Are we required to notify USCIS if we file for divorce after I-751?

[healthteacher 18]

We jointly filed our I-751 for ROC. 6 weeks later, my spouse hit me with a bombshell and says she wants a divorce. Our marriage is/was real, with tons of evidence, I don't think that will be an issue at all.

What are our obligations/requirements for notifying immigration if we file for divorce?

Will she have to file a brand new I-751 with waiver?

Would appreciate any help, we want to do this the right way.

[NigeriaorBust 4,087]

If you are not in a viable marriage , your wife will need to file with a waiver. To go to an interview and lie would be a very bad idea and even if you do not have an interview now if it comes up doing checking moral character for citizenship it could be a BIG issue.

[TBoneTX 46,194]

A judgmental comment has been removed. Post constructively, or don't post.

[newacct 688]

If you are not in a viable marriage , your wife will need to file with a waiver. To go to an interview and lie would be a very bad idea and even if you do not have an interview now if it comes up doing checking moral character for citizenship it could be a BIG issue.

What would they lie about? They would just tell the truth. If they are still married at that time and willing to both go to the interview, USCIS must approve the joint ROC if the marriage was not entered into for the purpose of immigration.

Edited October 1, 2015 by newacct

[VNL 4]

What would they lie about? They would just tell the truth. If they are still married at that time and willing to both go to the interview, USCIS must approve the joint ROC if the marriage was not entered into for the purpose of immigration.

I agree with newacct. To file a waiver you would have to wait for an official divorce which may take up to a year depending on which state you got married in. I would say consult with a lawyer though.

My close friend went through a similar situation. Her husband wanted a divorce 2 weeks after they filed a joint petition, however they went to marriage counseling and they are still together years after..

Edited October 1, 2015 by VNL

[NigeriaorBust 4,087]

The requirement for removal of conditions is that you ARE in a viable marriage , not that you were. If your marriage isn't viable then you need the waiver that is approved if your marriage was in good faith. To proceed assumes that you will honestly answer questions about where each of you reside and your relationship. If things repair themselves you are fine, if they go down hill , one party will probably not show at an interview.

[newacct 688]

The requirement for removal of conditions is that you ARE in a viable marriage , not that you were.

Do you have a source for this?

This contradicts what it says in this memo.

The statute and regulations require approval of the I-751 petition if the above conditions are met. USCIS may not deny a petition solely because the spouses are separated and/or have initiated divorce or annulment proceedings.