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SnakePlantLover

HELP. Joint I-751 approved 2mos AFTER divorce was finalized

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My I-751 got approved today; two months after my divorce has been finalized.

 

Feb 2021 - filed joint i-751

March 11 2022 - started divorce proceedings. Informed lawyer, was told there is nothing to do until I get the divorce decree.

June 6 2002 - Divorce decree finalized; reached out to lawyer, provided my divorce decree; asked when they would inform USCIS. They said they would review my case.

July 27 - Heard back from lawyer; scheduled a meeting, said they will get back to me ASAP; didn’t hear anything until…

August 2 - Status changed to “New card has been produced”. Reached out to the lawyer, lawyer said it will not cause any problems come Naturalization because I filed the divorce 13 months after filing joing i-751. I told lawyer I’m not comfortable with that. Lawyer said he will reach out to senior partners and will get back to me.

 

How screwed am I?

Edited by SnakePlantLover
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Filed: Citizen (apr) Country: Ghana
Timeline

It’s your responsibility to notify USCIS immediately your marital situation changed. Reach out to USCIS asap and notify them the 751 should have been filed with a divorce waiver and have them rescind it and review the application under the correct category.

 

We had a case just last week or two weeks ago where the persons citizenship application was denied for the same reason and they’re in a world of confusion/hurt.

Just another random guy from the internet with an opinion, although usually backed by data!


ᴀ ᴄɪᴛɪᴢᴇɴ ᴏғ ᴛʜᴇ ᴡᴏʀʟᴅ 

 

 

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I am “somewhat” in the  situation as you but the difference being divorce was finalized 3 months after approval. However, since your approval was done before the approval, this is a disaster not in the gray area. 
 

I have had a consultation with a very well renowned lawyer, she had a client that got divorce finalized 1day after joint petition was finalized. They sent the decree 3 times but USCIS rejected it. However, the client did get her citizenship approved.

 

My suggestion is to keep the past lawyer’s communication handy and hire a new one. Your task must be to inform USCIS right away with the help of the new lawyer. 

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Filed: Citizen (apr) Country: Taiwan
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Jim Hacking had a similar case on his show a few weeks ago.  He basically said what   @Villanelle said. 

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Filed: Citizen (apr) Country: Argentina
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3 hours ago, Crazy Cat said:

Jim Hacking had a similar case on his show a few weeks ago.  He basically said what   @Villanelle said. 

I think it was @Mobius1 

FROM F1 TO AOS

October 17, 2019 AOS receipt date 

December 09, 2019: Biometric appointment

January 15, 2020 RFE received

January 30, 2020  RFE response sent

Feb 7: EAD approved and interview scheduled

March 18, 2020 Interview cancelled

April 14th 2020: RFE received

April 29, 2020 Approved without interview

May 1, 2020 Card in hand

 

REMOVAL OF CONDITIONS

February 1, 2022 package sent

March 28, 2022 Fingerprints reused

July 18, 2023 approval

July 20, 2023 Card in hand

 

N400 

January 30,2023: Online filing

February 4th, 2023: Biometric appointment

June 15th, 2023: Case actively being reviewed

July 11th, 2023: Interview scheduled.

August 30th, 2023: Interview!

August 31st, 2023: Oath ceremony scheduled.

Sept 19th, 2023: Officially a US citizen!

 


 

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Filed: Citizen (apr) Country: Argentina
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Just now, Mobius1 said:

However, a bit different where approval happened before divorce. As per Jim’s wife, it’s not an issue, just messy.

Yes, I remember your situation. It is sort of “easier”. Like you said, it’s just messy but hopefully something that any reasonable officer would understand. 
Back to OP: the situation is complicated. Your attorney  messed up big time. So what you should do, in my opinion, is the following:

 

1) fire that attorney and demand a refund. They put you in this situation.

2) Get a more competent attorney that can help you rescind that green card and file a 751 with a divorce waiver.

FROM F1 TO AOS

October 17, 2019 AOS receipt date 

December 09, 2019: Biometric appointment

January 15, 2020 RFE received

January 30, 2020  RFE response sent

Feb 7: EAD approved and interview scheduled

March 18, 2020 Interview cancelled

April 14th 2020: RFE received

April 29, 2020 Approved without interview

May 1, 2020 Card in hand

 

REMOVAL OF CONDITIONS

February 1, 2022 package sent

March 28, 2022 Fingerprints reused

July 18, 2023 approval

July 20, 2023 Card in hand

 

N400 

January 30,2023: Online filing

February 4th, 2023: Biometric appointment

June 15th, 2023: Case actively being reviewed

July 11th, 2023: Interview scheduled.

August 30th, 2023: Interview!

August 31st, 2023: Oath ceremony scheduled.

Sept 19th, 2023: Officially a US citizen!

 


 

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Filed: Citizen (apr) Country: Taiwan
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21 minutes ago, Rocio0010 said:

I think it was @Mobius1 

Oh.....I think you're right.....

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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