I-751 & N-400 Pending - Spouse is filing divorce and threatening me for my I-751

[ultramantiga 9]

Life is not easy for people like me who hold Conditional Permanent Resident status but the spouse is using it for violence and threatening. My story is complicated, but I will simplify it here.

 

I initially filed my I-751 with my spouse on January 25. However, my spouse began to subject me to violence and threats. On April 16, I filed my N-400 application for naturalization. Last week, my spouse informed me that she had filed for divorce and warned me that I would face trouble in the United States. Despite her threats, I no longer care.

 

After I lost my job, my spouse and her mother became increasingly impatient and angry with me. Even so, we still filed the I-751 together on January 14 with a fee waiver. In February, an incident occurred where my spouse’s mother threw a glass bottle at me. My spouse called the police, falsely accusing me of being the one who threw the bottle and of having guns that could harm them. When the officers arrived, I was handcuffed in my room while they investigated. Fortunately, a witness told the officers the truth, and I was immediately released from the handcuffed.

 

Regarding the alleged weapons, the truth is that my spouse’s mother stored the guns, and despite my repeated requests, she refused to tell me where they were. Because I could not access my own firearm, I was robbed while attempting to sell an iPhone on Facebook Marketplace on November as a way to earn some income after being laid off (lucky I chose bank for selling so the one of the criminals was caught and in jail).

 

Although the police found no evidence of violence, my spouse went to court and used false statements to obtain an Order of Protection (OOP) against me. This order prohibited me from living with my daughter and my two dogs, and I was forced to leave my home, even though I am the one paying the mortgage (which is solely in my name).

 

After being served with the OOP on Saturday , I stayed at a motel and went to court the following Monday to challenge it. At the hearing on Thursday, I won the case. The judge dismissed the OOP, stating that it had been granted based on false statements. The judge further emphasized that an OOP should not be used as a weapon to prevent me from staying with my daughter or in my home. So the OOP only valid for 5 days. However, due to the OOP, my Global Entry was revoked, I applied reconsideration and still waiting for it.

 

The next day after the OOP was dismissed, I discovered that the savings in our joint bank account had been emptied by my spouse, leaving me in financial distress. My spouse told me she would file for divorce and threatened to withdraw our I-751 petition, saying this would cause me to be deported.

 

After discussions between my parents and my spouse’s parents, the divorce proceedings were temporarily halted because of our daughter. In March, I started a new job and moved out of state. Unfortunately, due to a medical condition, I had to return home in April. This enraged my spouse and her mother again.

 

Upon my return, my spouse’s aggressive behavior escalated. She threw an iPhone box at me, hurled a hair stick at our daughter (leaving a scratch), and continued to exhibit violent outbursts. A neighbor called the police, but I downplayed the situation, saying no one was hurt. The officers warned and educated my spouse before leaving.

 

Ten days later, her aggression intensified, and she physically attacked me. This time, I called the police. However, I softened when speaking to the officers because I did not want the mother of my daughter to end up in jail. The officers asked my spouse to leave the house temporarily to calm down.

 

Now, my spouse is actively pursuing a divorce, threatening me again with the I-751, and claiming I will be deported. But having filed my N-400 for naturalization, I am no longer intimidated by these threats. I am currently focused on taking care of my daughter, as my spouse has left the house, and I am preparing to deal with the divorce process.

Well, now I am just waiting for the N-400 interview to be a citizen, and I will leave the immigration and the marriage nightmare.

[Crazy Cat 43,701]

Has the I-751 been approved?

[ultramantiga 9]

1 minute ago, Crazy Cat said:

Has the I-751 been approved?

No, I guess it will be pending forever. As N-400 provides 2 years extension, I don’t use the N-751 receipt anymore.

[Dashinka 25,504]

55 minutes ago, ultramantiga said:

No, I guess it will be pending forever. As N-400 provides 2 years extension, I don’t use the N-751 receipt anymore.

I am confused, does the N400 NOA now provide GC extension?

 

Regardless, you are in a tough situation, and first and foremost you need to make sure to keep yourself safe along with all your important documents.  Your wife cannot withdraw the I751 as this is your petition, and you can change it to a divorce waiver, so make sure you keep all evidence of the abuse along with the police report(s) and court records that you mentioned.  If you filed the N400 based on the 3yr rule, withdraw it as you cannot pursue that option with a divorce.  If it is based on the 5yr rule, you can still pursue it.

 

Get yourself a divorce lawyer to deal with the divorce and try and claw your funds back.  You can remind your lawyer that your USC spouse, and maybe others if you have a joint sponsor for your CGC signed an I864.

 

Good Luck!

Edited May 12 by Dashinka

[Boiler 46,973]

Did you file the N400 under the 5 year rule? I am not sure how that would have been possible.

[Crazy Cat 43,701]

1 hour ago, ultramantiga said:

No, I guess it will be pending forever. As N-400 provides 2 years extension, I don’t use the N-751 receipt anymore.

You have a potential immigration catastrophe awaiting due to a pending divorce.  You are dealing with a pending divorce and a pending I-751.  You probably need to divorce and you need to amend your I-751 to a divorce waiver.  As @Dashinka stated, your N-400 is also in jeopardy. I think you need an immigration attorney's advice as well as a divorce attorney. 

Edited May 12 by Crazy Cat

[Crazy Cat 43,701]

1 hour ago, ultramantiga said:

Last week, my spouse informed me that she had filed for divorce and warned me that I would face trouble in the United States.

Even if your spouse withdraws their signature from a joint I-751, you can continue the process with a divorce waiver or an abuse waiver.  You could amend to an abuse waiver right now, imo.  An immigration attorney would be helpful.

