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

[Don Godwin 228]

7 minutes ago, Dashinka said:

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.

 

When i filed my i751 in 2019 for my conditional it was extended with the extension letter.

[OldUser 9,037]

Just now, Don Godwin said:

When i filed my i751 in 2019 for my conditional it was extended with the extension letter.

I-751 extension letter extends physical GC. It's expected.

[ultramantiga 9]

8 hours ago, Dashinka said:

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!

 

7 hours ago, Boiler said:

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

 

7 hours ago, Crazy Cat said:

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.

 

3 hours ago, Don Godwin said:

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.

 

3 hours ago, P055UM said:

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

 

3 hours ago, OldUser said:

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.

 

First of all, I truly appreciate all the support and advice from everyone. I’m sorry to hear that @Don Godwin is going through a similar situation. It feels like a nightmare. When I had a high-paying job, things were stable. However, after being laid off, collecting unemployment for a few months, and then finding a lower-paying job, everything changed.

I am grateful for the advice about switching my I-751 from a joint to a divorce waiver or abuse waiver. However, I realize I did not clearly explain my N-400 filing situation, which may have caused some confusion. I filed my N-400 based on "Military service during a period of hostilities." I served the country but was discharged during training due to a medical issue. The military's legal team helped me file the N-400 and explained that my I-751 became irrelevant once I applied for naturalization.

The current military-based N-400 does not require an approved I-751 because military N-400 applications do not depend on lawful permanent residency (LPR) status. The minimum requirement to join the military is LPR (including Conditional Permanent Residence, CPR), but non-citizens and non-LPRs can no longer enlist. My N-400, filed based on military service, waives general naturalization requirements, including five years of residency, time spent outside the U.S., and marriage conditions.

According to USCIS:

"F. Conditional Permanent Residence and Naturalization during Hostilities: If the applicant is a conditional permanent resident and is eligible to naturalize on the basis of military service during hostilities without being an LPR based on being in the United States during enlistment or induction, the applicant is not required to file or have an approved Petition to Remove Conditions on Residence (Form I-751) before his or her Application for Naturalization (Form N-400) may be approved."

Given this guidance, I decided not to pursue the I-751 further as it can only provide the LPR benefit. Although I could potentially use VAWA for my pending I-751 to secure LPR status, the process for I-751 will take much longer than the N-400 approval. My N-400 receipt already provides a two-year extension to my current green card, so I’m not concerned about my I-751. The legal team informed me that, even in the extreme case where my I-751 is withdrawn or denied, my N-400 application can still proceed as long as I maintain good moral character for at least one year prior to my N-400 interview. Since the filing rule for my N-400 is based on my military service rather than marital status, the two processes can proceed independently. However, I believe my situation is rare and may not apply to others dealing with violence with USC spouse in their marriages.

Unfortunately, when I returned home due to my medical issues, my spouse began abusing me just in a week, and the violence continued.

Looking ahead, once my N-400 is approved, I plan to apply as a military officer and start a new chapter in my life.

Thanks again to everyone for your advice and support. I truly appreciate it.

Edited May 12 by ultramantiga

[Crazy Cat 43,676]

I hope, for your sake, that USCIS see this situation the same.  Good luck.

[Dashinka 25,482]

31 minutes ago, ultramantiga said:

 

 

 

 

 

 

First of all, I truly appreciate all the support and advice from everyone. I’m sorry to hear that @Don Godwin is going through a similar situation. It feels like a nightmare. When I had a high-paying job, things were stable. However, after being laid off, collecting unemployment for a few months, and then finding a lower-paying job, everything changed.

I am grateful for the advice about switching my I-751 from a joint to a divorce waiver or abuse waiver. However, I realize I did not clearly explain my N-400 filing situation, which may have caused some confusion. I filed my N-400 based on "Military service during a period of hostilities." I served the country but was discharged during training due to a medical issue. The military's legal team helped me file the N-400 and explained that my I-751 became irrelevant once I applied for naturalization.

The current military-based N-400 does not require an approved I-751 because military N-400 applications do not depend on lawful permanent residency (LPR) status. The minimum requirement to join the military is LPR (including Conditional Permanent Residence, CPR), but non-citizens and non-LPRs can no longer enlist. My N-400, filed based on military service, waives general naturalization requirements, including five years of residency, time spent outside the U.S., and marriage conditions.

According to USCIS:

"F. Conditional Permanent Residence and Naturalization during Hostilities: If the applicant is a conditional permanent resident and is eligible to naturalize on the basis of military service during hostilities without being an LPR based on being in the United States during enlistment or induction, the applicant is not required to file or have an approved Petition to Remove Conditions on Residence (Form I-751) before his or her Application for Naturalization (Form N-400) may be approved."

Given this guidance, I decided not to pursue the I-751 further as it can only provide the LPR benefit. Although I could potentially use VAWA for my pending I-751 to secure LPR status, the process for I-751 will take much longer than the N-400 approval. My N-400 receipt already provides a two-year extension to my current green card, so I’m not concerned about my I-751. The legal team informed me that, even in the extreme case where my I-751 is withdrawn or denied, my N-400 application can still proceed as long as I maintain good moral character for at least one year prior to my N-400 interview. Since the filing rule for my N-400 is based on my military service rather than marital status, the two processes can proceed independently. However, I believe my situation is rare and may not apply to others dealing with violence with USC spouse in their marriages.

Unfortunately, when I returned home due to my medical issues, my spouse began abusing me just in a week, and the violence continued.

Looking ahead, once my N-400 is approved, I plan to apply as a military officer and start a new chapter in my life.

Thanks again to everyone for your advice and support. I truly appreciate it.

Good luck!

 

I am moving this to the Military specific forum since it is more about N400 under those specific rules.

[Boiler 46,944]

Wondering what VAWA has to do with any of this.

[ultramantiga 9]

3 hours ago, Boiler said:

Wondering what VAWA has to do with any of this.

I am sorry, for I751 it should be abuse waiver, VAWA is for i485, not too familiar with them lol

4 hours ago, Crazy Cat said:

I hope, for your sake, that USCIS see this situation the same.  Good luck.

3 hours ago, Dashinka said:

Good luck!

 

I am moving this to the Military specific forum since it is more about N400 under those specific rules.

Ty!