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9 minutes ago, Amr0119 said:

Oh my God I'm so excited to see this, I have the same NOA as you! Did you file your n400?

 

Ahhhhhh I hope mine changes today too!

yours will be coming soon. just check those websites' update. my was approved on June 30, but yesterday (july 2nd) I checked it was nothing....until this morning it was approved on june 30.... so far I didn't get any text message. only get an email today saying "we are still reviewing your case", but surprisingly it is already approved. I didn't apply n400 yet...

hi everyone just an update,  I just checked dhs website and USCIS my account, both updated to  the message below.  the cellphone case tracker app didn't update anything, I searched all the cases in my day (EAC172560000xx)  nothing has been updated for 10 days now, so I think their app is updating whatsoever while a lot of case are actually being approved.  my NOA is June 12/2017   good luck every one!

We are producing your card and will mail it to you

You do not need to do anything at this time

We will mail your Green Card, employment authorization document (EAD), or combo card (EAD and advance parole) to the address you gave us. It may take up to 120 days to deliver your new card

16 hours ago, NikLR said:

If you don't respond to the RFE they send you before an immigration judge and you explain the situation.  Judges are generally pretty forgiving knowing that some states have weird requirements for divorce.  As long as the divorce was proceeding, you wouldn't be outright denied residency. If you were still just separated and the divorce hasn't even been started yet, they're going to wonder why the heck you changed to a divorce waiver.  if your ex wants to divorce now, it's fine.  Stop holding him back due to your immigration.  That's not fair.  He has the right to divorce you if he doesn't want to stay married.  

 

one major thing to remember about divorce, the person who INITIATES the divorce, generally has the upper hand.  The other person is often stuck responding to demands vs making the demands. 

you didn't read all my post, I don't have a problem divorce, the problem is in NC state it takes at least 1 year of separation before you are allowed to file divorce.  Even I want to divorce now, I am not able to do that.  

and meanwhile, for other people's case, even a couple's marriage is falling apart and they agree just to seperatate to cool off instead of divorce, even for immigration purpose, I don't think it is a big issue too, some citizen couples stay in married for kids' sake, for insurance's sake, or whatever sake,  as long as they agree with each other, why other people would judge that?   immigration issue is a big issue because that affect your ability to work and survive. even a couple agreed to stay together before the 751 is approved, that does not mean their marriage in the first place was not truthful before. divorce is the biggest thing in life, of course people will weigh a lot of aspect before they put it into real action. I don't see any problem with it. and for you to make this kind of assumption is very subjective, I don't think the immigration officer at N400 will be judgmental like this, maybe herself/himself has a bad marriage and for whatever reason didn't get divorced.

1 hour ago, Scazy said:

Hi Damara! This makes me a bit confused. I saw threads myself here on VJ where applicant indeed had a problem during n400 because they fail to inform USICS that they divorce before i751 is approved . It totally makes sence as they not quality for joint roc at this point. 

But, I never seen a problem with m400 in a situation (and I did extensive research in a past), where a couple remain married and gets joint  roc approval, even through they are  technically separated.

i totally don't follow how USICS knows about the marriage issues that's happening  while both are still married and how exactly that may trigger a problem at n 400? For example A is approved without RFE or interview and going to n400 interview under 5 year rule being already divorced my that time, IO asks A when divorce took a place and A tell a date past roc approval, IO asking for a reasons of divorce and A replies about relationships not working out past year, yet they tried to make it work but it's just didn't happen. 

What possible trouble that may cause with N 400 considering they NOT divorcing before 751 approval?? 

Please share your point of view on this situation 

I second your post. I think if a person got divorced already before she/he received 10 years card, then she/he will have a problem at N400. but if when she got the green card while she is still separating (working on the marriage), I don't think it would cause problem with N400.

1 hour ago, Damara said:

Im sorry you are in this situation. 

