Question for n400 application: Divorce started after I 751 approval. Am I in trouble?

[Brother Hesekiel 2,236]

Yes, Bob. But the question is how to prove to them that I didn't file my I 751 jointly. or they should be able to know that when processing my case? As I said, they approved my 10yr GC without interview before my divorce official finalized, and never asked me a divorce decree.

Still confused.

Thanks

Reading Jim's reply, I wonder if I have totally missed something here, and it's possible, as I'm not feeling well lately.

Was that you, anh, who at another post asked how you could get a copy of your I-751 or was that somebody else?

At this point, I venture to say that since you are a Green Card holder for 5 years now and have a 10-year Green Card for 3 years, I do not feel that the I.O. will have a closer look at your I-751. Your petition was approved 3 years ago and at this point of your journey the marriage is of no concern anymore.

Of course, Jim is very thorough, so I have to have a second look.

[anh 0]

Perhaps D was selected in part 2 of the application.

"I entered into the marriage in good faith but the marriage was terminated through divorce/annulment."

That wouldn't be quite correct as at that time the marriage was not terminated.

But checking A wouldn't be correct either as the marriage was in the process of being ended.

"My conditional residence is based on my marriage to a U.S. citizen or permanent resident,and we are filing this petition together."

Normally in a situation like this, best to write in, "See Attached Sheet" then explain your situation.

Regarding making any kind of a judgment, way over my head, see an immigration attorney. And always good to make complete copies of everything you sent in.

Now you know why I'm confused and worried.

So, how you think? is my problem serious? I'm going to see an attorney.

[anh 0]

Reading Jim's reply, I wonder if I have totally missed something here, and it's possible, as I'm not feeling well lately.

Was that you, anh, who at another post asked how you could get a copy of your I-751 or was that somebody else?

At this point, I venture to say that since you are a Green Card holder for 5 years now and have a 10-year Green Card for 3 years, I do not feel that the I.O. will have a closer look at your I-751. Your petition was approved 3 years ago and at this point of your journey the marriage is of no concern anymore.

Of course, Jim is very thorough, so I have to have a second look.

Yes, It's me at another post I'm getting panic I know

I'm trying to collect as much document as I can to explain my marriage at that time, but not much of which I can get 5 years already All I can get now is some wedding pictures, joint tax, bank statement, divorce decreee. That's it.

would getting an immigration attorney help?

Please advise, thanks

[JimVaPhuong 4,863]

Hi

I did start the divorce before I filed I751 singly (it was on July25 2007), but it took 6 months for the divorce to be finalized (Jan 26 2008) --> I didn't lie anything.

Thanks

Ok, so when you say "separation" in your timeline list you really mean that's when you filed for the divorce.

It's not unusual for people to file the I-751 after filing for the divorce, but before the divorce is final. It is unusual for USCIS to approve the ROC without getting a copy of the divorce decree. They should have sent you an RFE for the divorce decree, since your I-751 is not approvable without it.

Frankly, I'm not sure what happens in this case. If they had issued the RFE instead of the 10 year green card then you would have had about three months to produce a divorce decree or be placed in removal proceedings. From the looks of your timeline, you should have been able to get them a copy of the divorce decree before the RFE response deadline. In other words, it looks like the eventual outcome would probably have been the same. For that reason, if they discover the mistake now then it might not be a factor.

The immigration lawyers I know have a tendency to say that you should ignore it when USCIS errs in your favor. I'm a little more skeptical. Any error is a flaw in your immigration file, and any flaw can come back to bite you in the future. Then again, stirring the pot at this point might only result in all hell breaking loose - USCIS could determine that your green card is not technically valid since your I-751 wasn't approvable, and they could make you go through the ROC process again, this time having to prove why you were justified in filing so late. In other words, they could punish you for their screw up.

See what your lawyer thinks.

[Okalian 41]

Frankly, I'm not sure what happens in this case. If they had issued the RFE instead of the 10 year green card then you would have had about three months to produce a divorce decree or be placed in removal proceedings. From the looks of your timeline, you should have been able to get them a copy of the divorce decree before the RFE response deadline. In other words, it looks like the eventual outcome would probably have been the same. For that reason, if they discover the mistake now then it might not be a factor.

Jim,

Not only that, but also if you look at the date he applied it was in 2007, and the new memo from USCIS that allows you to initially file I-751 waiver without the decree was issued in April 2009. Basically they completely screwed up by thinking the divorce decree was included (when it was NOT) or they confused it with a joint filing (without looking at the signature section). His I-751 waiver was supposed to be rejected because it was missing one of the key documents for filing in his specific criteria of eligibility (Divorce). Whichever the case, it's a screw up, and I really hope there's something we're not being told.

OP, check this case http://www.visajourn...ost__p__3914647

Due to a (possibly) similar situation to yours in regards to having a different marital status than that in I-751 at the time of approval. His N400 was denied because he wasn't considered a permanent resident. Like Jim said, this is a very serious matter..

