PLEASE HELP!!! I-751 pending and divorce

[wololo 28]

1 minute ago, cqqzj said:

 

 

so , basically my lawyer told me I do not really need to do anything right now because "separation " does not mean a final divorce, and the USCIS does not say they have to know separation, they said on website they only needs to know if we are divorced.  

 

 

This is what I believe too, USCIS doesn't care if you are separated or not, they only care when you start divorce proceedings (so they can RFE and change to divorce waiver) and when your divorce is final.

[Villanelle 4,121]

7 minutes ago, cqqzj said:

I am in the same situation, what is worse is I am in NC and it requires ONE year of separation in order to start divorce process. We filed 751 back in June 2017, and we are separated Jan 2018, I wont be able to get divorce until Feb 2019 NEXT YEAR.  I am a Vermont filer, so I will most likely hear  from USCIS June this year, either approval or interview.  so this is my laywer told me

 

1 best scenario, I got approved this JUne without any interview, I don't need to do anything. because separation does not mean divorce, it could be we just are working on problems,  and USCIS only needs to know a status change if we are formally divorced. to USCIS, the only thing matters to them is divorced or married, separation is still "married" even in the future at N400, since I wont be divorce until next year 2019, so getting 751 approved in June 2018 will not create issues for N400. I can jusy simply say we were still working on the problems during the year of separation, and was hoping to repair marriage, although it failed.

 

2 worst scenario, I get interview this June, and husband will not go with me, I need to show up my self and ask for a divorce waiver, by that time I wont have my final divorce till next year, so they will give me 87 days to acquire it, but I will fail to provide, so they will deny my greecard and put me to immigration court, normally it will take 6 months for a judge can see you, that will give me enogh time to abtain a final divorce paper work.

 

so , basically my lawyer told me I do not really need to do anything right now because "separation " does not mean a final divorce, and the USCIS does not say they have to know separation, they said on website they only needs to know if we are divorced.  

 

 

Im sorry you are in this situation. 

 

I have to say I disagree with your lawyer in some aspects. Dont get me wrong, everything he told you is correct- its just not the whole picture. Yes it is true USCIS does not have a 'status' for separated or pending divorce, and no where does it state you must notify them. However with that said there have been people who have NOT notified them of the change in circumstances and have had serious problems when attempting to naturalize later on due to USCIS not having all the info when they were approved. These cases are documented online. I believe Charmander has a link to a VJ member this happened to. Perhaps your attny does not follow current immigration cases/issues. Perhaps they do but they dont care. Some attnys just go by the exact letter of the law- in which case you are not required to notify them. The only thing I can say is sometimes what happens in reality is different then what the letter of the law states or does not state. So it is always my advice on here to advise them of the change in circumstance before you get approved w/o interview to avoid additional problems. 

[Villanelle 4,121]

17 minutes ago, ElDuderino said:

My spouse and I separated a few months ago, we filed together and we are still in good terms and we haven't talked about divorce or anything. I'm sure they won't mind coming to an interview with me.

 

Should I inform USCIS that we are not together anymore even though we don't have plans to divorce yet? or should I inform USCIS until we start with the divorce?

It is my opinion you should notify them if there is a change in circumstance. When you file jointly you are claiming to be together. If that has changed (even if theres no formal separation agreement or divorce filed or approved) I believe you should notify them of the change of circumstances/. As I posted above people have had issues when not notifying USCIS about the change even though the change is not one 'recognized' by USCIS as a relationship status nor is it required to be told to them on any official source. The closest thing is the memo posted in this thread which states (paraphrasing) IF the service center becomes aware of divorce/separation then they follow this procedure. No where does is state the how they became aware or requires you to make them aware. But they have a process for when they become aware. 

 

I am not an attny nor an employee of USCIS. I believe everyone should do what they feel is best for them and have all the info needed to make that decision. Based on others (bad) experience it is recommended to notify USCIS asap to avoid issues.

[cqqzj 3]

1 hour ago, Damara said:

Im sorry you are in this situation. 

