Need help, please. I-751 was approved but failed to inform USCIS.

[kazunzun 0]

Hello,

 

Here's my situation.

I applied I-751 jointly in July 2018 but things didn't go well after that, so we filed a divorce and granted in August 2018.

I was waiting to get REF to submit my divorce decree but instead, my I-751 was just approved few days ago...

I know I should've informed them as soon as my divorce was final but I just didn't do it... (I know it's my fault).

I don't plan to apply for a citizenship but want to change back my last name..

I consulted a lawyer but he said since I'm already approved, there's nothing I can do...

I was told that I should change back my last name after few years and should be fine.

I believe if I ever apply for citizenship (which I don't plan to at this moment), the fact I didn't inform them would be a problem.

 

If anyone know any information, please share. 

 

Thank you so much.

 

[Dashinka 24,594]

This is an interesting one as the ROC was approved erroneously since the divorce was final prior to the approval.  I am not sure what you would do at this point, but you may want to talk to more than one immigration attorney to get multiple opinions.  You are right to be worried that this could come back in a negative way if you ever decide to naturalize.

 

Good Luck!

[kazunzun 0]

I'm asking few other lawyers but they are not that familiar to this situation... 😭

[Burnpro23 37]

I can't understand how this happens. What does uscis really check on our applications? I though checking marriage/divorce databases was standard procedure. I guess they don't really do much background checks and approve everybody with no issues

 

What you should do is try to get a good lawyer to help solve this issue as you might get citizenship denied later on 

Edited December 6, 2019 by Burnpro23

[ZirZai 36]

You should have informed about the divorce immediately,  you were divorced 1 year and 4 months back and just now received the approval   ( it was not missed by days but over an year)

Years later it would look like you hid the fact of the divorce that made getting the 10 years green card easy. It may get you into trouble, definitely get a lawyer. 

Edited December 6, 2019 by ZirZai

[kazunzun 0]

Oops.. I meant to say my divorce was finalized in August 2019. not 2018... 

I know I should've informed and I'm consulting a lawyer but asking all for help if you know anything besides consulting a lawyer/I should've informed.

 

Thank you.

[Dashinka 24,594]

2 hours ago, kazunzun said:

Oops.. I meant to say my divorce was finalized in August 2019. not 2018... 

I know I should've informed and I'm consulting a lawyer but asking all for help if you know anything besides consulting a lawyer/I should've informed.

 

Thank you.

The only thing I can think of is trying to turn in the 10yr GC along with a new I751 application with a divorce waiver.  I have never heard of anyone doing this though, and I have no idea how one would actually do that.

[kazunzun 0]

Thank you Bill & Katya for giving me your thought. I was thinking the same and like you said, I have no idea how that's going to work. I'm consulting another lawyer and hopefully he has more insight.

[geowrian 22,337]

There's no actual requirement to inform USCIS, although it does raise a lot of flags if they ever review your case (naturalization, petitioning somebody else in the future, or even renewal of the green card.

 

6 hours ago, Burnpro23 said:

I can't understand how this happens. What does uscis really check on our applications? I though checking marriage/divorce databases was standard procedure. I guess they don't really do much background checks and approve everybody with no issues

What marriage/divorce database are you referring to that they would check? There is none that I know of in the US that covers more than the authority that issued the marriage license or court that handled the divorce...usually at like a city or county level. There is nothing federal.

They check criminal databases, sure.

[Ash.1101 1,756]

5 hours ago, geowrian said:

There's no actual requirement to inform USCIS, although it does raise a lot of flags if they ever review your case (naturalization, petitioning somebody else in the future, or even renewal of the green card.

 

What marriage/divorce database are you referring to that they would check? There is none that I know of in the US that covers more than the authority that issued the marriage license or court that handled the divorce...usually at like a city or county level. There is nothing federal.

They check criminal databases, sure.

^ Agree'd.

Yeah, If there was a large scale marriage/divorce system shared across all states, you wouldn't run into the issue of people being married in multiple states.

It's our responsibility to declare marriages and divorces, that's why they ask for proof. They don't ask for it to have to avoid fact checking, they ask for it because they don't have access to it.

With that said:

To the OP, talk to multiple attorneys and be aware that this could be looked at as fraud. There's a difference between someone ROCing and deciding to divorce half way through, putting in a divorce waiver and then giving them the final one, and someone who ROC's, decides they want a divorce, continues with the divorce, and then just doesn't tell USCIS.

When did you file for divorce? Because the time of filing is just as important since you can do a divorce waiver the second you know you are going for a divorce. It's easier to go "Oh I forgot" if you got a 30 day divorce (filed and finished) but if you had more than 3 months between filing and finalization then it's gonna be pretty iffy.

[Mollie09 1,543]

In my mind, the purpose of the I-751 is to verify that you didn't enter into the marriage for immigration purposes, so if you proved that with the evidence you submitted there's no fraud in not notifying USCIS of your divorce. If you had been required to interview, you would have to switch to a divorce waiver because it would mean the evidence you submitted wasn't enough to approve outright, but if that's not the case I really don't think it's a big deal you didn't report the divorce, the petition was approvable.

