OldUser

Thanks for the data point. Sorry you had to go through this.

That's great thank you for the update. Yes, most of the times IO would not ask for proof, but it does happen to small percentage of cases. It's good to be prepared.

Don't you have 24 months extension of your GC? That should be OK as long as it's valid. I wouldn't file I-90 unless you're close to extension letter expiration. You only waited for 3 months, it's perfectly normal. If you suspect you're not eligible to naturalize due to criminal past or issues with immigration, you can always withdraw N-400 and file I-90 instead. This I would only do after checking with immigration lawyer.

Yes the spouse must attend, even if the letter doesn't say it. She may never be called in, but the chances are high if I-751 is pending and you're naturalizing under 3 year rule.

The only issue is if you travel while biometrics appointment, interview or oath is scheduled. Also, don't forget that you must get a US passport to travel after naturalization. Also do not travel if you've been out of the US a lot and this trip is going to lower your physial presence in the US below required minimum.

Yes. 2-3 weeks to get a notice in the mail by USPS. Once green card is produced, you can wait for 3-4 weeks for it to arrive. If you don't receive it by mid April (15-19) that's when you can start worrying. I'm sure this is not the first time you deal with USCIS and USPS?

What documentation did you provide for yourself? What documentation did you provide for your joint sponsor - brother?

Within 4-6 weeks typically.

Pandemic was used as an excuse pretty much. I-751 is low priority and had the least of USCIS resouces allocated to it.

You'll be filing / amending I-751 to get conditions removed on your own. Your spouse won't be signing it anymore. However, if you're on good terms, you can get a statement from your spouse describing how your relationship started, progressed and ended. In detail. He'd also say he doesn't object you getting conditions removed. You'll write a similar statement. I'd also explain what took you so long to divorce and efforts in the past to save relationship. If you have proof of any marriage counselling sessions etc - that would help. Good luck!

I think your chances of getting this I-751 approved are pretty slim. It's is very unusual to remain married if you do not live together as a married couple, do not plan living together as a married couple and don't have any romantic connection. I'm sorry if you find this question offending... Why are you still married? This is a question that an officer will have in their head. And most likely the answer in officer's head will be - married for immigration. If you divorced in 2020 or 2021, you could have removed your conditions on your own. With evidence that you lived together etc it seemed realistic. But now it's much more complex situation. You'd likely need to divorce and refile I-751 on your own. Your case will look very suspicious to USCIS. Also, don't forget, since you're still married, you still may be liable for any debts your spouse accumulates. I just do no see a reason to remain married?

For I-751: You do not need to expain anything. It was a temporary trip to visit family. As long as you load the application with evidence (joint finances, joint leases, joint tax return transcripts etc ) - you will be fine. You didn't terminate lease etc before going to the UK, right? For N-400 under 3 year rule: You will provide all the trip dates etc. Officer may asked whether you travelled with your US spouse or not. Technically, you can be denied by a very picky officer. The likelihood of this is not too high. You can always file under 5 year rule and it wouldn't be a problem at all. P.S. I might have misunderstood your post. If you had some marital issues, I strongly advice NOT to file N-400 under 3 year rule. Wait for full 5 years and apply at that point. Of course, you have to go through I-751.

Nothing will be decided without paperwork. You need to get all the divorce decrees, get all dates for all marriages and divorces etc etc. You can certainly hire a lawyer, but will still have to do a lot of work yourself.

Yes. The only exception it doesn't save you from I-751 denial due to not showing to interview or missing RFE, as far as I know.

I'm not sure you can provide a foreign address in AR-11. The form is not designed for that. I doubt USCIS can send these notices and especially green card overseas.

This is not a simple situation. It requires some thinking. In general, permanent residency works exactly the same way, whether somebody has a 10 year GC or 2 year GC with pending I-751. A GC holder cannot spend more than 6 months outside of the US on any given trip. Once outside for over 6 months, GC holder is breaking continuous residence. Once outside of the US for over a year, residency can be deemed abandoned, especially if you sell everything in the US, break the lease etc. A conditional resident can file for reentry permit too. But the resident must return to the US for biometrics appointment, interview, etc. Otherwise I-751 will get denied. If you know for sure you'll be leaving the US for several years, you can always withdraw I-751, file I-407 and leave the US. In the future, can apply for IR-1 visa again. Travelling back to the US may be a challenge before getting immigrant visa again.

Make sure to check application multiple times before submitting. There may be some glitches in software resulting in incorrect entries. I don't have experience with online N-400, but occasionally people make some mistakes. I wish there was a list of common issues.

The original documents (passports, birth certificates, marriage certificates etc) should be brought to the interview, in addition to new evidence of bonafide marriage or paying taxes since filing.

Expedite request is one option. Writ of Mandamus is another. For the first one - you gotta have a valid reason why your case should be handled before other cases.

I-130 can be filed online. Not sure about I-130A

Awesome that it worked. Each case is unique. My friend, living in the same city, with pretty much same immigration history, same country of origin, same occupation, same age submitted I-751 two weeks later than me - got approved 4-5 months earlier than me. Neither of us had interview, nor RFE. Same case pattern - different timeline. The USCIS processing time changed from 7 to 12, then to over 14 months, then to 17. Took 20 in my case. I could have tried VJ estimates, I doubt they would be anywhere accurate.

It's possible that you'll never receive a 10 year GC and you'll be naturalized before that. Once you submit N-400, I-751 will still be worked on in the background. It's just very low priority for USCIS.

I'd be the devil's advocate and suggest filing under 5 year rule at the in October this year considering proximity. It's much easier application, no need to reprove marriage. No US citizen spouse required at the interview. Yes, the fee may be slightly higher, but it'd take it for an easier case.

I-130 is worthless without I-485. Until they can be both filed electronically, my preference would be filing both together on paper. Of course people file I-130 electronically and get approved every day. There's pros and cons to each approach.

Hi @Henrinawrocki thanks for the update. I think the smart thing to do before filing N-400 is to file FOIA request asking for ALL immigration files. In the response, if you see your request and documentation about divorce in the file - it's pretty safe to proceed with naturalization. If you don't get any info about divorce in FOIA response, as if they never took it into consideration, then I'd lawyer up and proceed very carefully with N-400. You may need to prove you sent the docs etc etc and it would not be a simple case. Good luck!