I751 Pending while Separated - Next Steps???

[Dashinka 25,481]

Just now, chrokopo1999 said:

Thank you!  Will it delay the processing time?

It could as if you are living in a different USCIS district, and you application is routed to the field office based on your previous address, I can cause delays, or other inconveniences such as being called for an interview in a different part of the country from where you are currently living. 

[Boiler 46,936]

1 minute ago, chrokopo1999 said:

Thank you!  Will it delay the processing time?

 

Have you amended to a Divorce waiver basis, you will need to be Divorced before it can be processed.

[OldUser 9,030]

6 minutes ago, chrokopo1999 said:

Thank you!  Will it delay the processing time?

This is the last thing to worry about.

The bigger issue USCIS mistakenly approving I-751 without knowing your living situation. Or if they accuse you of misrepresentation. What will happen if USCIS officers knock on the door at the other address tomorrow morning? Would you be at that address? What the spouse would say to them? If you're not there, you may be accused of immigration fraud / misrep. It will be a much bigger headache than few months of possible delay. Yout case will be slower anyway with converting it to divorce waiver etc.

Edited Monday at 03:00 PM by OldUser

[carmel34 3,697]

5 hours ago, chrokopo1999 said:

If divorced, do I need to file the package all over again and pay the fee, or could I send the divorce decree and amend the previous application, no? Not sure how that process works

File for divorce today if you or your spouse have not already done so.  Send a letter to the USCIS center that sent the I-751 receipt (and include a photocopy of the receipt) notifying them that you wish to amend the previous joint application to a divorce waiver, that you are now living separately from your USC spouse, that the divorce is pending, and include the mailing address where you currently live.  Also file an AR-11 with USCIS online to confirm your change of address.  No need to file a new I-751 or pay another fee.  When you receive the official divorce decree, send a photocopy to the same USCIS center, or to the new one if they notify you that the location has changed due to your new address.  If you receive an RFE asking for the divorce decree, you will normally have 90 days to respond.  If you do not have the divorce decree in that time frame, your I-751 will likely be denied and you can file another one, with a divorce waiver, after the divorce is final.  With the current administration, it is very important that you do things right or it could jeopardize your legal status in the USA.  Good luck!