PLEASE HELP!!! I-751 pending and divorce

[santiagosilva 8]

Still no updates ?

 

I'm still waiting

[santiagosilva 8]

I just got back from my second infopass appointment. (fargo ND field office) The officer said he only dealt w n 400 and that there was nobody else at that office. I said i have a i 751 pending and that I'd have to come here, so he would have to most likely deal with both my cases . He kind of just shrug his shoulders. I told him about my pending divorce, and that estimated timeline would be divorce court in May, final late may. He said I most likely wouldn't qualify for the N 400, that I might as well withdraw it, but that he was going to have to look into the laws. I asked to clarify that "n 400 counts as continuous marriage, all the way through the interview, NOT just application date?" he repeated 2-3 times that that was the case. (but that he would look into it.) He also said that the N 400 are 16 months processing times. (in my case, that would put me at finalizing n 400 a little after my divorce.) But as I said, he didn't seem 100% sure on a lot of things, so I'm not going to take this as gospel for now.

 

 

Edited March 18, 2019 by santiagosilva

[MohU3 57]

On 3/18/2019 at 5:38 PM, santiagosilva said:

n 400 counts as continuous marriage, all the way through the interview, NOT just application date?

I had the same situation, which Was applying for the N400 under the 3 year rule and it was pending for a long time and when I got my interview, I was divorced already. At the interview which was conducted till the end including going on question by question in the application and the civic test. Then I was told that I couldn't be approved since the marriage was terminated and I'm only eligible under the 5 year (yes it took that long that I already became eligible for the 5 year rule). I tried to argue your point that the law says that I need to be eligible at the time of filing not the interview and the 3 years pending of my application was their fault not mine, but I finally got the denial letter and it says that THE PETITIONER IS NOT ELIGIBLE IF THE MARRIAGE WAS TERMINATED BEFORE OR AFTER FILING THE APPLICATION. I'm sorry for the bad news but I didn't want you to get your hopes up. I end up filing another N400, wasting another $725 and a year of my life waiting.

 

[santiagosilva 8]

17 hours ago, MohU3 said:

I had the same situation, which Was applying for the N400 under the 3 year rule and it was pending for a long time and when I got my interview, I was divorced already. At the interview which was conducted till the end including going on question by question in the application and the civic test. Then I was told that I couldn't be approved since the marriage was terminated and I'm only eligible under the 5 year (yes it took that long that I already became eligible for the 5 year rule). I tried to argue your point that the law says that I need to be eligible at the time of filing not the interview and the 3 years pending of my application was their fault not mine, but I finally got the denial letter and it says that THE PETITIONER IS NOT ELIGIBLE IF THE MARRIAGE WAS TERMINATED BEFORE OR AFTER FILING THE APPLICATION. I'm sorry for the bad news but I didn't want you to get your hopes up. I end up filing another N400, wasting another $725 and a year of my life waiting.

 

Thanks for the info

 

the only thing, is if the definition is "marriage" as in living together, or "marriage" as in not finalized the divorce".  As my wife is dragging her feet, and refusing to communicate with her lawyer etc.

[MohU3 57]

On 3/20/2019 at 3:33 PM, santiagosilva said:

Thanks for the info

 

the only thing, is if the definition is "marriage" as in living together, or "marriage" as in not finalized the divorce".  As my wife is dragging her feet, and refusing to communicate with her lawyer etc.

I would send them a letter explaining the situation. They might issue an RFE for you to send in the divorce decree. Or you can just wait till you get your interview and explain your situation there on the spot

[santiagosilva 8]

11 minutes ago, MohU3 said:

I would send them a letter explaining the situation. They might issue an RFE for you to send in the divorce decree. Or you can just wait till you get your interview and explain your situation there on the spot

Oh i've sent toooons of online requests, emails, phone messages.... spoken to tier 2  ...

the only one thing i haven't done, is a physical letter, but that's in part because I'm not sure where my case is.