 

I have to say I disagree with your lawyer in some aspects. Dont get me wrong, everything he told you is correct- its just not the whole picture. Yes it is true USCIS does not have a 'status' for separated or pending divorce, and no where does it state you must notify them. However with that said there have been people who have NOT notified them of the change in circumstances and have had serious problems when attempting to naturalize later on due to USCIS not having all the info when they were approved. These cases are documented online. I believe Charmander has a link to a VJ member this happened to. Perhaps your attny does not follow current immigration cases/issues. Perhaps they do but they dont care. Some attnys just go by the exact letter of the law- in which case you are not required to notify them. The only thing I can say is sometimes what happens in reality is different then what the letter of the law states or does not state. So it is always my advice on here to advise them of the change in circumstance before you get approved w/o interview to avoid additional problems. 

 

 

Thank you so much for your reply! your point is legit and I think it is worth thinking about. If I send a letter to them right now and notify them we have separated but not divorced, will they give me REF and ask for a divorce decree within 87 days?  my problem is I cannot provide that until next year because our state has to separate for 1 year to divorce. My only fear is after they know I am separated, they will request a divorce decree within 87 days which I cannot provide, that case I will be deny the green card for sure......

 

If I send them a letter right now, what could happen,  a REF and interview? what if my husband will not go with me and I cannot provide a divorce decree either..... Thank you in advance!

[cute-cactus 0]

12 minutes ago, cqqzj said:

If I send a letter to them right now and notify them we have separated but not divorced, will they give me REF and ask for a divorce decree within 87 days?  my problem is I cannot provide that until next year because our state has to separate for 1 year to divorce. My only fear is after they know I am separated, they will request a divorce decree within 87 days which I cannot provide, that case I will be deny the green card for sure......

 

If I send them a letter right now, what could happen,  a REF and interview? what if my husband will not go with me and I cannot provide a divorce decree either..... Thank you in advance!

I am having the same timing issue than you cqqz

• Here was my post/question about it:

• Quote

  We sent the joint petition I-751 in California, so technically, the USCIS from California should know that a divorce process takes at least 6 months to be finalized and then get the decree. 

  It is really possible to get a RFE quickly after I sent them a letter saying that we are in a divorce process? Because, 87 days are enough to provide evidence of a bona fide marriage, BUT not enough to provide the divorce decree. 

   

  Should I wait a few months before sending them a letter? In that way, it would allow the divorce to process. 

  Should I hire a lawyer? (I am a student, and don't have any income...)

  Can you really be approved in this type of situation? Is there hope?

  2

   

 @Damara, mindthegap, any insight, idea?

 

[Scazy 78]

2 hours ago, Damara said:

 it is true USCIS does not have a 'status' for separated or pending divorce, and no where does it state you must notify them. However with that said there have been people who have NOT notified them of the change in circumstances and have had serious problems when attempting to naturalize later on due to USCIS not having all the info when they were approved. These cases are documented online. I believe Charmander has a link to a VJ member this happened to. 

Hi Damara! This makes me a bit confused. I saw threads myself here on VJ where applicant indeed had a problem during n400 because they fail to inform USICS that they divorce before i751 is approved . It totally makes sence as they not quality for joint roc at this point. 

But, I never seen a problem with m400 in a situation (and I did extensive research in a past), where a couple remain married and gets joint  roc approval, even through they are  technically separated.

i totally don't follow how USICS knows about the marriage issues that's happening  while both are still married and how exactly that may trigger a problem at n 400? For example A is approved without RFE or interview and going to n400 interview under 5 year rule being already divorced my that time, IO asks A when divorce took a place and A tell a date past roc approval, IO asking for a reasons of divorce and A replies about relationships not working out past year, yet they tried to make it work but it's just didn't happen. 

What possible trouble that may cause with N 400 considering they NOT divorcing before 751 approval?? 

Please share your point of view on this situation 

Edited March 8, 2018 by Scazy

[wololo 28]

8 minutes ago, Scazy said:

Hi Damara! This makes me a bit confused. I saw threads myself here on VJ where applicant indeed had a problem during n400 because they fail to inform USICS that they divorce before i751 is approved . It totally makes sence as they not not quality for joint roc. 

