Mobius1

And that sort of irks me. Why list things if they are not needed. The form could have a separate question for traffic matters, such as: 1) Have you in the past 5 years been cited by LE? a) Was the fine above 500$? c) Were you detained as a result? b) Has the fine been paid off? - If yes, submit a copy of fine payment receipt. This should not even be an item to discuss with the IO if there isnt any red flag.

Well I am pretty sure they know when something gets approved since its all within the same branch (USCIS). The real question is when do they get back to processing the case after new information.

A few months back, one would submit n400 with a pending i-751, this would "force" ISOs to do a combo interview but recently they have out their foot down and let the i-751 run its processing timeline instead of having it jumped ahead of line. Still, I think you will get some news in a a few months or weeks.

While its not accurate, it does show that the overall processing time has been reduced, just cant attach a real number here. If you average the data, it seems like 6-9 months is the wait time from application to interview. Some lucky people have even gotten their time frame down to 2 months. n400s used to take more than a year some months ago.

Since you filed the ROC Feb this year, you got PLENTY of time (2-3 years) until interview/ decision comes, still don't leave it to chance. Use this time to get divorced fast so that you have the final judgement / decree. He can then amend that ROC to divorce waiver which essentially will have him granted the 10 year GC and your wish will be granted as well.

There's two possibilities. Best case scenario: They conduct a combo interview and you get both i751 and n400 approved the same day and even better get to take the oath the same day if your local office allows. Worst case scenario: They conduct n400 interview and tell you to come again later for an i751 interview. Once the i751 interview is passed, both n400 and i751 will be approved.

In the end, the IO will care only about the fact if your marriage was real. This question of violence may come up, however, still salvageable. Collect a lot of evidence, I see an interview in your future. Infact, one lawyer in his shows said report of DVs is a piece of evidence of a real marriage. Its rare to see i751s denied. But if they do, you can get another shot of re-filing another i751 if done soon minus letter of NTA. But even if you get an NTA, you can present your case Infront of a judge. I would suggest hiring a lawyer for your future filings so you dont make a mistake.

Yeah that might be it. Best to wait 5 years.

Not a lawyer but I dont think that matters since initial marriage ended in divorce and the 3 year rule died with it What's weird is that why do u need the 3 year rule? If you are a LPR since 2015, you are were to apply under 5 year rule in 2020

The fact that you have a son in this marriage will suffice as most of the evidence for your bonfide marriage (though this may not get digested by some folks). You have a very clear path not only to 10 year GC but also to citizenship based on 5 year rule. Send a letter to USCIS first thing tomorrow that you are divorced and include your divorce decree. You can provide an explanation but its not required. Golden rule when dealing with gov is, only tell what you are asked but never lie or makeup things. The letter should be simple and straight to the point. In it, ask USCIS reviewing officer to convert your JOINT i751 to WAIVER under good faith marriage. Include a copy of your initial marriage certificate, divorce decree, and just for good measure a copy of child birth certificate. Your job/ degree etc don't need to be mentioned. They don't care about it since affidavit of financial support was done in i485. Time is against you, take action asap and dont get approved without an interview on that joint i751. That would result in misrepresentation and future troubles you don't need in your life.

Largely agree but: There isn't any obligation or law to notify of a divorce in progress as there is for an address change. Upon finalizing of divorce, yes one needs to notify and convert into waiver. The misrepresentation / trouble kicks only when a joint i751 is approved after the couple has legally divorced. If USCIS didn't conduct an interview thus not forcing a statement out of the applicant of their marital status (pending divorce) under oath, then its on them.

Divorce but still living together = not legally married to the USC. You are not eligible under 3 year rule. They are VERY strict about it. I have heard of people's cases (3 year rule) denied just because they are not living together more frequently as one had to travel a lot due to work. Some what similar to your situation. Another inconvenience of 3 year rule is you have to re-prove your marriage 2/3 the intensity of i751. For most, however, that's not an issue.

In that case you are fine. i751s are at the bottom of the priorities for them. Some people have been waiting for their answer for 3-5 years. Not necessarily, USCIS doesn't care about your reasons but the reality of the marriage, however, it doesn't hurt epically if the cause was not your fault or you didn't initiate it. Irreconcilable differences is the most common ground for divorce. If an interview comes, be prepared to present a lot more evidence than you did during i485. Just write a simple letter and add the following statements in bold: "This letter is to request USCIS to change my joint petition into Divorce waiver under good faith marriage. I sent a letter prior to this one on date XX but did not receive an RFE for the final divorce decree. You can find a copy of my divorce decree with this letter. I would appreciate an acknowledgement of this receipt." You are on the clock! Do hurry up with this 2nd letter and keep records of confirmation / receipt.

