not live together for a long time afterwards, and they actually
listed those addresses [inaudible]. That's why it's such a long decision. They're going back
and showing that the evidence from the family, the letters from the family were not sufficient.
So, [inaudible] when you submit tax returns, they want to make sure that it's real evidence. In this
case, this couple provided tax returns but there was no evidence they filed them with IRS. So,
for example, if you provide evidence that you submitted anything with the government, make sure
you actually did. In this case, the couple did not file their taxes with the IRS and the immigration
caught it. So, that was not good. And that hurts their credibility before the USCIS. Also, a lot of
the evidence that this particular person provided, in this case, the immigrant is filing by himself,
was conflicting from the evidence that was already provided before to the USCIS. And therefore,
the USCIS is going to give little weight to that evidence. So, it's really important that
if you're providing any evidence in your case, specifically, if you do it on your own,
essentially that you're no longer married, you're now divorced,
that evidence is not going to give enough weight if it's contradictory to what you
had already given them either in the first interview or in previous filings. In this case,
they already filed jointly, they were denied, and then the immigrant filed the petition alone.
So, there's a lot of inconsistency and the immigration didn't give him credit for that
inconsistency as well. Once again, don't forget if you are here for the first time,
you enjoyed this video, make sure you subscribe to this video. Click that bell to be notified.
Also, give us a big like so you can share this video with more people.
And finally, we have a big Facebook group with a lot of people that are going through the same
process as you are. If you want to be part of our community, join that Facebook group. The link is
in the description of this video. So once again, thanks a lot, and I'll see you in our next video.