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N400/I751 combo submission - Interview date 5/30/19 - considering divorce today 5/13/19...

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Hi VJ,

 

I'm in an incredibly difficult situation and pray to the god that I can get some help from you all @mindthegap @username_taken (tagged you two because would love to have your well-versed experience on this). I filed I-751 as joint petition on 5/20/17. I haven't heard back for 1.1 year for my I-751 and my window 3-year for N-400 opened (original GC was 8/2015) so I submitted N-400 paperwork in June 2018. Now 4/25/19, I received a notice for my Interview N-400 on 5/30/19. Here's where it got me stressed out:

 

My US spouse and I had a huge fight this Mother’s Day. We even agreed that we’ll file divorce immediately the next Monday: taking my name off his health insurance card, take his name off our Auto/Renters Insurance plan, change his ID immediately back to his house, change his number and won’t contact me ever again – basically doing everything to cut ties with me the sooner the better. Our marriage lasted 4.5 years if I filed divorce this month. Our relationship would be 7 years. 

 

Question: even though my Interview is only pertained to the N-400 application (according to the USCIS letter, there’s nowhere in there mentioning anything about my I-751), most likely this will be a combo interview. At which what should I say at the interview:

 

Option 1: come there innocently as N-400 interview, when asked where is husband then said that he didn’t know that he was needed so he didn’t come => ask for another interview date to buy time to file for divorce and the divorce-based waiver added on the existing joint I-751.

 

Option 2: reveal that we’re starting divorce process 2 weeks ago and ask for my file to be switched to single-filing right there and then with the officer.

 => What kind of divorce-related paperwork now that I need to submit additionally with this? Don’t think I would ever get a written affidavit out of my US spouse as he’d like to cut all ties with me as soon as we file for divorce.

 

Option 3: miraculously somehow husband will cooperate to be there for Interview, get our I-751 passed then file divorce in June which will be finalized in August (TX takes 61 days to produce a divorce decree).

=> This is a very risky choice because I don’t know what he will say to the officer when they interview us separately - he might sabotage my case by revealing some untrue things about me when being interviewed and hurt my case more than me eliminating him out of the entire process by filing for divorce.

 

Here’s what we filed for I-751:

  • Joint apartment lease since 2016 until 2019
  • IRS tax transcript since 2014-2019
  • Joint WF bank account statements: checking – here’s where it got tricky though – there are money out from both cards (his and mine) but only shows deposit from my work salary there but not his. Would this be something USCIS will look at when interviewing me?
  • Insurance card with him as Card Holder and me as Dependent for 2 years 2018-2019
  • Life Insurance with each other as beneficiaries since 2016-2019
  • Various pics from 2012-2019 from when we first dated (7 years relationship)
  • Phone statement shows that we call each other every day
  • Phone bill together since 2014
  • Auto insurance + Renters insurance
  • $5K loan together with both our names to Houston Federal Credit Union
  • Affidavit from his brother and our friend – I submitted the notarized version but I didn’t scan the letter to have a digital file with me. Do I need to notarize these again for this interview?

 

I’m extremely stressed out with this divorce possibility but if it did happen I’m then able to finally get away from this horrendous marriage and be free at last. I was prescribed with depression and have had many anxiety attacks with this marriage for many years now.

 


May 2017: ROC package sent

6/3/17: Check cashed by USCIS

6/9/17: Biometrics Notice sent

6/28/17: Biometrics Appointment completed

***NEVER RECEIVED THE NOA1 - Extension letter for another year (probably got lost in the mail or USCIS  never sent it by mistake?!)

2/13/18 at 11:10AM: Infopass appointment schedule to have 1-year stamp on birth country passport

Reminder: to file for N-400 form starting from 5/15/18 and onward as 90 days before 3-year anniversary

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hi

 

if you are filing for divorce, then you are no longer qualified for the N400 at 3 years of being a GC holder, you have to show proof of bona fide marriage at your interview. if you filed for divorce, then you will be denied the interview and you will have to prove that your marriage was bona fide

 

you will have to withdraw your N400 and if you get your 10 year GC, you will apply 90 days before your 5th year of being a GC holder

 

 

 

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29 minutes ago, aleful said:

if you are filing for divorce, then you are no longer qualified for the N400 at 3 years of being a GC holde

This is not correct.

 

Per a change in the USCIS policy manual, when filing under the three year rule you only have to have been in a bona fide marriage up until the point of filing the N-400. After that, you can file for divorce or separation, but you cannot be actually divorced before the N-400 is approved and you take the oath.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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17 minutes ago, Hypnos said:

This is not correct.

 

Per a change in the USCIS policy manual, when filing under the three year rule you only have to have been in a bona fide marriage up until the point of filing the N-400. After that, you can file for divorce or separation, but you cannot be actually divorced before the N-400 is approved and you take the oath.

Here is the link from USCIS

However, please note that USCIS is often run by human, not by manual, so it is better to print this guidance and throw it at the officer's face if the officer is not sold on the new change, meaning that "Bring your lawyer and if the officer is not really following the manual, your lawyer is there to remind specific CFA and citation such as this". 

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And that policy memo is itself incorporated into the USCIS policy manual here: https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-2 (D-1: "Married and Living in Marital Union").


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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