Removal of Conditions/Citizenship post divorce?

[dentsflogged 352]

So long story short - I divorced my husband for many reasons,  including that I hate living where he refused to move away from.

 

We applied for ROC last year. Divorced this year.

 

I'm eligible for Citizenship now.  

 

I know for sure I don't want to be married to him - he sucks as a husband. But I'm now wondering if it's worth it to move somewhere I DO like in order to wait it out for citizenship?

 

I don't know that I want to live here, I know short term I want to go home and be with my friends/family. But I put so much time and effort into my GC and ROC documents and I really loved my ex enough to move here for him so now I think... isn't it better to just do it? 

[mytruelove18 607]

3 hours ago, dentsflogged said:

So long story short - I divorced my husband for many reasons,  including that I hate living where he refused to move away from.

 

We applied for ROC last year. Divorced this year.

 

I'm eligible for Citizenship now.  

 

I know for sure I don't want to be married to him - he sucks as a husband. But I'm now wondering if it's worth it to move somewhere I DO like in order to wait it out for citizenship?

 

I don't know that I want to live here, I know short term I want to go home and be with my friends/family. But I put so much time and effort into my GC and ROC documents and I really loved my ex enough to move here for him so now I think... isn't it better to just do it? 

If you apply for Roc last year, how are you eligible for citizenship now?

because for be eligible you need be resident for 5 years as you are divorced now.

for apply after 3 years as resident you need be married to the usc.

[OldUser 4,943]

If you have a pending joint I-751, you cannot just apply for naturalization. You need to convert your I-751 to a petiton with a waiver. Or withdraw it and file new I-751 with a waiver.

 

Expect several years to naturalize, especially if you've been an LPR for less than 5 years.

[Timona 3,954]

I remember you.

 

Anyway, since you wanted to move to a bigger town, here are my suggestion, in order:

1. Gather all of comingling. You'll need them later. 

2. Move to a bigger town as you wished. 

3. As soon as you move, submit an AR-11 online. If you don't have an online account, create one. 

4. Send updated I-751 to the address at the bottom of your receipt and request to switch to divorce waiver. Make sure you do this and not wait because USCIS may just waive your interview and you end up with problems down the line when you try to naturalize. When you send the updated I-751, make sure to include a copy of your divorce records. 

5. Since you're divorced, you cannot file under the 3 year rule, you're now ineligible for N400 under 3 year basis. You'll have to wait atleast 1 or 2 more years (depending on when your fist GC was issued).

 

Once you move to a bigger town, you're free to move in and out of US for those 2 years to visit family home and just naturalize under 5 year rule OR stay put wherever you choose to relocate to for the next 2 years without exiting US so as not to worry about meeting continuous residency requirement. 

 

Edited October 18, 2022 by Timona

[Mike E 11,723]

I thought you left the USA and filed I-407?

 

 

[Family 3,529]

2 hours ago, dentsflogged said:

We applied for ROC last year. Divorced this year.

 

I'm eligible for Citizenship now.  

Hello @dentsflogged ! Good to see you are weathering the OMG ..no Fairytale End In Sight rough seas of Divorce.

 
Per your old post , your romance / relationship was 6 years , married for 4 years and you filed a Joint I-751 in 2021. 

Since your 2022 Divorce is final, you just need to send in a copy of Divorce Decree/Judgement and request to Amend from Joint to Divorce Waiver…that I-751will convert and you will be fine even if the6 schedule an interview, only you will need to attend.
 

As @Timona recommended, you will need to wait until you have 5 years since LPR to file the N-400..so do a quick update to your post with following:

1. When did you become LPR?

**Five years from that date you can do N-400

2. When did you file Joint I-751? ( yes I realize yr is 2021)
**Assuming here your divorce finalized Oct 2022. Send in request to amend yet?

 

[powerpuff 5,919]

~~ Topic moved from AOS work/tourist/student visas to Effects of Major Family Changes on US Immigration benefits ~~

[Kai G. Llewellyn 823]

19 hours ago, dentsflogged said:

So long story short - I divorced my husband for many reasons,  including that I hate living where he refused to move away from.

 

We applied for ROC last year. Divorced this year.

 

I'm eligible for Citizenship now.  

 

I know for sure I don't want to be married to him - he sucks as a husband. But I'm now wondering if it's worth it to move somewhere I DO like in order to wait it out for citizenship?

 

I don't know that I want to live here, I know short term I want to go home and be with my friends/family. But I put so much time and effort into my GC and ROC documents and I really loved my ex enough to move here for him so now I think... isn't it better to just do it? 

I mean, based on your past post histoty, you're not that far from applying under the five year rule for citizenship. So I'd advise naturalizing, that way you can come and go from the US as you please. You never know what will happen down the line and if you end up falling in love with someone else in the US you won't have to be re-petition and go through ROC -again-.

 

I would suggest seeing if you can find somewhere in the US you do like and try and start afresh. One wonderful thing about this country is that there's no shortage of cool places and cities/states that suit many tastes.

 

First and foremost. Update your I-751 to divorce wavier as you won't want it approved on USCIS's assumption you're still married.

Edited October 18, 2022 by Kai G. Llewellyn