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MarkDallasTX

I751 taking too long, Filed for N400 and marriage is falling apart

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Hi everyone, My US citizen spouse and I entered into good faith marriage but its falling apart. We are currently live together in Dallas,TX and getting marriage therapy but things are not looking good and getting ready to file for divorce.

 

My I751 is taking too long(15+ Months) so I have an expired green card and extension letter for 18 months. Extension letter expires soon and case status still says "Fingerprint Review Was Completed"

I already submitted form N-400 for naturalization and finished biometrics.


If I get an interview for I751, should I go? if I go alone, what would happen?
If I go alone, will my case be denied? If it doesn't get denied, will it be complicated and painful?


What are the chances of getting permanent green card at this point? I'm ok with applying for N400 later in the future but i want to know what are my chances for getting permanent GC? 

Does anyone have any similar experience? I'm also wondering if my case seems painful. 

 

Thank you in advance.

Mark.

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Posted (edited)

If you go alone to a joint filing interview then your I-751 would likely be denied, unless you switch to a waiver filing, which you can do at the interview. But you'd then be asked for a copy of your divorce documents that you presumably do not have yet. 

 

Your N-400 can still be approved provided your divorce isn't final before your oath date. If your divorce does become final before your naturalisation process is completed then at that point you would only be able to naturalise under the five year rule, and would no longer be eligible to file under the three year rule. 

Edited by Hypnos

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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Thanks for answers. I'm only worried about my current green card status. If I go to interview alone and switch to a waiver filing, what are the chances?  Are there a lot of people who succeeded this say? (Of course marriage was legit) 

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20 minutes ago, MarkDallasTX said:

Thanks for answers. I'm only worried about my current green card status. If I go to interview alone and switch to a waiver filing, what are the chances?  Are there a lot of people who succeeded this say? (Of course marriage was legit) 

An attorney would be the best person to advise you. However, a divorce waiver process needs to be started by writing to uscis asking it to switch your application to a divorce waiver category. 

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Provided you have proof that you entered into the marriage in good faith then it's unlikely there would be any issue.


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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15 hours ago, MarkDallasTX said:

Hi everyone, My US citizen spouse and I entered into good faith marriage but its falling apart. We are currently live together in Dallas,TX and getting marriage therapy but things are not looking good and getting ready to file for divorce.

 

My I751 is taking too long(15+ Months) so I have an expired green card and extension letter for 18 months. Extension letter expires soon and case status still says "Fingerprint Review Was Completed"

I already submitted form N-400 for naturalization and finished biometrics.


If I get an interview for I751, should I go? if I go alone, what would happen?
If I go alone, will my case be denied? If it doesn't get denied, will it be complicated and painful?


What are the chances of getting permanent green card at this point? I'm ok with applying for N400 later in the future but i want to know what are my chances for getting permanent GC? 

Does anyone have any similar experience? I'm also wondering if my case seems painful. 

 

Thank you in advance.

Mark.

If both of you had enter with good faith marriage and still  a little bit of  love ( understanding)  left between both of your, try to wait until your green card is approved  and as other suggested,  It is better to withdraw N-400  and wait to file again using 5 year rule and finalized the amicable divorce.

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14 hours ago, MarkDallasTX said:

Thanks for answers. I'm only worried about my current green card status. If I go to interview alone and switch to a waiver filing, what are the chances?  

As long as you have the final divorce decree to switch your existing joint filing to a waiver filing, exactly the same as before, as all I-751s are adjudicated on the evidence provided.

Divorce is not a reason for denial.


CR1 / DCF (London): 2012 / 2013 (4.5 months from I-130 petition to visa in hand)

I-751 #1- May2015 [Denied]

 

Early May 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
May 2015: Notice of receipt/1yr extension received, dated day of receipt. This was forwarded to me outside the US, and no issues re-entering multiple times.
June 2015: Biometrics completed - walk in / argument, stressing proof of imminent travel and multiple prior inconvenient appointments & reschedules.
May 2016: Vermont Service Centre updated to processing May 2015 cases, therefore my case is now classed as outside normal processing time
May 2016: Service request sent (whatever that is) after calling to find out why I am still waiting after 12 months. Unable to tell me anything.
May 2016: Letter received in response, stating processing is on hold due to 'pending security checks' with no other information. Not helpful.
May 2016: (7am) - Infopass appointment for I-551 Stamp in passport.  (8am) - Returned to USCIS office for another I-551 stamp after realizing the dumbass put the expiry stamp as 2015 not 2017. Two entire passport pages wasted. Cheers. 

