FACTS:

Our client came to us in a highly difficult posture. After obtaining conditional permanent residence through marriage, he filed a Form I-751, Petition to Remove Conditions on Residence. However, after years of intense USCIS scrutiny, including multiple interviews and a separate interview of his former spouse, USCIS concluded that the marriage was not entered into in good faith.

Critically, USCIS relied heavily on a statement obtained from the ex-spouse alleging that the marriage was fraudulent. There were significant concerns about how that statement was obtained, including issues relating to reliability, context, and fairness. Based on this finding, USCIS denied the I-751 and placed the client in removal proceedings before the Immigration Court (EOIR).

Despite the serious allegations, the client remained steadfast and committed to fighting his case. After reviewing the record and identifying weaknesses in USCIS’s evidence, we believed there was a strong basis to challenge the fraud finding and pursue approval of the I-751 in Immigration Court.

THE LAW:

A conditional permanent resident may file a Form I-751 with a “good faith marriage waiver” if the marriage has ended in divorce (or where the spouse is unwilling to cooperate), but the marriage was entered into in good faith. The legal standard focuses on the parties’ intent at the time of marriage—not whether the relationship ultimately succeeded.

In these cases, the applicant must demonstrate that they intended to establish a life together at the inception of the marriage. Evidence can include joint financial documents, cohabitation, shared responsibilities, and credible testimony explaining the relationship and its breakdown.

When USCIS denies an I-751, it typically issues a Notice to Appear (NTA), placing the individual in removal proceedings before EOIR. Importantly, the Immigration Judge then reviews the I-751 de novo, meaning the Court is not bound by USCIS’s prior conclusions and can independently assess credibility, evidence, and legal arguments. This is an important point – DO NOT ALLOW THE COURT TO RELY ON THE FACT FINDING OF USCIS!!

This process creates a critical second opportunity to present the case—often with more robust evidence, testimony, and cross-examination of the government’s position.

THE RESULT:

In this case, we carefully dissected USCIS’s fraud finding, highlighting the procedural and evidentiary concerns surrounding the ex-spouse’s statement. We worked closely with the client to prepare a detailed and credible presentation of the relationship, supported by documentary evidence and consistent testimony. We also sought expert testimony and analysis of the statement by the ex-wife to further erode the baseless argument that the marriage was not entered into in good faith.

Before the Immigration Court, the Judge ultimately approved the Form I-751 petition effectively reversing the USCIS decision finding and recognizing that the client had met the burden of demonstrating a good faith marriage. Remember, with busy court dockets, a well-prepared client can have an ADVANTAGE before the Court! If you can devote more resources to fighting your case, you can leverage busy court dockets and overworked trial attorneys to take every advantage to press your case!

As a result, the client successfully removed the conditions on his residence and is now in a position to move forward toward U.S. citizenship.

This case reflects the importance of persistence, careful legal strategy, and understanding that a USCIS denial—particularly in complex marriage cases—is not always the final word.

DISCLAIMER: All Case Results published here depend on specific facts and legal issues unique to the case. It is impossible to guarantee any results