Joint I-751 approved after divorce was final

[Stefania1983 1]

Hello everyone ,

i will post a quick timeline so my case would be easier to understand 

April 13- got married to us citizien

dec 2013- green card approved 

sept 2015- filed JOINTLY I-751

dec 2015- due to unseen circumstances I filed for divorce and even contemplated leaving the US

feb 2016- divorce was final 

aug 2015- my I-751 was approved 

 

now at the time I didn’t know that I was supposed to inform uscis of my divorce, I assumed that it depended on my status at the moment of filing, but I understand that I won’t be able to apply for N-400 now.

how can I fix this? Can I now, 2 years later, apply for a new waiver I-751 with the final decree of my divorce ?

please help if you can

[VeraBradley 27]

1 minute ago, Stefania1983 said:

Hello everyone ,

i will post a quick timeline so my case would be easier to understand 

April 13- got married to us citizien

dec 2013- green card approved 

sept 2015- filed JOINTLY I-751

dec 2015- due to unseen circumstances I filed for divorce and even contemplated leaving the US

feb 2016- divorce was final 

aug 2015- my I-751 was approved 

 

now at the time I didn’t know that I was supposed to inform uscis of my divorce, I assumed that it depended on my status at the moment of filing, but I understand that I won’t be able to apply for N-400 now.

how can I fix this? Can I now, 2 years later, apply for a new waiver I-751 with the final decree of my divorce ?

please help if you can

Was your I-751 approved in August 2015 or August 2016?

[Russ&Caro 1,549]

Since you're no longer married to the person whom you received your green card with, the absolute earliest that they would allow you to file your N-400 is December 2018, under the 5 year rule. I don't think there's anything to fix. You just need to wait before you can file.

 

Correction: the earliest filing possibility is 90 days prior to the 5 year anniversary of the issuance of your green card. That would be sometime in September 2018.

Edited March 1, 2018 by Russ&Caro

[charmander 692]

Your timeline is very similar to one shared back in 2010. That OP got his N400 denied and sought advice. Unfortunately he didn't follow up but last he said was he was going to re-file I-751 with a waiver based on his attorney's suggestion.

 

[Lemon23 400]

58 minutes ago, Stefania1983 said:

Hello everyone ,

i will post a quick timeline so my case would be easier to understand 

April 13- got married to us citizien

dec 2013- green card approved 

sept 2015- filed JOINTLY I-751

dec 2015- due to unseen circumstances I filed for divorce and even contemplated leaving the US

feb 2016- divorce was final 

aug 2015- my I-751 was approved 

 

now at the time I didn’t know that I was supposed to inform uscis of my divorce, I assumed that it depended on my status at the moment of filing, but I understand that I won’t be able to apply for N-400 now.

how can I fix this? Can I now, 2 years later, apply for a new waiver I-751 with the final decree of my divorce ?

please help if you can

Since your divorce was final Feb 2016 and approval of your i-751 was Aug 2015, i think you're good to file n-400, unless your years on your post are not correct.

 

As far as i know you cant file n-400 if you divorce first and the of your approval i-751 follows.

Edited March 1, 2018 by Lemon23

[Stefania1983 1]

Thanks everyone , I meant to say AUGUST 2016

20 minutes ago, charmander said:

Your timeline is very similar to one shared back in 2010. That OP got his N400 denied and sought advice. Unfortunately he didn't follow up but last he said was he was going to re-file I-751 with a waiver based on his attorney's suggestion.

 

I know I was reading his post.. I wonder what happened 

[sharin 41]

1 hour ago, Stefania1983 said:

Thanks everyone , I meant to say AUGUST 2016

I know I was reading his post.. I wonder what happened 

Once case becomes complicated; it is best to hire attorney. You may need to re-file I-751 - which only qualified attorney can help you to guide through than just reading on internet / forum.

[samesituation 0]

Hi there

 

I created this account solely because I have the same situation the OP was in, and wanted to give you my experience.

 

Long story short, I got divorced after I filed a joint I-751 petition to remove conditions, which USCIS subsequently approved after my divorce was finalized, although they were not notified.

 

This was in 2008.

 

I applied for naturalization and, like you, got denied and was placed into removal proceedings.

 

The removal proceedings were long and stressful at best... You need to hire a good immigration attorney. They are not cheap, but they are your only way out.

 

The removal proceedings lasted five years.. I won't get into details on here, but I will share with you the final result. I will also tell you that the immigration courts are very backlogged (probably even more so now with this administration), and hence why it took so many years to complete.

 

My removal proceedings were terminated by an immigration judge five years at the final hearing, and I was able to reapply for naturalization which, got approved the second time around.

 

I wish you the best of luck.