Divorce @ one year old i-751 and one month old N400

[Zakaria.ostori 0]

Dear all,

My wife and I are filling for divorce while  i-751 s pending for more than a year, and I just got notified 2 days  a that my case was transferred to another office in another state I am waiting on mail to know why.

 

I have N400 pending for a month, but my marriage was meant to end at this momentum.

 

Please advise

 

[geowrian 22,338]

When you get the final divorce decree, provide it to USCIS while requesting to switch to a divorce waiver. This can be done at the interview directly, but not everyone gets an interview for ROC so send it beforehand.

If you do get an interview and the divorce is not finalized yet, you can still go alone and request to switch to a divorce waiver. They will then issue an RFE requesting the divorce decree. That has a little under 3 months to respond with the divorce decree.

 

Technically the N-400 can remain as-is. But if you get the final divorce decree before the N-400 is approved, then the N-400 - filed under the 3 year rule - must be denied.

Marital unity is required up to filing the N-400. Actually being married is required until the oath ceremony.

[Zakaria.ostori 0]

if my case was transferred and a new office has jurisdiction, does it mean an interview? I applied for i751 in december 2018

[geowrian 22,338]

2 minutes ago, Zakaria.ostori said:

if my case was transferred and a new office has jurisdiction, does it mean an interview? I applied for i751 in december 2018

Not necessarily. If it was transferred to another service center, then it could just be normal load balancing of cases.

If it was transferred to a USCIS field office, then I would expect an interview.