Category Archives: Marriage

When does Affidavit of Support Obligation End

When U.S. citizens apply green card for their foreign spouses, they must file an affidavit of support with the government to show that they have sufficient means of financial support for their spouses. The affidavit of support serves as a contract between the U.S. citizen and the U.S. government in which the U.S. citizen promises […]

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Matter of Rose – I751 Waiver Not Required

A hardship waiver of Petition to Remove Conditions is not required if the U.S. citizen spouse died during the 2-year conditional period. The U.S. Department of Justice Board of Immigration Appeal (“BIA”) made a decision on an appeal case on January 25, 2010 in which the BIA said that a conditional resident from marrying a […]

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I-751 Petition Filed Prior to Termination of Marriage

A Conditional Permanent Resident (CPR) who obtained his or her status through marriage to a U.S. citizen or lawful permanent resident must file form I-751 to remove the conditions placed on the residence status. The immigration law requires the CPR and his or her petitioning spouse (if not deceased) to jointly file the 1-751 petition […]

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Spouse of Deceased US Citizen Remains to be Immediate Relative

The Congress recently enacted a new law to address an issue in a situation where an U.S. citizen filed a form I-130 to petition green card for his or her spouse and the U.S. citizen deceased before the form I-130 is approved and the death happened before the second anniversary of the marriages.  The issue […]

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