Attorney Mooradian recently won a ten year permanent resident card for a client who had applied pro se for an I-751. Since the time that the client had filed the petition jointly, his marriage had broken down. The couple did not yet file for divorce, but were living separately.
When the client first came to speak with Attorney Mooradian, he was unsure about how to proceed. Attorney Mooradian indicated that he should continue with his marriage or seek a divorce as the relationship required— without respect to the immigration decision. Indeed, Attorney Mooradian stressed the importance of honesty with the immigration agency. Thus, remaining married, or falsifying information about a marriage, would do nothing but prejudice the case.
The clients still had not filed for divorce when they received an official Request for Evidence from the immigration agency. The Request for Evidence sought further evidence that the relationship was entered into honestly and that it continued to present. In reality, evidence was scant. The couple had moved apart shortly after the beneficiary had received his green card. Therefore, the clients needed to explain the absence of evidence following their marriage.
Attorney Mooradian gathered written testimony from several friends and family of the couple. The testimony mentioned honestly that the relationship became strained and that the couple had been living apart. Attorney Mooradian indicated in his cover letter and argument to USCIS that the relationship was bona fide at the time it was entered into, but that it did break down. Mooradian submitted further evidence of the relationship. Importantly, the clients submitted tax returns that indicated that they were indeed married— a designation that is hugely important in proving the bona fide nature of the relationship.
Now, the client will receive a ten-year green card and is on the path for citizenship.