Questions about divorce while still waiting on i-751 approval

[Henrinawrocki 2]

So I've had a long time with waiting for I-751 being approved, first was a request for evidence, and then them several times flipping back and forth between telling me they didnt receive the evidence and receiving the evidence. Last update after inquiring, is that they received my RFE (that was on Oct 20) and it's now processing - I should give them 60 days.

 

Now the issue I'm facing is that due to severe marital challenges, my wife and I had to file for divorce. This divorce now officially got completed and I just found out about it as my I-751 is still pending.

 

What is my step of action?

 

Do I allow the I-751 to go through and wait for my green card and then fill in paperwork about divorce (i/e withholding that information)

 

Or do I file another I-751 divorce waiver / call the office and telling them of my change?

 

What's needed here? A part of me is wanting to withhold so I can get the full greencard without further questioning and resistance, and fill in something later, but I also want to do what is the right thing in this situation?

 

If I do file a divorce waiver as they're still processing the other, is there a chance my application will be denied, since I am divorced now, and I will have to be exported?

 

Any help in this challenging time would be appreciated.

 

Best,

Henri

[OldUser 4,866]

You cannot withold this information about divorce.

Notify USCIS about divorce ASAP. This is critical.

 

You need to convert your I-751 to divorce waiver and attach copy of divorce decree.

 

If you skip it now and get I-751 approved without updating USCIS about divorce, you'll have major issues when trying to naturalize. To the point, that USCIS will revisit your LPR status and potentially put you in removal.

 

Also, the fact USCIS sent you a couple of RFEs signals they may know about your marital issues / divorce.

Edited November 21, 2023 by OldUser

[Henrinawrocki 2]

Just now, OldUser said:

You cannot withold this information about divorce.

Notify USCIS about divorce ASAP.

 

You need to convert your I-751 to divorce waiver and attach copy of divorce decree.

 

If you skip it now and get I-751 approved without updating USCIS about divorce, you'll have major issues when trying to naturalize. To the point, that USCIS will revisit your LPR status and potentially put you in removal.

ok - so would you say to create an infopass, and contact USCIS, for them to notify that change. Then send them a full divorce waiver?

[OldUser 4,866]

5 minutes ago, Henrinawrocki said:

ok - so would you say to create an infopass, and contact USCIS, for them to notify that change. Then send them a full divorce waiver?

See

 

 

[Henrinawrocki 2]

17 minutes ago, OldUser said:

See

 

 

Thank you OldUser I appreciate your support.

 

So after I send that letter with the attached divorce decree, will they update my status and I won't have to file an additional divorce waiver again? 

 

Will I still get my 10 year greencard, or is there issues I now have to foresee with that?

[Family 3,506]

16 minutes ago, Henrinawrocki said:

Thank you OldUser I appreciate your support.

 

So after I send that letter with the attached divorce decree, will they update my status and I won't have to file an additional divorce waiver again? 

 

Will I still get my 10 year greencard, or is there issues I now have to foresee with that?

You must send in a copy of divorce and Request to Amend to Waiver of Joint filing NOW. 
 

Avoid giving details in letter ..and prepare to be scheduled for an interview ( solo

) after they get your notice .THERE will be questions at that time and hopefully they match with evidence /timeline of docs u provided at filing and RFE stages .

 

You are NOT required to file a new I-751 and restart the wait . 
 

The worst thing that could happen to you is that the Joint I-751 is approved before you send out your letter ..so don’t even wish for that. 
 

 

[OldUser 4,866]

1 hour ago, Henrinawrocki said:

So after I send that letter with the attached divorce decree, will they update my status and I won't have to file an additional divorce waiver again? 

 

 

Typically yes, no need to file I-751 from scratch unless the original filing has issues which are easier fixed by filing new form. But then you go back in the queue.

1 hour ago, Henrinawrocki said:

Will I still get my 10 year greencard, or is there issues I now have to foresee with that?

You will likely get your 10 year GC if you put the effort it, have good evidence and handle yourself well at the interview (it may be waived too).

[Henrinawrocki 2]

5 minutes ago, OldUser said:

Typically yes, no need to file I-751 from scratch unless the original filing has issues which are easier fixed by filing new form. But then you go back in the queue.

You will likely get your 10 year GC if you put the effort it, have good evidence and handle yourself well at the interview (it may be waived too).

Hey OldUser,

 

Thanks a lot for the help. Am I still able to file for naturalization during this process, and would that be recommended?

[oneoftheunderdogs 69]

6 minutes ago, Henrinawrocki said:

Hey OldUser,

 

Thanks a lot for the help. Am I still able to file for naturalization during this process, and would that be recommended?

Since you are officially no longer married to a USC you will have to file for naturalization under the 5 year rule.

[OldUser 4,866]

12 minutes ago, Henrinawrocki said:

Hey OldUser,

 

Thanks a lot for the help. Am I still able to file for naturalization during this process, and would that be recommended?

After divorce you're no longer eligible for N-400 under 3 year rule.

 

Technically, you can file for N-400 under 5 year rule, whether your I-751 is approved or pending at that time.

 

Look at your 2 year GC. Find "Resident since" date. Add 5 years to it and subtract 90 days. That's the earliest you can apply for N-400 in your case. Sometimes you want to get I-751 approved first, if it's messy.

Edited November 21, 2023 by OldUser

[Henrinawrocki 2]

Hey wanted to update this post with a question here. Appreciate all the replies so far.

 

So I did send in the divorce waiver and all the info about 3 months ago, got a receipt of the mail package sent.

 

However I didnt hear back from them at all, no mention of them accepting my waiver and changing my application to divorce waiver as requested.

 

Well, I was going to follow up this week and check in on that, when I get a mail with a letter that my green card and removal of conditions has been approved.

 

I know it was mentioned here that I can get in trouble for not sharing that I got a divorce and getting my green card. Well I did send in all the info and was thinking theyd apply that change.

 

The fact that I didnt hear from them and now got my GC makes me wonder whether they didnt really look at what i send and approved the first petition, or they did see it but decided to approve it regardless.

 

Any idea here on what to do? Should I reach back out to them, or should I just be fine with having GC approved, and still save the receipt of my post where I sent the divorce decree as evidence in case it comes under scrutiny later when I apply for Naturalization.

 

Any thoughts would be appreciated. 

[OldUser 4,866]

Hi @Henrinawrocki thanks for the update.

 

I think the smart thing to do before filing N-400 is to file FOIA request asking for ALL immigration files. In the response, if you see your request and documentation about divorce in the file - it's pretty safe to proceed with naturalization.

 

If you don't get any info about divorce in FOIA response, as if they never took it into consideration, then I'd lawyer up and proceed very carefully with N-400. You may need to prove you sent the docs etc etc and it would not be a simple case.

 

Good luck!