 

ETA: Yes, ideally you would have notified USCIS, but there's no point crying over spilled milk now. I doubt you'll get nailed for "fraud" or anything because of this.

Edited December 6, 2019 by Mollie09

[Ash.1101 1,756]

43 minutes ago, Mollie09 said:

In my mind, the purpose of the I-751 is to verify that you didn't enter into the marriage for immigration purposes, so if you proved that with the evidence you submitted there's no fraud in not notifying USCIS of your divorce. If you had been required to interview, you would have to switch to a divorce waiver because it would mean the evidence you submitted wasn't enough to approve outright, but if that's not the case I really don't think it's a big deal you didn't report the divorce, the petition was approvable.

 

ETA: Yes, ideally you would have notified USCIS, but there's no point crying over spilled milk now. I doubt you'll get nailed for "fraud" or anything because of this.

I think the purpose would also be so the government knows if she's married or not, and that ROC is either you're currently married, or your divorcing with waiver. Not Divorced without a waiver.

A waiver is a waiver for a reason, it's to waive the rule for ROC saying you have to be married to the person currently to ROC, not just be married in good faith, which was already proven at AOS. No waiver, no exception to the rule.

I'd be a shame if they randomly went by the house on the address to speak to their signifigant other and that other person not be there or for them to go "What? We haven't been together since XYZ".

Or when her ex-spouse still has to update their address for the I864 and it no longer matches their addresses or info.


Note that I'm a "better safe than sorry" person when it comes to immigration. So I would do anything I could to rectify the situation even if it seemed like it was no big deal.

Edited December 6, 2019 by Ash.

[kazunzun 0]

1 hour ago, Ash. said:

^ Agree'd.

Yeah, If there was a large scale marriage/divorce system shared across all states, you wouldn't run into the issue of people being married in multiple states.

It's our responsibility to declare marriages and divorces, that's why they ask for proof. They don't ask for it to have to avoid fact checking, they ask for it because they don't have access to it.

With that said:

To the OP, talk to multiple attorneys and be aware that this could be looked at as fraud. There's a difference between someone ROCing and deciding to divorce half way through, putting in a divorce waiver and then giving them the final one, and someone who ROC's, decides they want a divorce, continues with the divorce, and then just doesn't tell USCIS.

When did you file for divorce? Because the time of filing is just as important since you can do a divorce waiver the second you know you are going for a divorce. It's easier to go "Oh I forgot" if you got a 30 day divorce (filed and finished) but if you had more than 3 months between filing and finalization then it's gonna be pretty iffy.

I'm aware the difference. I actually called USCIS where to submit the divorce decree. I was told that I could wait for an interview since all ROC will be interviewed. (I know the interview may not be required but I didn't disagree with her. ) I'm July 2018 filer so I thought it'll take more time to get approved...

 

Here's my timeline. Married in May 2016, filed I751 in July 2018, filed divorce in Feb 2019, divorce finalized in Aug 2019, and ROC approved in Dec  2019.

[Mollie09 1,543]

30 minutes ago, Ash. said:

I think the purpose would also be so the government knows if she's married or not, and that ROC is either you're currently married, or your divorcing with waiver. Not Divorced without a waiver.

A waiver is a waiver for a reason, it's to waive the rule for ROC saying you have to be married to the person currently to ROC, not just be married in good faith, which was already proven at AOS. No waiver, no exception to the rule.

I'd be a shame if they randomly went by the house on the address to speak to their signifigant other and that other person not be there or for them to go "What? We haven't been together since XYZ".

Or when her ex-spouse still has to update their address for the I864 and it no longer matches their addresses or info.


Note that I'm a "better safe than sorry" person when it comes to immigration. So I would do anything I could to rectify the situation even if it seemed like it was no big deal.

 

The waiver exists for filing. The filing was completed correctly. 

[kazunzun 0]

31 minutes ago, Ash. said:

I think the purpose would also be so the government knows if she's married or not, and that ROC is either you're currently married, or your divorcing with waiver. Not Divorced without a waiver.

A waiver is a waiver for a reason, it's to waive the rule for ROC saying you have to be married to the person currently to ROC, not just be married in good faith, which was already proven at AOS. No waiver, no exception to the rule.

I'd be a shame if they randomly went by the house on the address to speak to their signifigant other and that other person not be there or for them to go "What? We haven't been together since XYZ".

Or when her ex-spouse still has to update their address for the I864 and it no longer matches their addresses or info.


Note that I'm a "better safe than sorry" person when it comes to immigration. So I would do anything I could to rectify the situation even if it seemed like it was no big deal.

Me too... I don't want them to think that I intentionally hid the fact that I got divorce and not inform them. I think I'm gonna apply new I-751 with a waiver...