But, I never seen a problem with m400 in a situation (and I did extensive research in a past), where a couple remain married and gets joint  roc approval, even through their technically separated.

i totally don't follow how USICS knows about the marriage issues that's happening  while both are still married and how exactly that may trigger a problem at n 400? For example A is approved without RFE or interview and going to n400 interview under 5 year rule being already divorced my that time, IO asks A when divorce took a place and A tell a date past roc approval, IO asking for a reasons of divorce and A replies about relationships not working out past year, yet they tried to make it work but it's just didn't happen. 

What possible trouble that may cause with N 400 considering they NOT divorcing before 751 approval?? 

Please share your point of view on this situation 

You are correct. The cases Damara mentioned that had problems with N400 happened because they actually got divorced and failed to inform USCIS before they got their RoC approved.

 

If you read carefully all the USCIS clauses they never mention anything about being separated and having to inform them. They do mention though that if you start divorce proceedings, or you get a final decree, you should inform USCIS, so they can amend the form and/or do an RFE.

 

If you are still married, and get called for an interview, try to bring your spouse with you, and explain everything to the officer. That's what I plan to do.

 

I would like to hear @mindthegap opinion on this.

Edited March 8, 2018 by ElDuderino
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[cqqzj 3]

1 hour ago, Scazy said:

Hi Damara! This makes me a bit confused. I saw threads myself here on VJ where applicant indeed had a problem during n400 because they fail to inform USICS that they divorce before i751 is approved . It totally makes sence as they not quality for joint roc at this point. 

But, I never seen a problem with m400 in a situation (and I did extensive research in a past), where a couple remain married and gets joint  roc approval, even through they are  technically separated.

i totally don't follow how USICS knows about the marriage issues that's happening  while both are still married and how exactly that may trigger a problem at n 400? For example A is approved without RFE or interview and going to n400 interview under 5 year rule being already divorced my that time, IO asks A when divorce took a place and A tell a date past roc approval, IO asking for a reasons of divorce and A replies about relationships not working out past year, yet they tried to make it work but it's just didn't happen. 

What possible trouble that may cause with N 400 considering they NOT divorcing before 751 approval?? 

Please share your point of view on this situation 

 

I second your post. I think if a person got divorced already before she/he received 10 years card, then she/he will have a problem at N400. but if when she got the green card while she is still separating (working on the marriage), I don't think it would cause problem with N400.

[NikLR 13,220]

2 hours ago, cqqzj said:

 

 

Thank you so much for your reply! your point is legit and I think it is worth thinking about. If I send a letter to them right now and notify them we have separated but not divorced, will they give me REF and ask for a divorce decree within 87 days?  my problem is I cannot provide that until next year because our state has to separate for 1 year to divorce. My only fear is after they know I am separated, they will request a divorce decree within 87 days which I cannot provide, that case I will be deny the green card for sure......

 

If I send them a letter right now, what could happen,  a REF and interview? what if my husband will not go with me and I cannot provide a divorce decree either..... Thank you in advance!

If you don't respond to the RFE they send you before an immigration judge and you explain the situation.  Judges are generally pretty forgiving knowing that some states have weird requirements for divorce.  As long as the divorce was proceeding, you wouldn't be outright denied residency. If you were still just separated and the divorce hasn't even been started yet, they're going to wonder why the heck you changed to a divorce waiver.  if your ex wants to divorce now, it's fine.  Stop holding him back due to your immigration.  That's not fair.  He has the right to divorce you if he doesn't want to stay married.  

 

one major thing to remember about divorce, the person who INITIATES the divorce, generally has the upper hand.  The other person is often stuck responding to demands vs making the demands. 

[NikLR 13,220]

Also honestly think about this... If you're staying married, just to get the 10 year card, but are separated... How does this look?  Objectively it looks like you married for immigration purposes. This is where the problem lies moving forward.  Divorce right after you get the 10 year card, from an outside viewpoint, that's also suspicious. 

[Scazy 78]

1 hour ago, NikLR said:

Also honestly think about this... If you're staying married, just to get the 10 year card, but are separated... How does this look?  Objectively it looks like you married for immigration purposes. This is where the problem lies moving forward.  Divorce right after you get the 10 year card, from an outside viewpoint, that's also suspicious. 

