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

[MarkDallasTX 0]

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.

[Hypnos 6,576]

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 July 7, 2019 by Hypnos

[kline19 102]

Best thing would be to withdraw N400 until things become clear at your end. 

[MarkDallasTX 0]

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) 

[kline19 102]

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. 

[Hypnos 6,576]

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

[dilip 187]

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.

[mindthegap 2,521]

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.

[shapeshifter 14]

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.

[Hypnos 6,576]

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 July 7, 2019 by Hypnos

[JFH 12,189]

Maybe it’s the stress of immigration and paperwork that’s causing problems in the marriage? Maybe things will be better once this is all over.

[shapeshifter 14]

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.

[Hypnos 6,576]

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 July 7, 2019 by Hypnos

[Highmystic 234]

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.