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Filing for divorce while I-751 is pending

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Filed: AOS (pnd) Country: China
Timeline

Hi guys,

I filed for I-751 jointly with my USC spouse in September with quite a bit of evidence. We were "happily" married then. However, we may file for divorce sometime after Christmas. I'm not sure if it will be finalized before I-751 is approved. We do not have children so all that is concerned is money. I think we can work that out fairly quickly, it just depends on how long the judge takes to get to our case.

What should I do?

1. Do I need to amend the application as soon as I filed for the divorce? If so, how do I do that (and make sure they received my amendment)?

2. Can I wait until I received the final divorce decree before notifying USCIS? What if the application is approved by then?

What I am trying to do here is to avoid filing for another I-751 that could potentially confused the ISO or incur another application fee.

Thanks!! Any advice is appreciated.

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is it hard to just tell USCIS that you are filing for divorce? You should have done that when you submitted i751. Otherwise you might get your 10-year green card, but it would raise a red flag later on when applying for naturalization.

Edited by heairui

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Filed: AOS (pnd) Country: China
Timeline

is it hard to just tell USCIS that you are filing for divorce? You should have done that when you submitted i751. Otherwise you might get your 10-year green card, but it would raise a red flag later on when applying for naturalization.

It's not. However, at the time of the filing we were not thinking about a divorce. It was not an issue at the time.

I can write to VSC and inform them, but how can I make sure they indeed received it and made a note to my file?

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Filed: Lift. Cond. (apr) Country: China
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It's not. However, at the time of the filing we were not thinking about a divorce. It was not an issue at the time.

I can write to VSC and inform them, but how can I make sure they indeed received it and made a note to my file?

make an infopass appointment and submit the statement in person to an officer?

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Filed: Timeline

I don't think you are even required to notify USCIS of anything. However, much depends on your spouse's attitude.

You might get approved with no further contact. In that case, you haven't done anything wrong - all the information you submitted was accurate at the time.

If your spouse is supportive of your application, then if you get an RFE or are called for an interview, you can deal with the matters at that time. The evidentiary standard is the same, did you marry in good faith? Keep in mind that your spouse's endorsement will be far from definitive. As far as USCIS is concerned, it remains highly possible that the marriage was a sham from the start. You'll still need proof.

If your spouse is not supportive, you might want to change to a waiver filing. This requires some proof of an impending divorce. You do not need a final divorce decree. Proof that you have filed for divorce or are legally separated is adequate. At this point, your spouse is no longer part of the process.

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Filed: AOS (pnd) Country: China
Timeline

I don't think you are even required to notify USCIS of anything. However, much depends on your spouse's attitude.

You might get approved with no further contact. In that case, you haven't done anything wrong - all the information you submitted was accurate at the time.

If your spouse is supportive of your application, then if you get an RFE or are called for an interview, you can deal with the matters at that time. The evidentiary standard is the same, did you marry in good faith? Keep in mind that your spouse's endorsement will be far from definitive. As far as USCIS is concerned, it remains highly possible that the marriage was a sham from the start. You'll still need proof.

If your spouse is not supportive, you might want to change to a waiver filing. This requires some proof of an impending divorce. You do not need a final divorce decree. Proof that you have filed for divorce or are legally separated is adequate. At this point, your spouse is no longer part of the process.

My spouse is supportive. What I am worried about is if this would be a problem when I file for N-400.

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Filed: Timeline

I'm not very knowledgable about N-400. I do know that if you are not living with the same spouse who sponsored you for your initial green card, you are subject to the 5-year waiting period.

However, I think that once you have your 10-year green card, you are unlikely to be questioned again about the circumstances of your marriage unless some other "red flag" presents itself.

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Filed: Timeline

I'm not very knowledgable about N-400. I do know that if you are not living with the same spouse who sponsored you for your initial green card, you are subject to the 5-year waiting period.

However, I think that once you have your 10-year green card, you are unlikely to be questioned again about the circumstances of your marriage unless some other "red flag" presents itself.

I have come across many posts that suggest that they actually look at the overall relationship in the naturalization process even though they are filing on the five year rule... The OP should actually follow his strongest instinct in the situation.

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Hello All, 

I am going through divorce and I was concerned about the same issue. So far I haven't found any clear answer and one of my posts was removed for some reason. At the time of applying divorce wasn't in question, but there was a sudden high conflict situation whereby my husband showed his real personality. It turned out he has been lying to me about everything to marry me (past marriages, criminal records, children, military service, credentials, std's etc). It was highly traumatising for me to investigate these lies, but it became obvious very quick. Therapists branded it as a psychopathy and I was asked  to leave him and file for divorce. 

Here is the timeline: 

    - I-751 filed jointly on 4th August 2017 with all supporting evidence. 

    - Left the marital home on 24th of September and filed for Divorce on 27th. 

I would appreciate some advice on what to do. I have nothing to hide from USCIS, but I don't know what's the best way to notify the USCIS about this issue. I don't even know how knowledgable the USCIS officers are on the phone. They keep saying it's up to  you. 

There were no info pass appointments available for the past 3 weeks I have been checking. 

I spoke to 10+ immigration officers on the phone, explained the situation about my marriage and breakup, etc, but they tell me it's up to me to do anything about it (meaning notify USCIS by Info pass or writing in). At the same time, this divorce may take up to a year because my husband really has a pathological lying issues. He has even reported to USCIS that I married him for money and disappeared one day without a notice, which is a complete nonsense and it was actually the other way round, he married me thinking I am rich and to make him look good/normal (because he was a psychopath and in debt for thousands when he met me in London) and I did my research, wrote him a long letter upon leaving and he must have been floored that I found out all his lies and left. He was even telling me he had a son that died from a car accident and wife that died from breast cancer, that he served in the military for 22 years, all of which were lies (i was told he was pity playing to marry me). Not knowing who he was, I had a happy marriage for 2,5 years and it was bone fide, but this whole scenario would look bad on the whole application. 

Please let me know how or IF i should notify USCIS at this point. I submitted my fingerprints already but no other actions on the application yet. 

A couple of officers thought I could wait for my divorce paper before notifying USCIS, which makes sense to me, but again, I don't know how knowledgable they are. 

Thank you. 

Rosy. 

 

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I think it depends on how long it will take you to get the decree. I recently divorced and I notified USCIS after the divorce was final BECAUSE during the waiting period you can stop the divorce process if you reconcile or God only knows. 

A week after I divorced and USCIS received my documents I called them and talked to an immigration officer. I ask if there was anything else I needed to do. They told me that I had done everything I needed, as long as I send the divorce decree to the same Service Center where they were processing my application which I did. 

The documents I sent were: 

Copy of my NOA1

divorce decree

other evidence of good faith marriage. 


AOS:

Sent AOS Package: Feb 2014

Received Green Card: September 2014

ROC:

Sent ROC Package: Sep 2016

Approved: Feb 2018 

N400:

Filed: 7/9/19 online

Bios: 7/29/19

Interview: 12/10/19

Oath: 01/07/2020

 

July 2019  N400 spread sheet: https://docs.google.com/spreadsheets/d/19rv0w-Ls_-225a0AqzhsTObXb2DcT07oACpdIHhn9dE/edit

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