Edited May 12 by Crazy Cat

[Don Godwin 228]

5 hours ago, ultramantiga said:

Life is not easy for people like me who hold Conditional Permanent Resident status but the spouse is using it for violence and threatening. My story is complicated, but I will simplify it here.

 

I initially filed my I-751 with my spouse on January 25. However, my spouse began to subject me to violence and threats. On April 16, I filed my N-400 application for naturalization. Last week, my spouse informed me that she had filed for divorce and warned me that I would face trouble in the United States. Despite her threats, I no longer care.

 

After I lost my job, my spouse and her mother became increasingly impatient and angry with me. Even so, we still filed the I-751 together on January 14 with a fee waiver. In February, an incident occurred where my spouse’s mother threw a glass bottle at me. My spouse called the police, falsely accusing me of being the one who threw the bottle and of having guns that could harm them. When the officers arrived, I was handcuffed in my room while they investigated. Fortunately, a witness told the officers the truth, and I was immediately released from the handcuffed.

 

Regarding the alleged weapons, the truth is that my spouse’s mother stored the guns, and despite my repeated requests, she refused to tell me where they were. Because I could not access my own firearm, I was robbed while attempting to sell an iPhone on Facebook Marketplace on November as a way to earn some income after being laid off (lucky I chose bank for selling so the one of the criminals was caught and in jail).

 

Although the police found no evidence of violence, my spouse went to court and used false statements to obtain an Order of Protection (OOP) against me. This order prohibited me from living with my daughter and my two dogs, and I was forced to leave my home, even though I am the one paying the mortgage (which is solely in my name).

 

After being served with the OOP on Saturday , I stayed at a motel and went to court the following Monday to challenge it. At the hearing on Thursday, I won the case. The judge dismissed the OOP, stating that it had been granted based on false statements. The judge further emphasized that an OOP should not be used as a weapon to prevent me from staying with my daughter or in my home. So the OOP only valid for 5 days. However, due to the OOP, my Global Entry was revoked, I applied reconsideration and still waiting for it.

 

The next day after the OOP was dismissed, I discovered that the savings in our joint bank account had been emptied by my spouse, leaving me in financial distress. My spouse told me she would file for divorce and threatened to withdraw our I-751 petition, saying this would cause me to be deported.

 

After discussions between my parents and my spouse’s parents, the divorce proceedings were temporarily halted because of our daughter. In March, I started a new job and moved out of state. Unfortunately, due to a medical condition, I had to return home in April. This enraged my spouse and her mother again.

 

Upon my return, my spouse’s aggressive behavior escalated. She threw an iPhone box at me, hurled a hair stick at our daughter (leaving a scratch), and continued to exhibit violent outbursts. A neighbor called the police, but I downplayed the situation, saying no one was hurt. The officers warned and educated my spouse before leaving.

 

Ten days later, her aggression intensified, and she physically attacked me. This time, I called the police. However, I softened when speaking to the officers because I did not want the mother of my daughter to end up in jail. The officers asked my spouse to leave the house temporarily to calm down.

 

Now, my spouse is actively pursuing a divorce, threatening me again with the I-751, and claiming I will be deported. But having filed my N-400 for naturalization, I am no longer intimidated by these threats. I am currently focused on taking care of my daughter, as my spouse has left the house, and I am preparing to deal with the divorce process.

Well, now I am just waiting for the N-400 interview to be a citizen, and I will leave the immigration and the marriage nightmare.

what a nightmere i went through same ordeal with my ex usc spouse she went to court to lie to get an OOP on me the judge was laughing at her the next day for her stupidity im in the N400 process my i751 was a divorce waiver, you will be fine get a good attorney to fight your case, make sure you tell the officer the truth at interview day all that has happened.

[P055UM 308]

4 hours ago, Dashinka said:

I am confused, does the N400 NOA now provide GC extension?

Yes, mine filed in Feb-25 gave a two year extension. Unclear if this runs concurrently, supersedes, or goes in addition to the I-751 extension letter. 

[Crazy Cat 43,701]

3 minutes ago, P055UM said:

Unclear if this runs concurrently, supersedes, or goes in addition to the I-751 extension letter. 

Concurrent, would be my guess.....in other words, it's useless if you have filed an I-751.  

Edited May 12 by Crazy Cat

[P055UM 308]

Just now, Crazy Cat said:

Concurrent, would be my guess.....in other words, it's uselss.

Yeah, that is the basis I am working on too. 

[OldUser 9,089]

11 minutes ago, Crazy Cat said:

Concurrent, would be my guess.....in other words, it's useless if you have filed an I-751.  

 

10 minutes ago, P055UM said:

Yeah, that is the basis I am working on too. 

It's because USCIS doesn't differenciate between N-400 filers who have pending I-751 and those who don't (from extension letter perspective).

 

Extension letter is useful for somebody with 10 year GC expiring in 6 months.

 

[Crazy Cat 43,701]

Just now, OldUser said:

 

It's because USCIS doesn't differenciate between N-400 filers who have pending I-751 and those who don't (from extension letter perspective).

 

Extension letter is useful for somebody with 10 year GC expiring in 6 months.

 

I assume that all extension letters have wording which indicates the expiration date on the card is extended.

[OldUser 9,089]

3 minutes ago, Crazy Cat said:

I assume that all extension letters have wording which indicates the expiration date on the card is extended.

Yes, only physical GC is extended, not ADIT stamps or other extension letters. That's true for extension letters for I-751, N-400 and I-90.

Edited May 12 by OldUser

[Dashinka 25,504]

23 minutes ago, P055UM said:

Yes, mine filed in Feb-25 gave a two year extension. Unclear if this runs concurrently, supersedes, or goes in addition to the I-751 extension letter. 

OK, now it makes sense as it would negate the need to file an I90 to renew a 10yr GC.  I suspect the folks with 2yr GCs would have to use the I751 extension letter.