Jump to content

14 posts in this topic

Recommended Posts

Posted

Hi everyone,

 

We were separated a little while after I filed for my N-400 in 11/2024. I have an interview coming up in June for my N-400/I-751. However, her lawyer filed divorce to the court end of May. 
 

With a little time to notice USCIS, I’m planing to go to interview (with my lawyer), withdraw my N-400 and ask them to amend my I-751 to waiver.
 

1. What paper work should I prepare? A statement letter and I-751 waiver form filled with my signature?
 

2. Understand that my divorce won’t be final at that time, do you guys think they would accept my request and send the RFE later in the mail? 
 

3. Or they will deny my I-751 since it was filed jointly and my wife didn’t shown up? And I have to re submit I-751 waiver?

 

If you guys see any post in here in the same situation as me? Please reply with link. 
 

Thank you.

Posted (edited)

N-400 cannot be approved and will have to be withdrawn.

 

How long would divorce take?

If USCIS gives you 88 days to produce response to RFE, would divorce be final by then? 

 

IMHO a possibly better strategy if you needed more time would have been:

1) File fresh I-751 based on divorce waiver

2) Wait for receipt

3) Withdraw both N-400 and old I-751

 

But of course, if divorce is quick, then you can try amending I-751 to divorce waiver.

 

More importantly, what does your lawyer say?

 

Supposedly, they should have some strategy for handling your case. That's why you pay them? And they can help you with writing statement and explaining what you need for interview etc. That's their job?

 

My lawyer told me which door to enter and button to press in elevator inside USCIS building prior to interview.

Edited by OldUser
Posted (edited)

Thank you for replying. 
 

Yes, the divorce process will be quick and I will amend (instead of file the new waiver).

 

Just want to clarify my question. Have you seen any one submit the statement letter and ask for amend at the interview? Would they accept it?

 

The interview letter requires both me and my ex wife to come. But since I want to ask for amend on I-175. I’ll just come by myself. And is it acceptable?

 

This Monday I’ll have appointment with my lawyer and figure out what should do. In the mean time, getting opinion from you guys here is  extreme valuable as well.

Edited by Yellow.Crane
Filed: K-1 Visa Country: Wales
Timeline
Posted

Did you file under the 5 year rule?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted
3 hours ago, Yellow.Crane said:

Thank you for replying. 
 

Yes, the divorce process will be quick and I will amend (instead of file the new waiver).

 

Just want to clarify my question. Have you seen any one submit the statement letter and ask for amend at the interview? Would they accept it?

 

The interview letter requires both me and my ex wife to come. But since I want to ask for amend on I-175. I’ll just come by myself. And is it acceptable?

 

This Monday I’ll have appointment with my lawyer and figure out what should do. In the mean time, getting opinion from you guys here is  extreme valuable as well.

You need to make it clear before the interview starts that you are changing to a waiver.  By policy, USCIS will deny if one party doesn't show for a joint interview.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Filed: K-1 Visa Country: Wales
Timeline
Posted

You need to pull the N400 and refile when eligible.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Citizen (apr) Country: Russia
Timeline
Posted
8 hours ago, Yellow.Crane said:

I filed under 3 year rule.

 

@Crazy Cat Thank you for your reply. So what I understand your saying is, with making it clear before interview that I want to change to waiver, my I-751 will not be denied but will just got changed from jointly to waiver?

Yes, and it should start a 90 day RFE clock to have you submit the final divorce papers.  Also, as @Boiler stated, you need to withdraw the N400 application as you are no longer eligible to file under the 3 year rule.

 

Good Luck!

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

  • 2 weeks later...
Filed: Citizen (apr) Country: Argentina
Timeline
Posted
On 6/8/2025 at 1:38 PM, Yellow.Crane said:

1. What paper work should I prepare? A statement letter and I-751 waiver form filled with my signature?

Read this document and show it to your lawyer. You should present new evidence that proves the bonafide of your relationship. Also, prepare a letter stating you wish to convert to an individual filing. And if you are still amicable with your ex, they should write an affidavit stating that, although the marriage ended, the marriage was in good faith and they recommend USCIS to approve your removal of conditions.

 

On 6/8/2025 at 1:38 PM, Yellow.Crane said:

2. Understand that my divorce won’t be final at that time, do you guys think they would accept my request and send the RFE later in the mail? 
 

3. Or they will deny my I-751 since it was filed jointly and my wife didn’t shown up? And I have to re submit I-751 waiver?

We really can't tell you what is going to happen. You have a lawyer to whom you are paying. If you file a strong waiver, there should not be any reason for them to deny it. But even if they did, you would still be a permanent resident until they put you in removal proceedings, which can take years.

