Jointly filed I 751 and divorced

[krbha 0]

Really need help, 

 

My current situation: 

 

1)  Filed I 751 Jointly in July 2018.

2) I filed domestic voilence and divorce against my wife in August.

3) I got divorce in September 2018 under "Cruel Treatment" category, i proved in the court that my wife tortured me.

4) During this time, my wife called USCIS and told i left her, but didn't withdraw the I-751.

 

 

My question

1) I asked my lawyer about next steps, he told me to wait till the decision on my current jointly filed I-751.  He mentioned i don't have to inform USCIS about divorce. Is it correct ?

2) Since my wife called USCIS and told them i left her, i am assuming i will be definitely called for interview, so in the interview if i directly show them final divorce decree i got under cruel treatment and the proofs we entered marriage legally, will they approve my case ?

[Cryssiekins 976]

26 minutes ago, krbha said:

Really need help, 

 

My current situation: 

 

1)  Filed I 751 Jointly in July 2018.

2) I filed domestic voilence and divorce against my wife in August.

3) I got divorce in September 2018 under "Cruel Treatment" category, i proved in the court that my wife tortured me.

4) During this time, my wife called USCIS and told i left her, but didn't withdraw the I-751.

 

 

My question

1) I asked my lawyer about next steps, he told me to wait till the decision on my current jointly filed I-751.  He mentioned i don't have to inform USCIS about divorce. Is it correct ?

2) Since my wife called USCIS and told them i left her, i am assuming i will be definitely called for interview, so in the interview if i directly show them final divorce decree i got under cruel treatment and the proofs we entered marriage legally, will they approve my case ?

You MUST tell USCIS about the divorce.  At the interview, you will provide the divorce certificate, along with the proof your marriage was entered into in good faith, and switch to a waiver.  You don’t need your ex-wife.

 

Your attorney May have meant you can wait until there is an interview to tell USCIS.

[krbha 0]

8 minutes ago, Cryssiekins said:

You MUST tell USCIS about the divorce.  At the interview, you will provide the divorce certificate, along with the proof your marriage was entered into in good faith, and switch to a waiver.  You don’t need your ex-wife.

 

Your attorney May have meant you can wait until there is an interview to tell USCIS.

My lawyer said the same, when they called for interview, i have to take my divorce letter. 

 

Actually my question is, is it ok to tell about my divorce in the interview directly or should i send a letter beforehand ?

[NikLR 13,227]

I would tell them before because sometimes there is no interview and it can mess up citizenship later if you wait. 

[krbha 0]

Just now, NikLR said:

I would tell them before because sometimes there is no interview and it can mess up citizenship later if you wait. 

Can you please tell me, how it will mess up citizenship ? 

[adbc16 1]

I’m going through the same thing. If sending a letter of notification do we send to the same PO Box address that’s on the NOA1?

[Cryssiekins 976]

Send a letter to the service center on your NoA/extension letter.

 

Include your identifying information and Receipt Number.  

 

Include a copy of the divorce decree.

 

Keep a copy of what you send with proof of delivery.  

[NikLR 13,227]

49 minutes ago, krbha said:

Can you please tell me, how it will mess up citizenship ? 

Because they approve the I-751 based on the fact that you're still married and filed jointly.  If you're not still married then that throws an error up in your timeline and it can look like you lied or withheld information.  They may or may not have approved your I-751 if you were no longer married.  Once your marital status actually changes, like you have a divorce decree, you should inform the USCIS immediately if you are currently undergoing a USCIS processing like the I-751.  Chances are, if you had enough evidence to begin with, you have zero issues to worry about. 

[adbc16 1]

48 minutes ago, Cryssiekins said:

Send a letter to the service center on your NoA/extension letter.

 

Include your identifying information and Receipt Number.  

 

Include a copy of the divorce decree.

 

Keep a copy of what you send with proof of delivery.  

Thank you for this information.