Divorce while i751 pending

[Bebe1 78]

On 6/16/2018 at 3:12 PM, Jameson78 said:

Well, the 5 year rule has nothing to do with how long you have been married. It is 5 years since you became a permanent resident. So I repeat: DO NOT file for citizenship on the basis of marriage to a US citizen under the 3-year rule, if you are getting divorced. Wait until you have been a PR for 5 years. Trust me on this.

Hello Jameson78, 

 

While on this topic, i have a friend who was approved (ROC) a couple months ago. She was separated (physically, but not legally) from her spouse for a short period of time (due to marital issues), and now they have worked things out and she's moving back w/her spouse this month. She wanted to know if she can file for the n-400 under the 3year rule but was confused because of the short period of separation. 

 

I am of the opinion that she shouldn't, as they count for continuous residence with spouse for that 3 years of the PR period and she is short some months due to the period of separation (due to some marital issues). I know there is no straight answer to this especially since if she applies for n-400, the officer will ask for the gap in her residence and review her file based on that. depending on who she gets, that may be a no no or yes maybe, we will approve pending further investigation.

 

Not sure what other vj'ers think and wanted to throw the question out there in case anyone had an input.

 

Should she file under the 3 year rule or wait to file under the 5 year rule. 

Edited June 18, 2018 by Bebe1

[Bebe1 78]

Just now, geowrian said:

The requirement under the 3 year rule is that you must be an LPR for the 3 years prior to filing AND married to a USC for that same 3 year period while in marital union. So if somebody was legally separated or divorced during that period, then they won't qualify. If they weren't legally separated but physically lived apart on a non-temporary basis (i.e. living apart due to school or work or other temporary reason is permitted) then the marital union piece of it is not met.

Yea, i told her to play it safe and apply under the 5 year rule. Lesser requirements at that point especially since they are working towards being the marriage. 

 

Good to know someone has the same sentiment as me.

 

Thanks!

[Jameson78 32]

On 6/18/2018 at 10:28 AM, Bebe1 said:

Hello Jameson78, 

 

While on this topic, i have a friend who was approved (ROC) a couple months ago. She was separated (physically, but not legally) from her spouse for a short period of time (due to marital issues), and now they have worked things out and she's moving back w/her spouse this month. She wanted to know if she can file for the n-400 under the 3year rule but was confused because of the short period of separation. 

 

I am of the opinion that she shouldn't, as they count for continuous residence with spouse for that 3 years of the PR period and she is short some months due to the period of separation (due to some marital issues). I know there is no straight answer to this especially since if she applies for n-400, the officer will ask for the gap in her residence and review her file based on that. depending on who she gets, that may be a no no or yes maybe, we will approve pending further investigation.

 

Not sure what other vj'ers think and wanted to throw the question out there in case anyone had an input.

 

Should she file under the 3 year rule or wait to file under the 5 year rule. 

To be honest, I don't know the legal/procedural answer to this. But if it were me, I'd simply wait a couple of years to play it safe. What's to lose? Or alternatively, what's to gain by trying to accelerate it, and risking falling afoul of them? 

[LoveAlways2 90]

As mentioned before, no need to notify now since divorce is not even filed. Also agreed that you do not qualify to apply for citizenship with the 3-year rule, you will need to wait 3 more years to apply under the 5-year rule. 

 

I went through the same thing. Applied for ROC jointly then divorced in the middle of the process. This is what I did:

1. moved out and changed my address on USCIS

2. when divorce was final I sent the divorce decree to the service center

3. after 3 weeks I called to make sure they received my documents, she told me I had done right by calling and that I should call back later

4. I called 60 days later I talked to a tier 2 officer who put a request on my case to make sure documents were received

5. received a letter saying that all my documents were put with my file to be reviewed

6. received my green card 

 

Now I am just waiting to apply for citizenship under the 5-year rule.

[David... 2]

On 6/16/2018 at 3:55 PM, little immigrant said:

Hi my situation was similar. We filed for ROC jointly but then we separated. I didn't do anything but wait. Thankfully I didn't get called for an interview because I'm sure he would have sabotaged it by not showing. After I received my 10 hear GC I tried to work out the marriage for one more year but then filed for divorce. I naturalized under the 5 year rule. I hope everything is going well with you and your application. 

Hi ...actually i m also going through same situation... in our case i m the petitioner and we filed jointly but thn after sm months we were separate but not legally.now its been a year we are not able to get together again & nobody file divorce whn i ask her she doesn’t tell me anything like wht to do either divorce or together again... the question tht i wanna ask is should I inform the situation to Uscis or should i do nothing & wait for i751 approval/Rfe. or should i go ahead and file for divorce and thn inform Uscis just to protect myself? Answer will be really appreciated & thanks in advance?

[santiagosilva 8]

Any updates on anyone's case?

[ThousandMoreSteps 50]

12 minutes ago, santiagosilva said:

Any updates on anyone's case?

I got my ROC about 6 weeks after posting. We're giving things another go, so this doesn't apply to me anymore!

[santiagosilva 8]

2 hours ago, ThousandMoreSteps said:

I got my ROC about 6 weeks after posting. We're giving things another go, so this doesn't apply to me anymore!

Boooo!! haha jk!  Congrats!  

[Brunosss 3]

I filled my I751 in June 2017 and in May 2018 unfortunately my relationship was over. We filled for divorce in March 2018 and in May 2018 we were legally divorced. I sent the final divorce decree and more support documentation as a letter explaing why the relationship was over, medical documents ( I was having some counseling with a psychologist) and the amicable term that we filled with an attorney. Today, I received a RFE asking me to amend the application. No other document was requested.

Of course this is new for me and I have a thousand of doubts.

Has anyone been through this process before? How was it? Should I send more documents? If yes which ones? Since I have sent many documents and everything that I had I already sent.