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MyNameIsEarl

Should I inform USICS regarding divorce - jointly filed ROC?

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Filed joint ROC in Jan,2020. Got an update this July that the case has been transferred to NBC after initial review. Separated in August,2020 and filed divorce this July which got approved this week.

 

Should I inform USCIS or is it better to wait and inform the officer regarding divorce during the interview process ?

 

If I have to inform USCIS, should I change the case to waiver or can I still move forward with the same case. 

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Filed: Citizen (apr) Country: Iran
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7 hours ago, MyNameIsEarl said:

Should I inform USCIS or is it better to wait and inform the officer regarding divorce during the interview process ?

Yes, right away.

 

7 hours ago, MyNameIsEarl said:

I change the case to waiver or can I still move forward with the same case. 

Yes you can, you need to send a letter to the USCIS office handling your case requesting that your i751 case be converted to an i751 waiver case based on a devorce. Use the mailing address on your receipt notice to send the letter to.

 

Send a copy of your receipt notice and a copy devorice decree in the letter.

 

You can also convert your i751 at your interview by giving your interviewing officer a letter requesting to convert your i751 case, but best to do convert it right away.

K1 Visa Arrived USA July 2017

Married August 2017

AOS Approved July 2018

 

Filed for i751 joint application May 2020

Fingerprints reused October 2020, and February 2021 and June 2021 (Yes 3 fingerprint notices)

Case move to National Benefits Center December 2020 for quicker processing from California Service Center

Oct 2021 out of processing time inquiry made, response May 5th 2022 that our i751 case will be addressed at our n400 interview

Combo interview May 16th 2022, in Sacramento

Approved June 08, 2022

 

Filed for Naturalization May 2021

Fingerprints reused May 2021

Combo interview May 16th 2022, in Sacramento, 

Approved June 08, 2022

Oath Ceremony completed June 29th 2022

 

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11 hours ago, da95826 said:

Yes, right away.

 

Yes you can, you need to send a letter to the USCIS office handling your case requesting that your i751 case be converted to an i751 waiver case based on a devorce. Use the mailing address on your receipt notice to send the letter to.

 

Send a copy of your receipt notice and a copy devorice decree in the letter.

 

You can also convert your i751 at your interview by giving your interviewing officer a letter requesting to convert your i751 case, but best to do convert it right away.

Thank you very much. Will update uscis then.

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Filed: Citizen (apr) Country: Iran
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7 hours ago, MyNameIsEarl said:

Thank you very much. Will update uscis then.

The reason to update USCIS right away is that you don't want to get the joint i751 application approved AFTER the devorce that will cause problems later with USCIS when you file a n400. 

 

So on the off chance they approve your case soon that would be an issue you want to avoid by letting USCIS know about the devorce ASAP.

K1 Visa Arrived USA July 2017

Married August 2017

AOS Approved July 2018

 

Filed for i751 joint application May 2020

Fingerprints reused October 2020, and February 2021 and June 2021 (Yes 3 fingerprint notices)

Case move to National Benefits Center December 2020 for quicker processing from California Service Center

Oct 2021 out of processing time inquiry made, response May 5th 2022 that our i751 case will be addressed at our n400 interview

Combo interview May 16th 2022, in Sacramento

Approved June 08, 2022

 

Filed for Naturalization May 2021

Fingerprints reused May 2021

Combo interview May 16th 2022, in Sacramento, 

Approved June 08, 2022

Oath Ceremony completed June 29th 2022

 

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17 hours ago, da95826 said:

The reason to update USCIS right away is that you don't want to get the joint i751 application approved AFTER the devorce that will cause problems later with USCIS when you file a n400. 

 

So on the off chance they approve your case soon that would be an issue you want to avoid by letting USCIS know about the devorce ASAP.

That makes sense. Hopefully they process it quicker as it's already been 21 months. Will work on letter

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