I-751, divorce proceedings, and an RFE.

[Dissonantly 5]

My husband and I filed ROC (for him) jointly last March. We've been separated since December. We've been married a little over 3 years now, and are currently going through divorce proceedings. We will likely have the final decree within the next two months. Our pending I-751 just got an unexpected RFE (for more evidence of a bonafide marriage.) He wants to stay in the country, and we are still on (mostly) friendly terms. We're preparing to submit more evidence for the RFE, but I'm wondering if we should submit a letter about the divorce as well? USCIS has no knowledge of it yet. We were thinking of submitting a letter with a brief explanation to what led up to the divorce with the RFE. Will he have to re-file with a divorce waiver or could they amend the joint petition?

 

The situation really looks terrible, especially with the RFE for more evidence given that we're in the middle of getting a divorce. Any advice would be appreciated.

[Deagle 508]

What evidence did you send and what are they requesting? I once went to USCIS local office and I heard them saying to a person who was there for an infopass that "You must inform USCIS once you are or your spouse contemplating divorce". But in my personal opinion I don't think that's right, I mean what if people are contemplating divorce but they didn't really file. USCIS doesn't need to know that, they only need to know if they are legally divorced or legally married. Because a couple might change their mind in last minute!

[booga-boo 53]

If you are in divorce proceedings (as in documents were filed) USCIS needs to be informed. I've never been divorced before but I'm guessing that the final divorce decree will have the original date the divorce was filed and the date it was finalized. It's better to be honest now than to cause future problems when applying for citizenship