filed 751, then divorce , cant find good help :(

[kofo 0]

Hello

i hope everyone is having happy new year that is much better than mine

I filed to remove condition on my green card 751 on September 2015 , did my bio on October 2015
at the time i had happy life with my wife with small issues

problems start to get a lot worse until i caught her cheating on me

had so much issues and i tried HARD to save our marriage but it didnt work
we have been married for 2 and half years but she filled for divorce and served me the papers on Dec 2015 and i have 30 days to replay

i was reading on the internet and talked to 3 lawyers trying to find out what i need to do but every one is saying something different and confusing me

she just filed for divorce and divorce is not final , i know for fact that it will take at least 3 - 4 month and maybe more
what do you think i need to do ?

should i file another 751 telling them we are getting divorce ?
should i wait until the divorce is final ? (my wife and i are both crazy in love, we just had big issues out of hand and she did bad stuff, but who knows we might withdraw the divorce case and we might go back together, small chance but possible)
should i just wait to see if they are going to ask for interview or not (i have had A LOT of evidence filed with my application, at least 15 different document and so many photos )
if i am going to apply for citizen based on 5 years green card would any of this affect me ?

do i need lawyer for any of this ? i talked to 3 , each one said something completely different and i dont know which one saying the truth and which one want my money

i am really going through bad times, any help will be good at this point

thank you

[Starkilla09 366]

Hello

i hope everyone is having happy new year that is much better than mine

I filed to remove condition on my green card 751 on September 2015 , did my bio on October 2015

at the time i had happy life with my wife with small issues

problems start to get a lot worse until i caught her cheating on me

had so much issues and i tried HARD to save our marriage but it didnt work

we have been married for 2 and half years but she filled for divorce and served me the papers on Dec 2015 and i have 30 days to replay

i was reading on the internet and talked to 3 lawyers trying to find out what i need to do but every one is saying something different and confusing me

she just filed for divorce and divorce is not final , i know for fact that it will take at least 3 - 4 month and maybe more

what do you think i need to do ?

should i file another 751 telling them we are getting divorce ?

should i wait until the divorce is final ? (my wife and i are both crazy in love, we just had big issues out of hand and she did bad stuff, but who knows we might withdraw the divorce case and we might go back together, small chance but possible)

should i just wait to see if they are going to ask for interview or not (i have had A LOT of evidence filed with my application, at least 15 different document and so many photos )

if i am going to apply for citizen based on 5 years green card would any of this affect me ?

do i need lawyer for any of this ? i talked to 3 , each one said something completely different and i dont know which one saying the truth and which one want my money

i am really going through bad times, any help will be good at this point

thank you

You're not in a very complicated scenario as it may seem as the law is clear regarding this process and divorce. What you need to do is withdraw this petition as your wife has filed for divorce, and file yourself with a waiver of good faith marriage. USCIS will send you an RFE for the divorce papers which you will submit later once it's complete. Keeping this current petition when you're divorcing is ill advised, as this will hurt you when you seek naturalization because this marriage will be revisited and will complicate matters for you. By the way it wouldn't be an issue when applying for citizenship under 5 year rule if you're divorced. Some officers might pry though into your previous marriage by asking a few questions as part of naturalization interview but it isn't a deal breaker. It's just to make sure you didn't initially circumvent immigration laws to procure a green card. It's a stressful time in your life, however; you'll be able to remove conditions on your own since you've been married for quite a while and do say you have lots of evidence.

Edited December 31, 2015 by Starkilla09

[aaa2zzz 27]

If you look at the instructions for Form I-751, you have to file it jointly with your spouse and you may file it on your own if you are divorced or if you have been battered or subject to extreme cruelty (no evidence of that in your post).

You should never lie in connection with any interview or application. Get prepared with any other evidence to show the marriage was bona fide.

Divorces take time. Until the divorce is final, you are not divorced so you are not allowed to file another I-751.

Your divorce may not be finalized before the I-751 is filed. Do you have any reason to rush it?

If you can find a good marriage counselor.. not all of them are good

[aaa2zzz 27]

Read this field memorandum. Print it out. It explains the whole process. Sorry about the immigration lawyer(s) you consulted which were unfamiliar with the law. Most of them work mostly on asylum or employment issues.

http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/2009/i-751_Filed_%20Prior_Termination_3apr09.pdf

[Ontarkie 14,378]

~~Moved to Effects of Major Family Changes on Immigration Benefits, from IR1/CR1 - as similar topics are discussed here.~~

[NikLR 13,231]

Since you've already filed the I-751 you can change it to a divorce waiver filing. You will get an RFE for the divorce decree. There are other threads that discuss what happens from that point if you do not have it yet. I can't remember off the top of my head, I'm sorry.

[kofo 0]

Hello

So i got 2 answers , one said i should let them know about the divorce , another one said i shouldn't

anyone else ?

[Villanelle 4,122]

Heres the thing-

First, did you read the memo linked above? If not please do. The memo states (and Im paraphrasing a bit because I can not copy/paste from it) IF the adjudicator is processing a joint 751 and discovers the parties are separated/divorced/process of divorce- they RFE you and ask for a copy of the divorce and if you want to switch to a waiver filing. You can either do so (switch to waiver), submit your decree and be evaluated on the bonafides as a waiver, OR stay as a joint petition where both parties need to attend and be evaluated on the bonafides.

So the big thing is is IF they become aware of the situation. In the past people have reported NOT advising USCIS of the pending divorce/separation and having it come back to haunt them at naturalization. So while there is no official requirement to notify them of the separation/pending divorce- by not doing so you can create future problems. The safe advice is to advise them.

