When newlyweds come to us for help with their green card application, there’s just something special about how they talk to each other and about each other. They’re giddy, deeply in love, and their future is bright because they’re together forever. I love these cases and being witness to such pure joy.
But, sometimes that happiness doesn’t last. Sophia’s happiness was gone when I first met her because her marriage had turned sour. She’d originally obtained her green card through her marriage to a U.S. citizen; however, because she’d only been married about a year, she initially received a conditional green card. The conditional card was good for two years, so, a few months before it expired, the couple filed a Joint I-751 to “remove” the conditions and to get the permanent green card.
I-751s currently take an average of 31 months to adjudicate. Yes, the time the case is pending is longer than the actual conditional green card validity. A lot of life can happen in 31 months.
For Sophia, the wait became unbearable. Sadly, she discovered that her U.S. citizen husband had been cheating on her. She didn’t know what to do—did she stay with someone who clearly didn’t value her or did she stay married because (she believed) her immigration status depended on being with him? When we first spoke, she felt like she had no choice but to stay in a loveless and degrading relationship. By the end of our consultation though, there was a spark of hope in her voice.
I told Sophia that she did not have to stay married to remain a permanent resident because of the “Good Faith Waiver” option. However, for this process, she did need to get a divorce. USCIS could process her I-751 without her husband if she divorced, but she needed to get it done and we needed to let them know. The last thing we wanted was her I-751 getting approved when it was filed jointly, but she and her husband were no longer together.
Sophia found a great family law attorney and, within a few months, the divorce was finalized. She hired Hope Immigration and we sent USCIS a letter asking for her case to be converted from a joint petition to a good faith waiver petition. 18 months later, Sophia received her permanent green card, free of any ties or connections to her ex-husband.
Sophia’s marriage didn’t turn out the way any newlywed would hope. Thankfully, though, there were options for her to keep her status, continue her life in the United States, and create a new chapter of her life. We are grateful to have been part of her turning her life around and having a fresh start!