Divorce after joint filing of ROC

[Na-yeon 3]

Hi,

My soon to be ex husband(USC) and I jointly filed to remove my condition June 2021. We are now going through a divorce and I have a question.

Should I inform USCIS of the divorce now or wait until I have a divorce decree to let them know I would now be going at it alone? 

[Mike E 11,722]

5 minutes ago, Na-yeon said:

Hi,

My soon to be ex husband(USC) and I jointly filed to remove my condition June 2021. We are now going through a divorce and I have a question.

Should I inform USCIS of the divorce now or wait until I have a divorce decree to let them know I would now be going at it alone? 

Did you have an I-485 interview?

[Boiler 43,392]

You need to update them you will be switching to a divorce waiver

[Na-yeon 3]

23 minutes ago, Mike E said:

Did you have an I-485 interview?

Yes I did.

[Timona 3,931]

Ideally, I will only suggest updating at the interview when you have the final divorce decree.

For example, if you are in a place like NY that requires one year separation and let's say your interview is next month and you update them now, you will probably not be able to produce that final decree even if an RFE is issued. That may cause your case to get denied and then you have to start a fresh when you have the decree in hand.

[Mike E 11,722]

11 minutes ago, Na-yeon said:

Yes I did.

Then you likely won’t get an I-751 interview and this won’t have an opportunity to change to a waiver petition in interview.  Thus I advise notifying USCIS that you are getting divorced and wish to switch to a waiver petition.  If you wait for the divorce decree before notifying USCIS then the danger is you will be approved under the joint petition. It can then get messy when you later file N-400 or worse you file I-130 for another spouse or worst that spouse files N-400. 
 

You will get an RFE for the divorce decree.  

Edited February 8, 2022 by Mike E

[Na-yeon 3]

1 hour ago, Timona said:

Ideally, I will only suggest updating at the interview when you have the final divorce decree.

For example, if you are in a place like NY that requires one year separation and let's say your interview is next month and you update them now, you will probably not be able to produce that final decree even if an RFE is issued. That may cause your case to get denied and then you have to start a fresh when you have the decree in hand.

Thank you

[Na-yeon 3]

1 hour ago, Mike E said:

Then you likely won’t get an I-751 interview and this won’t have an opportunity to change to a waiver petition in interview.  Thus I advise notifying USCIS that you are getting divorced and wish to switch to a waiver petition.  If you wait for the divorce decree before notifying USCIS then the danger is you will be approved under the joint petition. It can then get messy when you later file N-400 or worse you file I-130 for another spouse or worst that spouse files N-400. 
 

You will get an RFE for the divorce decree.  

If the decree isn't ready in the stipulated time given, doesn't that jeopardize my case?

[Mike E 11,722]

25 minutes ago, Na-yeon said:

If the decree isn't ready in the stipulated time given, doesn't that jeopardize my case?

It increases the odds you will resolve this at your removal of conditions trial.  If you have a decree by the time you get to trial, great.

 

Waiting till removal trial can seem  scary and and for that reason you can just just re-file I-751 if you miss the RFE deadline.  See 

And btw I consider that person to be the most knowledgeable non lawyer expert on I-751 in the known universe.  Just search for mindthegap’s posts on VJ. 
 

Also I believe RFE deadlines are auto extended due to Covid.  Yes:   https://www.uscis.gov/about-us/uscis-response-to-covid-19

“

We will consider a response received within 60 calendar days after the due date set forth in the following requests or notices before taking any action, if we issued the request or notice anytime from March 1, 2020, through March 26, 2022: 

• Request for Evidence;
• Continuation to Request Evidence (N-14);
• Notice of Intent to Deny;
• Notice of Intent to Revoke;
• Notice of Intent to Rescind;
• Notice of Intent to Terminate regional centers; and
• Motion to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.

”

Edited February 8, 2022 by Mike E

[mindthegap 2,521]

46 minutes ago, Na-yeon said:

If the decree isn't ready in the stipulated time given, doesn't that jeopardize my case?

If they RFE for it the final divorce decree, and you don't provide it in the time stated (which is 87 days), the I-751 would be denied, but note that is 87 days from when they send you the request. That can take a very long time right now. 

You could refile after a denial of course, but thats an extra boatload of time, hassle, and expense to be avoided if at all possible. You could also choose to not refile, go all the way to court, present the decree to a judge with an explanation and he would more than likely order it re-opened. Again, not the best course of action due to stress & costs, but it remains an option. 

 

 

Technically you are in a grey area. In USCIS' eyes, legally, you are divorced, or married - there is no pending divorce status.If you inform them now, you run the risk of them asking for a divorce decree that isn't final, and if you can't provide it when asked, it will be denied. 

if you don't inform them now, then, assuming you get no interview, it would probably be approved without issue.   If you filed as joint and it is approved, the odds are that at subsequent n-400 naturalization you would probably be ok. However, there is a chance that someone may notice the dates, and adversely affect or deny your naturalization based on that. This has happened before...I can't remember if the circumstances were identical, or if they were already separated and divorcing when they filed - I am sure someone will find it and post it - but either way, it is a tricky situation with delicate timing. 

