Suggest needed! Can I withdrawal the N-400 petition while I-751 is pending?

[Boiler 45,884]

https://www.visajourney.com/forums/forum/145-current-events-and-hot-social-topics/

 

This is the forum for political stuff.

[Cathy Lee 8]

6 hours ago, Ray.Bonaquist said:

Sorry for what you are going through, quite heartbreaking. Word of advice to you, when posting on VJ asking for advice on an immigration problem I would suggest you leave the political (and perhaps partisan) opining out of your writeup as much as possible. There are some very knowledgeable VJ members who could guide you however some of them are also Trump supporters (nothing wrong with that) who might be offended by your opining and ignore your appeal for help.

 

That said your case seems pretty straightforward. You can withdraw the N400. I assume any reviewing officer who notices that will probably scrutinize your i751 a little more closely for evidence of fraud. As you have been told, you will have to switch your I751 from joint to divorce waiver.

 

I hope you and your husband (or soon to be ex) can reach a happy place together, however if you have to go your separate ways too so be it.

 

Good luck!

 

PS: There is an anything goes part of this website where you can let loose with political and even partisan talk. Quite an interesting place, I recommend it.

I tried to re-edit my post to remove certain part but failed, thank you for your kind reminder.

Look like everyone here suggest to withdraw N400, which is also my decision. About the switching of I751 from joint to divorce waiver, I am still thinking very hard. I am afraid it will make things much more complicated. The marriage is bona fide for sure, but how to prove it to the USCIS officer and does the officer take it is another story, not to mention it will be costly and time-consuming.  

I have a question here, in many cases as I know,  I751 was approved after 12-18 months without a interview. If during this period the marital relationship get ugly (like mine) but the petitioner doesn't inform the USCIS before the case is approved, does it count a fraud? 

 

Edited March 20, 2020 by Cathy Lee

[African Zealot 1,455]

11 minutes ago, Cathy Lee said:

.I have a question here, in many cases as I know,  I751 was approved after 12-18 months without a interview. If during this period the marital relationship get ugly (like mine) but the petitioner doesn't inform the USCIS before the case is approved, does it count a fraud? 

 

According to the instructions:
 

Quote

If you are still married, then file Form I-751 jointly with your spouse through whom you obtained conditional status. 

 

https://www.uscis.gov/system/files_force/files/form/i-751instr.pdf?download=1

 

You are still married so in my opinion it is not fraud. Many couples have problems in marriage and reconcile. I don’t believe one has to notify USCIS of a change in circumstances any time one has a quarrel with ones spouse. Some people here may have a different opinion.

Edited March 20, 2020 by Ray.Bonaquist

[RamonGomez 272]

If you are Chinese don't go thru with the N400. It may cause problems with your Chinese citizenship if you ever decide to go back and live in China. The 10-year green card (with is super easy to get) should be enough.

[geowrian 22,338]

Any time you are in a marriage for immigration benefits, it's not a good position to be in.

 

What technically matters is that you entered the marriage in good faith. That said, IMHO it's risky to continue as-is because:

1) If they do want an interview for ROC, you're going to make things much harder for yourself without a cooperative spouse. They can (and have) tanked ROC interviews before. And a no-show is basically a denial (barring some excused reasons).

And there's usually not enough time to divorce before the interview (or subsequent RFE for a divorce decree if switching to a divorce waiver at the interview). So at best, you would likely need to refile from scratch, divorce, etc. Not a good time.

 

2) There have been circumstances where an IO has questioned the validity of the marriage even under the 5 year rule for naturalization.

 

I wouldn't consider it fraud to do nothing right now...but it does not seem to me like the best decision. A divorce waiver is not complicated, and basically alleviates any of the concerns above IMO.

[Ontarkie 14,365]

~~Hijack post and reply removed. Please start your own thread for questions regarding your own case.~~