 

I've gotten so many contradicting facts. I forgot to ask the officer when i went monday . I later remembered that I was going to ask him, but we got so side tracked on my divorce and n 400....

[Brenda Williams 0]

HI, I am undergoing the same situation right now and I was just wondering if you have any results or advice with your procedure and what you have done. Thank you!

[santiagosilva 8]

6 hours ago, Brenda Williams said:

HI, I am undergoing the same situation right now and I was just wondering if you have any results or advice with your procedure and what you have done. Thank you!

Whenever I call USCIS , or when i went to get my Infopass, they just keep saying to wait.

 

Out of curiosity, what is your situation?

[hval1981 2]

On 7/12/2018 at 11:31 AM, mcfrl said:

Update: I am "officially" divorced. my ex filed an uncontested divorce, he got it finalized yesterday, and he call me to update me, since a copy of the divorce decree will be available within 10 days, I am now just waiting on getting this copy, to visit lawyer and move forward.

Hi mcfrl, I saw you got approved already for your i751, did you end up notify the USCIS and then got approved? Or you didn’t notify them?

Edited April 22, 2019 by hval1981

[hval1981 2]

On 3/28/2019 at 10:23 PM, santiagosilva said:

Whenever I call USCIS , or when i went to get my Infopass, they just keep saying to wait.

 

Out of curiosity, what is your situation?

Hi santiago, 

 

I have a question, if I filed jointly and was still married legally when we filed, and then now we are divorced and we have a final decree but still waiting for roc, do I need to notify uscis and do a waiver? and I guess re-file the I 751 and do a divorced? Or just wait till I get something from Uscis? Thanks!

 

 

[santiagosilva 8]

4 minutes ago, hval1981 said:

Hi santiago, 

 

I have a question, if I filed jointly and was still married legally when we filed, and then now we are divorced and we have a final decree but still waiting for roc, do I need to notify uscis and do a waiver? and I guess re-file the I 751 and do a divorced? Or just wait till I get something from Uscis? Thanks!

 

 

Everyone in this situation has always notified USCIS the minute there was a change. I'm still not done w my divorce nor i 751.... nor....n 400.....

 

 

but the ppl i've spoken to here, have sent in their divorce decrees + waver asap as possible. Most of the ppl i've spoken to, have had their cases expedited as a result......

[hval1981 2]

6 minutes ago, santiagosilva said:

Everyone in this situation has always notified USCIS the minute there was a change. I'm still not done w my divorce nor i 751.... nor....n 400.....

 

 

but the ppl i've spoken to here, have sent in their divorce decrees + waver asap as possible. Most of the ppl i've spoken to, have had their cases expedited as a result......

Damn sorry man, but always be positive! And don’t give up!! We all going to get what we fighting for.

do you know what are the steps to do a waiver? 

 

 

[hval1981 2]

13 minutes ago, santiagosilva said:

Everyone in this situation has always notified USCIS the minute there was a change. I'm still not done w my divorce nor i 751.... nor....n 400.....

 

 

but the ppl i've spoken to here, have sent in their divorce decrees + waver asap as possible. Most of the ppl i've spoken to, have had their cases expedited as a result......

And also it is really vague about this one, there is nothing on their website saying that we need to inform them when the divorced is finished while still waiting on pending roc filling jointly 

[santiagosilva 8]

8 minutes ago, hval1981 said:

And also it is really vague about this one, there is nothing on their website saying that we need to inform them when the divorced is finished while still waiting on pending roc filling jointly 

I know I saw or heard about that somewhere that one has too, this could be when I called / emailed all those 1000s of times.

I would as soon as you have your divorce decree.

[hval1981 2]

2 hours ago, santiagosilva said:

I know I saw or heard about that somewhere that one has too, this could be when I called / emailed all those 1000s of times.

I would as soon as you have your divorce decree.

Oh okay, but you know my situation right? We were together and filled jointly and now while waiting the roc we got divorced and we got the decree, so not sure what to notify here... or how to do the waiver...