N-400 with pending I-751/ intend to divorce

[john101 0]

First of all Merry Christmas to all in this forum. I need your kind advice from your experience please. I filed my I-751 jointly in 2021, and N-400 in 2022. My combo interview is in 10 days. I am still living together with my spouse BUT today we had a serious issue and she asked me to leave the house and never to come back again for ever, is a joint lease signing. She took a big wood and wanted to boost my head. I have to run for my dear life. We have lived together for 5 years. My question or what  should i do. Most likely she won't follow me to the combo interview. I do not want to take any chances. as I speak we separated 24 hrs. all my things are still in the house plus all the documents. I can only retrieve them tomorrow if she goes to work since I have a spare key. A divorce  will take nothing less than 120 days. She will be happy to sign one if she is served because she has been threatening about a divorce constantly for the past 5 years. should I show up alone at the interview  if she failed to come with me?  What will I tell uscis If reason why she did not come with me ? Should I notify uscis about my separation now and pursue  a divorce asap and withdraw both applications. My I-751 extension will expire in 90 days. Should I request an info pass now before my 10 days combo interview I am confused. I have an appointment with immigration lawyer Wednesday. Your kind advice will be highly appreciated. 

[Mike E 11,725]

Assuming the marriage isn’t salvageable (I assume so given the physical  battery), 

 

* file for divorce this week

* bring the divorce filing to the interview

* request to amend your I-751 to an individual filing with divorce waiver 

* if you have a police report, consider also asking to check the abuse box on the amended I-751

 

You will get an RFE for the divorce decree. The RFE deadline should be automatically extended by an additional 60 days due to Covid, if the RFE is issued before January 24, 2023.  
 

Consider hiring an immigration lawyer.  You also want a divorce lawyer to accelerate your divorce. 

[da95826 387]

5 hours ago, john101 said:

I filed my I-751 jointly in 2021, and N-400 in 2022.

Do what @Mike E indicates you should go to the combo interview and amend your i751 part of your case to a waiver case. 

But your n400 case cannot be approved if separated from your spouse as co-habitation is a requirement for the n400 case, unless you get VAWA (i751 abuse waiver) case approved.

If you are converting to an i751 divorce waver case only your n400 will be denied, you may wish to withdraw it.

 

If you can prove an abuse case and convert your i751 case to an abuse waiver case, you can first get the conditions removed without a divorce and second possibly get the n400 approved as well under VAWA (ROC abuse waiver) with the 3-year rule.

 

You need proof of the abuse and as much good faith marriage proof you can get your hands on.

An i751 divorce waiver case is easier to get approved, you just need a divorce decree and some good faith marriage proof, an i751 abuse waiver case is a bit harder as you need abuse proof (severe emotional and/or physical abuse proof) as well as good faith marriage proof.

 

I would advise getting legal help with your now complicated cases.

 

Sorry, this happened to you, good luck.

Edited December 28, 2022 by da95826

[Dashinka 23,318]

Sorry for your situation, follow what @Mike E laid out.  Also, make sure you document any intimidation, threats, assault or battery incidents, and keep yourself safe.

 

Good Luck!

[Mike E 11,725]

Also just so you aren’t surprised, I gather your N-400 was filed on  the the basis of a 3 year marital union to  U.S. citizen.  I believe once you convert I-751 to a divorce waiver, you won’t be eligible to naturalize under the 3 year rule.  Thus is part of the reason I suggest you also  tick the abuse box on your amended I-751: so you can naturalize under the 3 year rule.  A lawyer will navigate this with you. 

[Ontarkie 13,925]

~~Moved to Effects of Major Family Changes, from ROC - as similar threads are discussed here.~~

[john101 0]

Good Bless you sir , I deeply thank you for this advise I already talk to a divorce lawyer and will put in a divorce on 2nd January and take the filing papers with me. 

[john101 0]

Good Bless you sir , I deeply thank you for this advise I already talk to a divorce lawyer and will put in a divorce on 2nd January and take the filing papers with me. My challenge now is that I never expected this coming and I have no record of any physical abuse accept one picture I took the day i run for my life. But I have more than enough documents to proof Good faith marriage. 

[Rocio0010 5,571]

On 12/30/2022 at 12:26 AM, john101 said:

Good Bless you sir , I deeply thank you for this advise I already talk to a divorce lawyer and will put in a divorce on 2nd January and take the filing papers with me. My challenge now is that I never expected this coming and I have no record of any physical abuse accept one picture I took the day i run for my life. But I have more than enough documents to proof Good faith marriage. 

Take the easy way out, file for divorce instead of abuse waiver

[Mike E 11,725]

25 minutes ago, Rocio0010 said:

Take the easy way out, file for divorce instead of abuse waiver

My understanding is this  is a false dilemma as both boxes can be ticked.
 

If there is evidence of abuse it the box should box should be checked along with the divorce box.

 

The reason is that if your case ends up in front of a judge, if you haven’t checked a box you can’t argue that box in front of a judge if didn’t first present it to USCIS. 

[Rocio0010 5,571]

1 hour ago, Mike E said:

If there is evidence of abuse

There is not in this case based on what OP says

[Mike E 11,725]

On 12/27/2022 at 9:39 PM, john101 said:

She took a big wood and wanted to boost my head

 

14 minutes ago, Rocio0010 said:

There is not in this case based on what OP says

Well that’s up to an immigration judge to decide. 
 

I’m out. 

[Rocio0010 5,571]

4 minutes ago, Mike E said:

 

Well that’s up to an immigration judge to decide. 
 

I’m out. 

Evidence: a police report, medical report etc.