Trust me, seems like they DO look back at your history especially if you obtained your GC through marriage to a US citizen, and you'll provide it especially that they ask for proof of divorce as part of the N400 package.

Edited October 17, 2010 by Okalian

[NickD 203]

This tread is certainly heading in a different direction and certainly no expert on this subject. Just from experience, the first big shock to me, the sponsoring US citizen, was to learn after what we had to go through for our AOS is that my wife and stepdaughter would only get a conditional permanent resident card. The I-751 stage of our relationship was the most expensive, the most time consuming, required the most evidence, and the most stressful. Even went as far as to give agents of the USCIS an invitation to come and live with us, even sleep with us in our king size bed.

Only to read that this same USCIS issued a green card to a person that simply checked entered a marriage in good faith but with no proof of a divorce.

Don't get me wrong, I have nothing but sympathy for this gentleman, and have nothing against him, it's this agency that is really causing me doubts.

Born and raised in a country that preaches freedom only to be drafted to fight for freedom for a country I never never heard of and expected to give my life for that cause that resulted in nothing. But I did have a choice, either to say the oath or to go to jail, still wonder how legal that choice given to me was. Then to have an EPA come into my plant and threatened to close it down if I didn't spend hundreds of thousands of dollars to comply with unproven technology they came up with not to mention OSHA and the ERA telling me I can't have spray cans sold on any grocery store shelve or who I could or could not hire. Then to have a government that takes my major job away and sent it to China. Then to meet a woman from a different country that was beyond my most wildest dreams, fall in love, then to be constantly accused of committing fraud with threats of a $250,000.00 fine and five years in prison until I proved myself and she herself innocent.

I have to tell you, really wondering why we are even staying here, this country I was expected to give my life for as really gone to hell. Yes, I have money in the bank so far for this years outrageous property taxes, if I don't pay those, will be tossed out on the street and have my home auctioned off. And bad enough having to listening to these constant attack ads wherever I go, TV, newspapers, mail, radio, and my phone is constantly ringing off the hook. As far as I am concerned, all of our choices should be tossed in jail.

What in the hell is going on?

[resilient 2]

I was reading this 1 year old topic and I think some answers here are totally misguided. I think when someone is not sure about their answer, it's better NOT to answer - you just confuse people!

"I entered into the marriage in good faith but the marriage was terminated through divorce/annulment."

> yes, this is the correct box to check in the form even if your divorce decree is pending. It is not the applicant's fault that USCIS allows for waiver applications with divorce decree pending, and does not correct the form accordingly.

My point is, if you are not sure -- please don't guess-answer!!! come on, really. why do that??? And why recommend to the OP to see an attorney? If that's your recommendation for a case that is not even that serious, why be here answering questions? People know they CAN see an attorney. I don't mean to be mean (lol) but... Please!

Regarding making any kind of a judgment, way over my head, see an immigration attorney.

Edited November 11, 2011 by resilient

[JimVaPhuong 4,863]

I was reading this 1 year old topic and I think some answers here are totally misguided. I think when someone is not sure about their answer, it's better NOT to answer - you just confuse people!

> yes, this is the correct box to check in the form even if your divorce decree is pending. It is not the applicant's fault that USCIS allows for waiver applications with divorce decree pending, and does not correct the form accordingly.

My point is, if you are not sure -- please don't guess-answer!!! come on, really. why do that??? And why recommend to the OP to see an attorney? If that's your recommendation for a case that is not even that serious, why be here answering questions? People know they CAN see an attorney. I don't mean to be mean (lol) but... Please!

I never guess.

Yes, an LPR can self-petition for removal of conditions based on divorce but before the divorce is final. As Okalian pointed out, a memorandum issued in 2009 instructs immigration officers to send an RFE if the divorce decree isn't included with the I-751. Prior to that, it was standard procedure for USCIS to simply deny the I-751. At the time the OP created this thread, it appeared that USCIS never did receive a copy of his divorce decree.

If you think USCIS never tries to correct a previous mistake they made then you're mistaken. If they approve a petition, and then later discover that it should have been denied, then they'll revoke the approval of the petition, as well as any immigration benefits that have been approved since the petition was originally approved.

[resilient 2]

JimVaphuong, your answers are always PERFECT and straight to the point! I mean it. I was talking about other posters...

I never guess.

Yes, an LPR can self-petition for removal of conditions based on divorce but before the divorce is final. As Okalian pointed out, a memorandum issued in 2009 instructs immigration officers to send an RFE if the divorce decree isn't included with the I-751. Prior to that, it was standard procedure for USCIS to simply deny the I-751. At the time the OP created this thread, it appeared that USCIS never did receive a copy of his divorce decree.

If you think USCIS never tries to correct a previous mistake they made then you're mistaken. If they approve a petition, and then later discover that it should have been denied, then they'll revoke the approval of the petition, as well as any immigration benefits that have been approved since the petition was originally approved.