Divorce after filing I-751 jointly 8 months in

[DREXEL1 0]

Basic situation is that I got married to a Filipino, I we live in the USA, and going by what I read the 10 G.C. should have been approved in about 6 months. After 7 months she left me and got her own place. I will say it’s not just one persons fault so I take mutual fault, but the story has more than what I am willing to share. What needs to be done once the divorce is final? I know she will need to re-file the I-751, but to protect myself is there something that I need or should do or is it all up to her to re-file/file something or what? I have the feeling that she will just let the cards lay as they are and once the 10 G.C. is here go by that. I do know if she goes for her Citizenship then there will be issue but I want to make sure I am not stuck in any situations that might reflect as fraud. I want what is best for her, and yes I will give her that, but I do not want to be responsible for someone that is not with me.

So is there something that I am supposed to do when the divorce is final? I cannot find anything that says I need to file or change X status. I will talk to lawyer soon, but I wanted to know if anyone might have some info since I can’t find anything other than how to file after the divorce or to get divorced right away. If I am in the wrong place and someone can point me in the right direction thanks for that too.

[VanessaTony 3,567]

Well you can either:

1. Wait and see if she get the card without interview (it happens)

2 if you get summoned for interview she needs to call USCIS and change the filing status to filing with a divorce waiver, she will be RFE'd for the divorce decree

Technically until you're divorced there's no breach but if you get called for interview you attending would be fraud.

To be safe I would call USCIS now and have it changed to ROC with a divorce waiver. She will have 86 days once the RFE is received to get the divorce decree to them.

[DREXEL1 0]

I do not mind filing anything that I have responsibility for. I have filed all the paper work to date without issues, but by a long shot she is not uneducated, and does her own or get someone to help her if it is something that she will need do. (Including me supplying supporting document like bills etc.) I just want to make sure I do what I am legal regarded to do. I know if it comes to an interview she is in a bad place same as if she decides to apply for citizenship. Everything that I have read says “The Divorce must be final” before filing for the ROC, but then I do not see anything that I as the pensioner should file from my understanding that would be her/their responsibility.

I am not laying blame I am just trying to have the peace of mind I need to sleep better. Once I talk to a lawyer then I will share the experience with everyone and at least it will be defined for someone that lives in KY. I am just surprised that it has not been discussed before or that I cannot find it.

[deidre 13]

To be honest...if ur 8 months in...im sure yall will get an answer very soon!

I agree with Vanessa&Tony on this one.... yall could wait it out till you get the GC. If she gets it with no interview then just continue with the divorce as per usual. If yall get called in for an interview, that will be your time to tell the IO exactly what is happening.