Oct 2016: Infopass appointment (not at local office). USCIS have sent my file to an overseas office, in a country that neither myself or my spouse have ever resided in. It has sat there untouched for five months. Why? Who knows. Internal query requesting urgent clarification is sent by USCIS officer.  
Oct 2016: An identical 'pending security check'  letter received, addressing precisely none of my or the immigration officers legitimate queries. 
Nov 2016: Infopass appointment: My file is now back in the US and at my local office...no other updates or progress. 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'       Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance - enough is enough. 
May 2017: Yet another infopass. No updates, interview of further progress. Still no response from Congressperson, Senator, or Ombudsman received. 
June 2017: 68 days after contacting them, the Ombudsman finally contacted USCIS. 'It may take up to 60 days to receive a response'.   
July 2017:  A follow up enquiry sent by Ombudsman to USCIS after receiving no response or action after 45 days. I am Jack's complete lack of surprise. 
August 2017: 60 days has come and gone with no response from USCIS. Contacted the Ombudsman who will contact them AGAIN. 
August 2017: Email from Ombudsman - USCIS have scheduled an interview at the very end of August .  
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
September 2017: Now 4 weeks since interview, my file has not moved from the officers desk, and no decision is showing when I call and speak to a Tier 2.  
September 2017: Request filed for Senator assistance (a different senator - maybe I will get a reply & assistance from this one?). 
October 2017: 37 days since interview....and no decision.  W, and indeed, TF is going on???? 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS

I-751 #2 - Oct 2017 [Pending] 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  

October 2017: I-797C Receipt/extension letter received, dated day of receipt at VSC 

October 2017: Another I-551 stamp obtained at infopass appointment, as the extension letter is useless with a 2yr card that expired 2.5yrs ago! 

November 2017: Biometrics completed (early walk-in) 

N-400 Feb 2018 [Pending] 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February 2018: Biometrics completed (walk-in)

Mid - February  2019: N-400 Interview - unable to conduct, as pending I-751 was still in Vermont, despite case transfer notice having been received.

April 2019: Filed request for Senator assistance.

 

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16 hours ago, Hypnos said:

If you go alone to a joint filing interview then your I-751 would likely be denied, unless you switch to a waiver filing, which you can do at the interview. But you'd then be asked for a copy of your divorce documents that you presumably do not have yet. 

 

Your N-400 can still be approved provided your divorce isn't final before your oath date. If your divorce does become final before your naturalisation process is completed then at that point you would only be able to naturalise under the five year rule, and would no longer be eligible to file under the three year rule. 

If they file divorce at any time with pending N400, it will be denied even if the divorce is not final. Best to withdraw the N400.

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Posted (edited)
35 minutes ago, shapeshifter said:

If they file divorce at any time with pending N400, it will be denied even if the divorce is not final.

Untrue, as of a USCIS policy change towards the end of last year. 

 

Now you only need be in a bona fide marriage until the date of filing the N-400. You can file for divorce or separation after that, but it cannot be final before you take your oath. 

Edited by Hypnos

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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1 hour ago, Hypnos said:

Untrue, as of a USCIS policy change towards the end of last year. 

 

Now you only need be in a bona fide marriage until the date of filing the N-400. You can file for divorce or separation after that, but it cannot be final before you take your oath. 

If there was a policy change last then you might be right, but went through the same thing, by the time of my interview I had filed divorce, passed the interview, but the N400 was denied cause I nolonger qualified under 3yr rule.

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Posted (edited)

From USCIS' policy manual, Volume 12, Chapter 2, Section D-1 and D-2:

 

Quote

... spousal naturalization provisions require that the applicant “live in marital union” with his or her citizen spouse for at least 3 years immediately preceding the date of filing the naturalization application.

 

Quote

If the applicant ceases to reside with his or her U.S. citizen spouse between the time of filing and the time at which the applicant takes the Oath of Allegiance, the officer should consider whether the applicant met the living in marital union requirement at the time of filing.

 

Quote

A divorce or annulment breaks the marital relationship. The applicant is no longer the spouse of a U.S. citizen if the marriage is terminated by a divorce or annulment. Accordingly, such an applicant is ineligible to naturalize as the spouse of a U.S. citizen if the divorce or annulment occurs before or after the naturalization application is filed.

 

As I said, you only need to have been in a bona fide marital relationship up until filing the N-400, and provided any divorce isn't final before you take your oath then you can still naturalise under the three year rule. Once the divorce is final then you only qualify to naturalise under the five year rule.

 

This policy change went into effect in October of 2018: https://www.uscis.gov/sites/default/files/policymanual/updates/20181012-MaritalUnion.pdf

Edited by Hypnos

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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21 hours ago, MarkDallasTX said:

Hi everyone, My US citizen spouse and I entered into good faith marriage but its falling apart. We are currently live together in Dallas,TX and getting marriage therapy but things are not looking good and getting ready to file for divorce.

 

My I751 is taking too long(15+ Months) so I have an expired green card and extension letter for 18 months. Extension letter expires soon and case status still says "Fingerprint Review Was Completed"

I already submitted form N-400 for naturalization and finished biometrics.


If I get an interview for I751, should I go? if I go alone, what would happen?
If I go alone, will my case be denied? If it doesn't get denied, will it be complicated and painful?


What are the chances of getting permanent green card at this point? I'm ok with applying for N400 later in the future but i want to know what are my chances for getting permanent GC? 

Does anyone have any similar experience? I'm also wondering if my case seems painful. 

 

Thank you in advance.

Mark.

I can certainly understand how the long wait can be stressful and aggravating.  It can certainly strain a relationship.  My wife and I had more than our share, but once the AOS interview was over, the whole world changed for us!  Look at your relationship,  analyze what sets you both off on the other, the arguments, and are they all based on the length of time to get to the next milestone?    We suffered through 15 months, but the only advice I can give it wait it out,  and enjoy life and forget about all the BS on the filings until you have to focus on them.  My 2 cents worth.

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