Can I go to I-751/N-400 interview with request to amend to divorce waiver?

[Yellow.Crane 1]

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.

[OldUser 9,944]

N-400 cannot be approved and will have to be withdrawn.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 June 8 by OldUser

[Yellow.Crane 1]

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 June 8 by Yellow.Crane

[Boiler 47,487]

Did you file under the 5 year rule?

[Crazy Cat 44,502]

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.

[Yellow.Crane 1]

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?

[Boiler 47,487]

You need to pull the N400 and refile when eligible.

[Dashinka 25,876]

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!

[Rocio0010 5,732]

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.

[Ani2 37]

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

[Yellow.Crane 1]

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.

[OldUser 9,944]

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 15 hours ago by OldUser

[Crazy Cat 44,502]

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

Edited 15 hours ago by Crazy Cat

[Dashinka 25,876]

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 12 hours ago by Dashinka