An April 3, 2009 memorandum issued by the USCIS provides guidance for petitioners married to U.S. citizens who have to file the I-751 Petition to Remove conditions. The memorandum discusses the manner in which USCIS officers should adjudicate such petitions where the couple is legally separated or has initiated divorce or annulment proceedings but the marriage has not yet terminated.

Marriage visa applicants who remain married at the time of the filing of the I-751 petition may submit a joint petition. Where the parties have completed the divorce proceedings or otherwise terminated the marriage, the beneficiary may submit a request for a waiver of the joint filing requirement and possibly obtain approval of the I-751 by demonstrating that the marriage was entered into in good faith.

However, those that are separated or in divorce proceedings whose marriage has not formally terminated ordinarily may not apply for a waiver or submit a joint petition. This memorandum provides guidance for such applicants. It provides that such applicants should be issued an RFE and permitted 87 days to provide a divorce decree or other evidence of termination of marriage. If unable to respond within the allotted time period with evidence of termination of marriage and eligibility for a waiver, a notice should be issued terminating the conditional residence.

Where such a notice of termination of conditional residence is issued, the beneficiary will be advised that the he/she may still establish eligibility for the waiver before an immigration judge in deportation or removal proceedings. The Notice to Appear (NTA) would be issued and the beneficiary will have the opportunity to establish I-751 eligibility during deportation in front of an immigration judge. [Review the Memo regarding I-751s Filed Prior to Termination of Marriage]

A July 20, 2009 Memorandum issued by the USCIS announces the resumption of premium processing for R-1 Religious Worker visas. Under the Premium Processing Service, the USCIS guarantees petitioners a response within 15 days of the submission of the application for an additional fee of $1,000. This program had been suspended due to the site inspection requirement imposed on religious worker visa application process.

With the resumption of premium processing for R-1 visa applications, beneficiaries may submit Form I-907 along with the application and an additional payment of $1,000. If the petition is not approved or other response is received from the USCIS within 15 days, the $1,000 fee will be refunded. For those petitions requiring a new site inspection, the USCIS cannot guarantee approval within 15 days. Applicants are encouraged to submit prior approval notices to show that their site had been previously inspected. This will result in an expedited application process.

[Review the Memo on Premium Processing For R-1 Visa Petitions]

The Department of Homeland Security (USCIS) has issued written guidance for its adjudicators on how to handle applications for naturalization/citizenship (N-400) by conditional permanent residents who may or may not have an application to remove conditions (I-751) pending with the USCIS. The memorandum directs adjudicating officers and examiners to review and adjudicate the I-751 Application to Remove to Conditions either before or at the same time as the N-400 naturalization application.

The officer adjudicating the N-400 naturalization application will obtain the I-751 application to remove conditions for the purposes of reviewing and approving it, if appropriate. The examiner will then complete processing of the N-400 naturalization application.

[Read the entire memorandum on N-400 and I-751 Applications]