Did you change your address post divorce / separation? If so did you file an AR11? Hopefully if there was an RFE, it wasn’t sent to a wrong address. If I were you, I would send another letter (certified) just in case and keep the confirmation of tracking or email with you to cover yourself that you did indeed send it. You also should file for a FOIA, which is processed in 2-4 months time. It will give you everything USCIS and other agencies have on you excluding the redacted information. There usually is a higher chance of interviews for divorce waiver cases unless you have like 9 out of 10 rating marriage evidence.

I respectfully disagree with the world of hurt comment. I have had this discussion with a number of lawyers as well as a former USCIS adjudicator. The problem arises when a joint petition is approved when there already is a final divorce decree in hand. Per law you can be separated and have divorce proceedings initialized but it’s not a reason for ROC denial. However if an interview takes place, the separated couple (both) have to attend and inform the IO of a pending divorce. Per law you are legally married until the judge signs the divorce papers. In OP’s case, luckily he hasn’t been approved yet. He must send another letter along with a copy of the decree in a certified mail. To be safe he should order his foia soon after.

I know the feeling. I too tend to overthink esp worst case scenarios while my lawyer giggles at me.

This is just my opinion but its rare to see an i751 getting denied these days. Especially, if filed with a lawyer, there is a high chance of getting it approved without an interview. While divorce or WAVA waivers do invite extra scrutiny, still I have heard some of them being approved without interview. In the end it comes down to your proof, which you mention you have a lot. I wouldn't worry about it. But if you really want to make sure nothing goes off during your travels, request a FOIA to see what most branches of the govt have on you and see if you can find anything concerning. Takes about 2-3 months, can be done online without a lawyer, and is free.

Get that in writing. Also I'd still recommend a FOIA. Takes about 2-3 months.

Prepare a errata sheet with supporting evidences and bring them to your interview. Before you are sworn in, just let the officer know that there are some mistakes you made in the application and want to correct them. Half purpose of the interview is to correct any items on the application, while the other half is eligibility verification. Did you file this n400 online or mailed it?

A FOIA may help you dig copies of the documents that were sent to your but you never received. This can still be salvaged but through a lawyer. You need to make a strong case of documenting the steps you took to follow up on status of i-751. Your AR-11 by mail or online that you filed upon address change. Check that date against their notice if they ever sent. You will also find any other concerning items in that FOIA to help you better prepare. Key item here is that there are two road blocks to not only citizenship but also LPR. First gate is i751 approval and second n400. Even if you pass n400 but i751 is undecided or worse denied, it almost like you had no progress. Good thing is that you can file as many I-751s as you want but the wait times on those are about 2-3 years. Pay an attorney to file these items for you instead of saving money to gamble with your wife's future in the US.

Sorry to say but this is a tough situation for you. I don't mean to discourage you but make you aware of the difficult time ahead so you can hire a lawyer and prepare accordingly. The issue they will pound you with will be, "Was your marriage entered in good faith?" As you already explained that you cheated is a major red flag for them. And then the USC spouse unwilling to co-sign is another. You have already rung the waiver bell and cant really take that back even if you are somehow able to re-convert it back to joint. A lot right now will depend on your spouse soon to be ex it seems.

Use this link: https://www.timeanddate.com/date/dateadd.html Assuming you are a LPR since 01/16/2020 and are applying under 3 year rule, you can apply for n400 on Tuesday, October 18, 2022 at the earliest. However, just give a cushion of 1 extra day to avoid any misunderstandings and apply on Wednesday, October 19, 2022 Some lawyers (including Jim Hacking) recommend applying on paper instead of online since their online system is prone to glitches and often times selects the wrong entry than the one intended.

Good. You may avoid an interview with that much evidence. Just send it by ups or FedEx certified. Little price to pay for the benefit

Legally speaking, you cant file with divorce waiver until you have the decree in hand, However some lawyers use a clever way where they send a notice to USCIS requesting them to change the Joint petition to divorce waiver. In both cases there is a high chance you will have an interview. However its best to either have the decree in hand before you inform or you are very close to having it. Going to the back of line is essentially their discretion. If you do file a new one, then yes for sure. The worst case is that you have the decree finalized and you get approved jointly. Hire a lawyer for this task. Its a truly (removed) up situation uscis has created by a hard demand for decree within 87 days while process times or both divorce and immigration keep increasing.

Its unfortunately a necessity due to sham marriages. Though I believe an IO could make a determination at AoS interview if ROC is required based on quality and amount of evidence. Another way would be to hire people that are dedicated only to ROC packages and evaluating evidences and sending their results to IOs. But common sense is something that still has to find its way into the agency.