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Applying for N400 while I-751 with divorce waiver pending

By Ieeeeeees in Removing Conditions on Residency General Discussion

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Ieeeeeees Contributor

Ieeeeeees   38

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Filed: AOS (pnd) Country: Netherlands
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Good afternoon!

 

My ex-husband and I filed the I-751 together in July 2023 and it's been pending ever since. Things didn't work out as our goals in life just changed too much, and we filed for divorce on good terms with no children in November 2024, which was finalized in April 2025.

The day I received the divorce degree, I immediately sent a letter with an official copy of the degree to the USCIS to notify  them that I would like to change my case to a divorce waiver. I spoke to them on the phone after my USPS tracking indicated that it'd been delivered, just to make sure, and they confirmed that they received the documents.

 

My 5 year mark is coming up and I'll be able to apply early for N400 in July, meanwhile my I-751 is still pending and no action has been taken since receiving the original receipt + extension letter. I'm hoping for my I-751 to be pushed once I file for N400 like a lot of cases I've seen here, but my concern is that I haven't heard anything back from USCIS regarding my I-751 (no RFE either), and I don't want my I-751 to be potentially approved as a marriage-based case instead of a divorce waiver. 

 

Should I be safe since the USCIS themselves did confirm that they received my request to change to a divorce waiver by mail and is this just something that will be brought up in the interview, or is it safer for me to wait to file N400 until after my I-751 is approved so I can be sure it was approved on basis of divorce?

 

I hope my question isn't too confusing!

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TBoneTX Grand Master

TBoneTX   49,397

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Filed: Citizen (apr) Country: Ecuador
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File the N-400 when you're eligible to file.  Waiting gives no advantage and only delays your naturalization

 

You did what was necessary when you sent the divorce decree with your request to convert to a divorce waiver, and USCIS confirmed receipt.  That's great!  USCIS will adjudicate the I-751 (under the divorce waiver) before or in combination with your N-400 interview.

 

For your interview, bring your divorce decree (the original & a copy) and evidence that your marriage was bona fide through the time when you separated from your husband.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Crazy Cat Grand Master

Crazy Cat   46,332

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Filed: Citizen (apr) Country: Taiwan
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31 minutes ago, Ieeeeeees said:

Should I be safe since the USCIS themselves did confirm that they received my request to change to a divorce waiver by mail and is this just something that will be brought up in the interview, or is it safer for me to wait to file N400 until after my I-751 is approved

I agree with @TBoneTX.  File when eligible.  It sounds like you did everything correctly. Just come prepared to show evidence that you entered the marriage in good faith since they can ask questions about the marriage. Good luck. 

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

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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.. 
 

Ieeeeeees Contributor

Ieeeeeees   38

Posted
Filed: AOS (pnd) Country: Netherlands
 Timeline
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Posted
42 minutes ago, Fr8dog said:

FYI you will loose your Dutch nationality since you divorced before becoming a US citizen.

I didn't realize this... Oh that's definitely ba really big issue.....

TBoneTX Grand Master

TBoneTX   49,397

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted
21 minutes ago, Ieeeeeees said:

@TBoneTX and @Crazy Cat thank you so much!

You're welcome.  :)   Keep us apprised of your progress.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Caligirl1 Enthusiast

Caligirl1   228

Posted
Filed: AOS (apr) Country: Germany
 Timeline
Posted
14 hours ago, Ieeeeeees said:

I didn't realize this... Oh that's definitely ba really big issue.....

Not sure about the Dutch laws,but check if there is an option for dual citizenship 

Fr8dog Proficient

Fr8dog   585

Posted
Filed: Citizen (apr) Country: Netherlands
 Timeline
Posted
14 hours ago, Ieeeeeees said:

I didn't realize this... Oh that's definitely ba really big issue.....

 

Then do not obtain US citizenship until after the Dutch government changes the rules. 

in principle Dutch law does not allow dual citizenship. There are a few exceptions but the only one you would most likely qualify for is "obtain the nationality of your spouse" so unless your married again with a US citizen you loose your Dutch. 

There has been "talks" for over a decade to update the rules but it hasn't made it into parliament and I doubt it will anywhere in the next 5 years.

 

Start your research here:

https://www.rijksoverheid.nl/onderwerpen/nederlandse-nationaliteit/nederlandse-nationaliteit-verliezen

 

Do not depend on any information from websites that are not official government. 

Even if you would be able to maintain your Dutch nationality (like I was) the paperwork is still a nightmare and the whole process takes about 3 to 9 months depending on how busy they are. 

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

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