It looks totally fine to me. Decision to get divorce is a very serious step for majority of legit couples and not much people are running to file divorce when things go sour in a marriage. It's normal and I don't see anything suspicious about not cutting all the ties after separation and take time to be on your own to figure out if that's marriage could be repaired or not. 

I still don't see ANY legal problem or problem whatever except extra questions on your interview for n 400 if your divorce happens to be soon after roc. 

Would it raise extra questions about marriage? Possibly. Can you handle it? Surely. 

I wont believe that you can get denied for n400 solely because your divorce happened shortly after roc. Do you? Have you heard of denials like that? 

Even less I believe that such divorce would trigger placing you in a danger of revocation of residency and investigations. Investigate what? What a marriage didn't worked out and simply that fact overcomes all evidences you sent for approval? 

So replying on your question, yes a divorce shortly after roc ( and my shortly it's still MONTHS ahead) might raise a questions at n400. But would it lead to denial or revocation? No way. 

 

[NikLR 13,220]

I was pointing out how it can look to an outsider, especially one whose job it is to be suspicious to the OP.  You can agree or disagree all you want to.  I do not agree with taking divorce lightly at all.  However once you separate, I've only known ONE couple my entire life that have gotten back together after a separation. 

Edited March 9, 2018 by NikLR

[Ali7 7]

Thank god I found this @cute-cactus I'm going THROUGH THE SAME THING as you! and I'm freaking out, I don't know what to do.

 

My husband and I apply applied jointly for I751 on October, 2017. I never got a biometrics appointment (as many October filers didn't either) so on January 2018, I called USCIS and opened an inquiry case. 15 days later, they send me an email saying "Thank you for your inquiry regarding an appointment to have your biometric images processed at an Application Support Center. We are, unfortunately, experiencing a longer processing period than what is reflected on your Form I-751 Receipt Notice for this process..." so I let it like thats.

 

Now, it says that my case has been transferred to my local office ( probably means that we are gonna get and interview that I have to wait till March 29th to hear something back from them and then I can open another case inquiry) from California service center. A few people from July and October 2017 got approved without biometrics, or interview or anything and their case was transferred to their local office as well. 

 

Now, my problem is that right now we are about to file for divorce (probably after march 29th). in my state, I can get my divorce whiting a month if it ends in good terms like our marriage. we love each other but we can't just be together.

My husband is willing to go with me  to the interview, if we get one, to explain them everything. But what if they approved me already and they send me the GC before the 29th of march? what should we do? should we wait to get divorce, should we notify USCIS about our thoughts since we haven't even started the divorce process yet? what if I get an interview and I go with my husband? can I ask them to switch my jointly to a waiver right there? what are my changes to get denied? 

 

I’m literally in tears and freaking out! I’m just looking for an advice from people who’s been through the same thing as me because I don’t know what to do. Maybe @Damara would be able to give me some clarity and help me to make my next step in the smartest way. 

 

Thank you guys!

 

Edited March 9, 2018 by Ali7

[Scazy 78]

7 hours ago, NikLR said:

I was pointing out how it can look to an outsider, especially one whose job it is to be suspicious to the OP.  You can agree or disagree all you want to.  I do not agree with taking divorce lightly at all.  However once you separate, I've only known ONE couple my entire life that have gotten back together after a separation. 

Right but being suspicious is not the same as having a real issue down the road because in this particular situation  roc happen to be approved a while ago based on solid evidences and it's def not a good enough reason to deny n400 simply because divorce happened shortly after roc. 

I was wonder if you have more insight than I can see in this or maybe you know cases where it's indeed caused the problem, that would be good to know for sure. 

[NikLR 13,220]

I never said it would be denied because of that in any post.  There is a red flag and you have to acknowledge it existing.   Beyond that I dont really care about the N-400, mostly it's the suspicious nature of staying married for a green card for ROC that I am pointing out for the OP since that is their concern.  As someone who has no intent on naturalizing I cannot comment very much on the N-400.   That discussion is in an entirely different forum as well. 

 

If you want you can start your own topic for your case vs thread hijacking? 

Edited March 9, 2018 by NikLR
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