I want to notify uscis about my divorce but my attorney advised me otherwise

[axmg 0]

My citizen husband filed for a divorce in January of 2017; he's dating another woman. We're not officially divorced yet (we live in PA). I just got news from the attorney who helped with my case that my application for 10-year green card has been approved and i should get the physical card in the mail within 60 days. Couple weeks ago, I found a new attorney who was going to help me with the waiver and we've been gathering evident to give to uscis that my marriage was legit. And she told me that she's very confident that my case would be approvable. But now that i got my 10-year green card, she said we don't have to file for waiver anymore. However, I think she should still help me notify uscis that my husband and I are getting a divorce so it'll be easier for me for when i apply for citizenship in couple of years but she told me to wait until i apply for citizenship. I don't get it. What should I do now? I still think I need to notify uscis after my divorce is finalized in May 2017. I don't want to get into trouble with uscis when I apply for citizenship or have my green card revoked because my marriage is legit.

[Hayder 22]

you said you are not officially divorced so there is no use of noifying them now, also they granted you the GC, just wait for it to arrive and then you can do what you want, you will be able to apply for citizenship after 5 years not 3.

[Jawaree 717]

As long as you has a bonafide marriage theres nothing to worry

about, there is no need to notify uscis

[geowrian 22,335]

I don't say this too often here, but your lawyer is right. There is no obligation or reason to notify them of your divorce after ROC. When you eventually go for naturalization, you can include the divorce in there.

[axmg 0]

Thanks everyone! My husband doesn't want me to keep his last name after the divorce. So can i change my last name back to my maiden name after the divorce (after May this year)? because if I change my last name on driver's license and SSN card, I will have to change last name on the green card as well, I don't want to complicate things if not necessary. Or should I wait until I become a citizen? I'm very confused right now.

[booga-boo 53]

Correct me if I'm wrong...... but what he wants shouldn't matter. If it was me I wouldn't change it until I apply for Citizenship. 

[f f 725]

you can keep the last name if you want. if you don't care use it as a bärgning chip to get more from him in the divorce settlement.

 

good luck

[Rc123rc 528]

What your husband wants doesn't matter. You have the decision to keep his last name or not. You are within your rights to keep the name and you shouldn't notify USCIS. Just list "divorced" when you apply for naturalization in 5 years.

[Mollie09 1,543]

You can file an I-90 with the divorce certificate and change your name.

[neilsqueen 433]

Hold up...he is divorcing you and already has a girlfriend and wants you to change your name??!! Ah NO!  If it were me I would say ok i will change it and keep his last name and hyphenate my maiden name with it!!!  Who does he think he is?  He has absolutely no legal or moral right to tell you that you have to change your name.  He does not own you.  Total control freak!  Sorry, but this really burns me up and I don't even know the guy.  I can't stand people who think they are entitled to run others lives. 

[Hope&Love 38]

Not only you can keep the last name, you also can ask him for financial support since you're still under affidavit of support until you become US citizen. 

[Lane O 38]

Hi, there is no need to notify USCIS. I got my 10 year green card on 2011 and we were separated around 2012 and officially divorced 2015, I'm currently waiting for my naturalization interview, I filed based on my 5 year residency and I'm changing my name back to my maiden since I'm currently still using my ex-husband name, you have an option of changing your name once you applied for citizenship. 

 

Once you filed you citizenship based on 5 years residency, you will just need to send your divorce decree together with you citizenship application. 

[JonasSobieski 17]

Hypothetical question here. Since she's getting divorced, she has to wait 5 years to apply for citizenship instead of 3. What if she marries another USC. Would she be able to file in 3?

[Jeanne Adil 1,651]

i know in some states there is a fee paid for with the divorce papeh (as in NY state fee is $70)  to change your name back / check about this in PA

and like others said "you are allowed to keep his last name and doesn't matter at this point what he thinks or wants"

forget his wishes and take care of what you want but if you change back, and there is a fee, make him pay it

so sorry for your issues

5 years now to citizenship / it will go faster than you think

the reason some keep former spouse name is in matter of children / makes it a lot easier for schools and other issues

you do not mention any kids but i thought in case there is one, know this

 

 

[axmg 0]

Thank you very much everyone for all the helpful advices!