If you have some idea of when your divorce will be final, then go from that. If you know it will probably be approved in around three months, then that is an ideal time to inform them, as if they were to ask for the final divorce quickly, you will probably have the paperwork in hand at the time.  If you have a waiting period of like a year or something as it is in some states, then it potentially gets very tricky as odds on you would probably have been approved by the time your paperwork is in hand. 

It is a grey area mess, and entirely of USCIS' own doing. 

 

 

As a current data point, I refiled  a new I-751 last June after a denial, it was accepted and receipt issued, and then this month I got an RFIE - that is a request for initial evidence - for the divorce paperwork.

Ignoring the fact that, worryingly, the divorce paperwork was indeed actually in the filing in a folder marked DIVORCE PAPERWORK, and that they have two copies from prior filings in my A# folder, which poses serious questions such as 'how can people this stupid function in society unsupervised',  that timeline demonstrates how slow things are right now, and how long it may take them to actually ask you for it. Or, they may ask for it in a matter of weeks.

It is a complete lottery.

You have my sympathies. 

 

Either way, concentrate on YOU at this time, and remember that by itself, divorce is not a reason for denial whatsoever. 

 

 

Edited February 8, 2022 by mindthegap

[Mike E 11,722]

Impeccable comment @mindthegap

[Na-yeon 3]

48 minutes ago, Mike E said:

It increases the odds you will resolve this at your removal of conditions trial.  If you have a decree by the time you get to trial, great.

 

Waiting till removal trial can seem  scary and and for that reason you can just just re-file I-751 if you miss the RFE deadline.  See 

And btw I consider that person to be the most knowledgeable non lawyer expert on I-751 in the known universe.  Just search for mindthegap’s posts on VJ. 
 

Also I believe RFE deadlines are auto extended due to Covid.  Yes:   https://www.uscis.gov/about-us/uscis-response-to-covid-19

“

We will consider a response received within 60 calendar days after the due date set forth in the following requests or notices before taking any action, if we issued the request or notice anytime from March 1, 2020, through March 26, 2022: 

• Request for Evidence;
• Continuation to Request Evidence (N-14);
• Notice of Intent to Deny;
• Notice of Intent to Revoke;
• Notice of Intent to Rescind;
• Notice of Intent to Terminate regional centers; and
• Motion to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.

”

Appreciate your responses. Thank you!

[Na-yeon 3]

34 minutes ago, mindthegap said:

If they RFE for it the final divorce decree, and you don't provide it in the time stated (which is 87 days), the I-751 would be denied.

You could refile after that of course, but thats an extra boatload of time, hassle, and expense to be avoided if at all possible. You could also not refile, go all the way to court, present the decree to a judge, and he would more than likely order it re-opened. 

 

 

Technically you are in a grey area. In USCIS' eyes, legally, you are divorced, or married - there is no pending divorce status.If you inform them now, you run the risk of them asking for a divorce decree that isn't final, and if you can't provide it when asked, it will be denied. 

if you don't inform them now, then, assuming you get no interview, it would probably be approved without issue.   If you filed as joint and it is approved, the odds are that at subsequent n-400 naturalization you would probably be ok. However, there is a chance that someone may notice the dates, and deny your naturalization based on that. This has happened before...I can't remember if the circumstances were identical, or if they were already separated and divorcing when they filed - I am sure someone will find it and post it - but either way, it is a tricky situation with delicate timing. 

If you have some idea of when your divorce will be final, then go from that. If you know it will probably be approved in around three months, then that is an ideal time to inform them, as if they were to ask for the final divorce quickly, you will probably have the paperwork in hand at the time.  If you have a waiting period of like a year or something as it is in some states, then it potentially gets very tricky as odds on you would probably have been approved by the time your paperwork is in hand. 

It is a grey area mess, and entirely of USCIS' own doing. 

 

 

As a current data point, I refiled  a new I-751 last June after a denial, it was accepted and receipt issued, and then this month I got an RFIE - that is a request for initial evidence - for the divorce paperwork.

Ignoring the fact that, worryingly, the divorce paperwork was indeed actually in the filing in a folder marked DIVORCE PAPERWORK, and that they have two copies from prior filings in my A# folder, that timeline demonstrates how slow things are right now, and how long it may take them to actually ask you for it. Or, they may ask for it in a matter of weeks.

It is a complete lottery.

You have my sympathies. 

 

Either way, concentrate on YOU at this time, and remember that by itself, divorce is not a reason for denial whatsoever. 

 

 

This is very helpful. I'll push reporting to USCIS till the end of the month. It will be good enough time to inform them. Where/how do I report it though?

Am I contacting Emma or writing a letter? If letter, where am I addressing it to? My case is being processed in Nebraska(LIN)

Thank you 

[Rocio0010 5,560]

6 hours ago, mindthegap said:

as 'how can people this stupid function in society unsupervised', 

Or even worse, how can they hold jobs where they get to decide the fate of people?

[da95826 387]

11 hours ago, Na-yeon said:

This is very helpful. I'll push reporting to USCIS till the end of the month. It will be good enough time to inform them. Where/how do I report it though?

You write USCIS a letter to the address on your latest receipt notice. Indicate you have filed a divorce and that you are requesting your joint i751 Petition be converted to a i751 waiver case based on divorce of a bona fide marriage. 

Include your A Number and your  Receipt Notice number and a copy of your receipt notice and some evidence you filed for devorce.