You will then be given the opportunity (as stated above) to switch to a waiver or remain as you were- joint. Very very very few people remain joint. Mostly because you need a significant level of trust in the other party to show up at the interview, and not have them saying anything that could jeopardize your status.

You will get different answers from different attnys. This doesnt mean that any of them are "wrong" per say. There are many paths that lead to the same destination. To answer your specific questions:

should i file another 751 telling them we are getting divorce ?

You can. Most on here will advise you to switch to a waiver on the application you already submitted rather then paying the fee and sending it again as a waiver.

should i wait until the divorce is final ? (my wife and i are both crazy in love, we just had big issues out of hand and she did bad stuff, but who knows we might withdraw the divorce case and we might go back together, small chance but possible)

Depending on when you originally submitted your joint form/which service center its at/how soon are you to be approved or processed- You may have time to wait, you may get approved before you submit it (which can cause problems later) or you may get selected for an interview (if you do you can then switch to a waiver at the interview or go with your spouse and retain the joint application)

should i just wait to see if they are going to ask for interview or not (i have had A LOT of evidence filed with my application, at least 15 different document and so many photos ) Most do not get interviews. If you submitted a good packet with your ROC the chances for an interview are low. However something you didnt mention- if your spouse notifies them of the separation or requests to be removed from the joint petition they will set you for an interview (see memo)

if i am going to apply for citizen based on 5 years green card would any of this affect me ? As stated already there have been people reporting problems at naturalization because they did not notify USCIS of the separation/pending divorce. They were basically accused of circumventing immigration laws and receiving ROC approval with out all the details being provided. You do not want to fall into a mess like that. Otherwise, divorce does not have any impact on your ability to naturalize at 5 yrs.

[kofo 0]

dear

Damara

amazing answer

thank you so much

[Villanelle 4,122]

Very glad that things are clearer for you now! If you can- please post back with updates about your process. The more experiences that are documented the better.

You can add on to this thread as you go or start a new one (just dont start one every time something happens lol)

[kofo 0]

Very glad that things are clearer for you now! If you can- please post back with updates about your process. The more experiences that are documented the better.

You can add on to this thread as you go or start a new one (just dont start one every time something happens lol)

I was about to find an attorney and file new 751

first guy advised me to not do so, he said if you want to change to 751 with waiver then you should have divorce decree with you (and it looks like its going to be good fight before i get divorce decree)

so i met with another 2 lawyers , all 3 said its best for me to wait until i get replay from USCIS about whats next

if approved before divorce is final, then there is nothing to worry about

if asked for an interview then i can go alone to the interview and change it to waiver 751

if divorce was final before any updates then i should notify them about divorce and change it to waiver

and all 3 told me i need to think and make decision since it MIGHT give me issue when its time to get US citizenship

so i am really so confused again.

[aaa2zzz 27]

Seems to me three lawyers are telling you the same thing. No reason to be confused.

[Villanelle 4,122]

I agree I dont see any difference in what the attnys said (?) Am I missing something?

Anyway- its like I said before- there are many paths that lead to the same location. You have to pick one. No one can or should pick for you. A few points for clarification on what the attnys told you:

first guy advised me to not do so, he said if you want to change to 751 with waiver then you should have divorce decree with you (and it looks like its going to be good fight before i get divorce decree)

How long until you are expected to get the decree? I know in some places there are mandatory waiting periods. You need an estimated idea of when you will get the decree to make an informed decision. Moving on- the attny said you should have the decree not that you MUST have the decree. Its better if you have the decree because they will not approve your ROC with out it. But if you switch to a waiver with out having it- well thats fine. Its more complicated as they will tentatively 'deny you' for not having it and then if you can not present it in time they must close your file and refer you to immigration court where you can present it or ask for time to present it. It sounds scary but its not. Its quite common esp in places where there is a mandatory waiting period to divorce.

i met with another 2 lawyers , all 3 said its best for me to wait until i get replay from USCIS about whats next

This is somewhat dangerous advice because they do not notify you if you are going to be approved with out an interview. They will notify you if you are going to have an interview where you can then advise them of the situation and switch to a waiver but if they dont select you for interview you will get approved with out all the information (you are separated) this can come back to bite you at citizenship.

if approved before divorce is final, then there is nothing to worry about

Again, please see above. Technically there is nothing to worry about in regards to the 751. The memo above refers to IF they are notified or discover you are separated. If they dont know and approve you the approval is fine in itself- however there have been users on here in that exact situation who were then denied naturalization or had issues when the separation was discovered.

if asked for an interview then i can go alone to the interview and change it to waiver 751

if divorce was final before any updates then i should notify them about divorce and change it to waiver

All true. You just dont mention if you are not asked for an interview which was went over above.

and all 3 told me i need to think and make decision since it MIGHT give me issue when its time to get US citizenship

YES. So it is important to not get into such a mess. You basically need to decide if you want to wait to see if you get an interview notice and then notify them OR if you want to be proactive and notify them now. By doing it now with out the decree you are setting your self up for immigration court. By waiting you can either have the decree in time (before approval or before interview) OR get the opportunity to switch to a waiver at the interview.

The only thing I can suggest is if you are considering waiting to check timelines. There should be a monthly ROC thread for the month you filed in. See what service center you are at and how they are moving on approvals. You may have to look back a few months. If you start seeing people reporting getting interview notices or approvals close to your date you would want to take action if you havent done so yet.

[Ryan H 3,819]

***One off topic post removed along with a member's access to this thread.***