 

I have to say I disagree with your lawyer in some aspects. Dont get me wrong, everything he told you is correct- its just not the whole picture. Yes it is true USCIS does not have a 'status' for separated or pending divorce, and no where does it state you must notify them. However with that said there have been people who have NOT notified them of the change in circumstances and have had serious problems when attempting to naturalize later on due to USCIS not having all the info when they were approved. These cases are documented online. I believe Charmander has a link to a VJ member this happened to. Perhaps your attny does not follow current immigration cases/issues. Perhaps they do but they dont care. Some attnys just go by the exact letter of the law- in which case you are not required to notify them. The only thing I can say is sometimes what happens in reality is different then what the letter of the law states or does not state. So it is always my advice on here to advise them of the change in circumstance before you get approved w/o interview to avoid additional problems. 

Thank you so much for your reply! your point is legit and I think it is worth thinking about. If I send a letter to them right now and notify them we have separated but not divorced, will they give me REF and ask for a divorce decree within 87 days?  my problem is I cannot provide that until next year because our state has to separate for 1 year to divorce. My only fear is after they know I am separated, they will request a divorce decree within 87 days which I cannot provide, that case I will be deny the green card for sure......

If I send them a letter right now, what could happen,  a REF and interview? what if my husband will not go with me and I cannot provide a divorce decree either..... Thank you in advance!

44 minutes ago, Damara said:

Everything posted here already is correct so Im not sure theres much I can add.

 

You need to contact USCIS asap since your circumstances have changed since filing. (you are now separated and filed as joint/together). If you fail to notify them of this change and they approve you w/o interview you will have problems later on when you attempt to naturalize. No one knows if you will be approved w/o interview or if one will be required but since you got a notification your case was sent to the local office odds are high you will get an interview. 

 

What happens now is totally up to you. You can trust your ex to come to the interview and tell the truth and support your application. You can be approved on a joint petition if you both show up and both wish to remain in the joint petition and have sufficient proof of the relationship. It doesnt matter if you are now separated or pending divorce in this case. 

 

Or you can decide that you dont want him involved in the process any longer or do not trust him to attend and not say something bad- so you would include in your letter a request to switch to a divorce waiver. As stated no one knows how long it will take for them to RFE you for the final decree. You may end up in immigration court having to present it. But its not a big deal. 

 

The best advice is to live your life and not make decisions based on USCIS. They have processes that will cover you for whatever happens. If he wants to go ahead and file for divorce now- he can. It wont prevent you from getting approved jointly if you choose that route., and if you choose to file under a waiver option the sooner you get the final decree the better./

I am in the same situation, what is worse is I am in NC and it requires ONE year of separation in order to start divorce process. We filed 751 back in June 2017, and we are separated Jan 2018, I wont be able to get divorce until Feb 2019 NEXT YEAR.  I am a Vermont filer, so I will most likely hear  from USCIS June this year, either approval or interview.  so this is my laywer told me

1 best scenario, I got approved this JUne without any interview, I don't need to do anything. because separation does not mean divorce, it could be we just are working on problems,  and USCIS only needs to know a status change if we are formally divorced. to USCIS, the only thing matters to them is divorced or married, separation is still "married" even in the future at N400, since I wont be divorce until next year 2019, so getting 751 approved in June 2018 will not create issues for N400. I can jusy simply say we were still working on the problems during the year of separation, and was hoping to repair marriage, although it failed.

2 worst scenario, I get interview this June, and husband will not go with me, I need to show up my self and ask for a divorce waiver, by that time I wont have my final divorce till next year, so they will give me 87 days to acquire it, but I will fail to provide, so they will deny my greecard and put me to immigration court, normally it will take 6 months for a judge can see you, that will give me enogh time to abtain a final divorce paper work.

so , basically my lawyer told me I do not really need to do anything right now because "separation " does not mean a final divorce, and the USCIS does not say they have to know separation, they said on website they only needs to know if we are divorced.  

I got the same thing on Feb 25th, and I checked other similar numbers and they are all transferred to local office. I don't believe every case will get an interview...I am a June filer.