FROM F1 TO AOS

October 17, 2019 AOS receipt date 

December 09, 2019: Biometric appointment

January 15, 2020 RFE received

January 30, 2020  RFE response sent

Feb 7: EAD approved and interview scheduled

March 18, 2020 Interview cancelled

April 14th 2020: RFE received

April 29, 2020 Approved without interview

May 1, 2020 Card in hand

 

REMOVAL OF CONDITIONS

February 1, 2022 package sent

March 28, 2022 Fingerprints reused

July 18, 2023 approval

July 20, 2023 Card in hand

 

N400 

January 30,2023: Online filing

February 4th, 2023: Biometric appointment

June 15th, 2023: Case actively being reviewed

July 11th, 2023: Interview scheduled.

August 30th, 2023: Interview!

August 31st, 2023: Oath ceremony scheduled.

Sept 19th, 2023: Officially a US citizen!

 


 

  • 1 month later...
Posted
On 6/8/2025 at 12:38 PM, Yellow.Crane said:

Hi everyone,

 

We were separated a little while after I filed for my N-400 in 11/2024. I have an interview coming up in June for my N-400/I-751. However, her lawyer filed divorce to the court end of May. 
 

With a little time to notice USCIS, I’m planing to go to interview (with my lawyer), withdraw my N-400 and ask them to amend my I-751 to waiver.
 

1. What paper work should I prepare? A statement letter and I-751 waiver form filled with my signature?
 

2. Understand that my divorce won’t be final at that time, do you guys think they would accept my request and send the RFE later in the mail? 
 

3. Or they will deny my I-751 since it was filed jointly and my wife didn’t shown up? And I have to re submit I-751 waiver?

 

If you guys see any post in here in the same situation as me? Please reply with link. 
 

Thank you.

Any updates? What happened on the interview? Thanks

Posted
On 7/20/2025 at 10:04 AM, Ani2 said:

Any updates? What happened on the interview? Thanks

First, I sent letter to FO about 2 weeks prior to interview date, asking for withdrawing N-400 and amend my I-751 to waiver with divorce petition. I went to interview with my ex and my lawyer. Seems like they haven't posted my request letter to the system so the officer wasn't aware about that. I asked for withdrawing N-400. Then, I also asked for change my I-751 to waiver. The officer printed out a page in I-751 form that has divorce waiver check box, and I checked that box, returned it back to him. He then asked me some of the yes-no question in the I-751 form, and didn't ask about our relationship or detail of divorce (it's pending divorce). He said, that all he needs and we can go. He said he would send this to his supervisor for review and he would recommend for approve. It has been 4 weeks and I haven't seen any actions from USCIS. Idk but I strongly think they would send RFE for final divorce decree.

Posted (edited)
7 minutes ago, Yellow.Crane said:

First, I sent letter to FO about 2 weeks prior to interview date, asking for withdrawing N-400 and amend my I-751 to waiver with divorce petition. I went to interview with my ex and my lawyer. Seems like they haven't posted my request letter to the system so the officer wasn't aware about that. I asked for withdrawing N-400. Then, I also asked for change my I-751 to waiver. The officer printed out a page in I-751 form that has divorce waiver check box, and I checked that box, returned it back to him. He then asked me some of the yes-no question in the I-751 form, and didn't ask about our relationship or detail of divorce (it's pending divorce). He said, that all he needs and we can go. He said he would send this to his supervisor for review and he would recommend for approve. It has been 4 weeks and I haven't seen any actions from USCIS. Idk but I strongly think they would send RFE for final divorce decree.

This will likely take a while. Could be months. If you never provided divorce decree, you'll get RFE. These type of cases usually take time... Keep us posted!

Edited by OldUser
Filed: Citizen (apr) Country: Taiwan
Timeline
Posted (edited)

Wonder why he said that.  How can they approve if divorce is not final? I think you'll get an RFE.

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Filed: Citizen (apr) Country: Russia
Timeline
Posted (edited)
2 hours ago, Crazy Cat said:

Wonder why he said that.  How can they approve if divorce is not final? I think you'll get an RFE.

As we all know, verbal anything from a CO or an IO is more or less worthless.  He probably meant everything with the submission was fine.

 

To the OP, you will get an RFE at some point, but it is surprising the IO did not give you one at the interview.  Hopefully you will see it soon.  When is the divorce expected to be final?  Once the RFE is issued you have 90 days to respond, so if the anticipated date of the final divorce is more than 90 days out, he might be doing you a favor delaying the RFE.

 

Good Luck!

Edited by Dashinka

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...