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

[SilverLake 40]

OP is saying that her husband filed for divorce before her ROC was approved. Does it make a difference though? I thought we'd need to notify USCIS if a divorce has been filed (meaning it doesn't have to be finalized yet) while ROC is still pending. I know her case has been approved, but it was approved after the divorce was filed if I read her words correctly.

 

Correct me if I'm wrong. I'm just looking for clarification also.

[Villanelle 4,121]

22 hours ago, axmg said:

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.

 

You need to notify USCIS.

I know most of the other advice in the thread is saying otherwise however I do not believe they read your post accurately.

 

You filed a joint petition with your husband. It was approved early March with out USCIS knowing a divorce had been filed in January. This can cause you HUGE issues down the line if/when you file for naturalization. 

 

I understand the attnys position that you are approved so theres no need to file ROC with a divorce waiver. (you cant/wouldnt file if youve been approved) However this does not mitigate the fact that you were approved with out USCIS knowing all the relevant info to your case. (there have been people in this situation who did what you did, filed divorce and did not notify USCIS of the change in maritial situation and were approved w/o interview and then had trouble when naturalizing and USCIS realized what happened). You can find such cases by using google and show them to your attny- however if you need to do research and present things to your attny then they probably arent that good of an attny. 

 

So what you can do is find another attny or try to handle it yourself. You can go to an infopass and explain what happened (that you were preparing a waiver packet since things changed and were approved before you submitted it) and they MAY be able to notify the adjudicator that approved you so they can update the file. (they would basically reopen it- enter in the changed info and if your husband is still willing to remain on the joint petition they can approve it. If he is not then it would be switched to a waiver and you would need the decree to be approved.) I know in PA divorces can take a very long time so you are most likely going to have to end up in immigration court to present it. I know this sounds like opening a huge can of worms for yourself and honestly it is. But the other option is to remain silent and say nothing and hope when you naturalize they dont look at the date the divorce was initiated. Because if they do you'll have huge problems. I dont know for sure they will look at that date- but it has been documented that they have and can. 

 

You could also send a letter to USCIS or use the phone system or online case inquiry tools. Personally I prefer dealing with people. Again if your attny is not agreeing with this and you really want to use one- try another attny. 

 

 

[mallafri76 1,012]

1 hour ago, JonasSobieski said:

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?

Nope, the three year rules applies if you're married to the same person