SOS

[rocamey17 11]

Am having issues with my marriage and we heading towards divorce right now,and I filed I751 june 2020 and N400 in june 2021 am yet to get an interview or my I751 not approved,can I submit divorce waiver..please wat can i do at this moment.

 

Edited March 18, 2022 by rocamey17

[Mike E 11,739]

11 minutes ago, rocamey17 said:

Am having issues with my marriage and we heading towards divorce right now,and I filed I751 june 2020 and N400 in june 2021 am yet to get an interview or my I751 not approved,can I submit divorce waiver..please wat can i do at this moment.

 

You cannot amend your petition until you file for divorce.  
 

So you should file for divorce as soon as possible.  
 

Did you have an I-485 interview?

 

If so, there is a good chance you won’t get an I-751 interview from your joint petition.  In this case you need to amend your petition to an individual  petition with the divorce waiver as soon as you file for divorce.  Include a copy of the divorce filing.  You will get an RFE for the divorce decree.  
 

If you did not get an I-485 interview then you will get an I-751 interview and you can wait until the interview to amend the I-751 to an individual  petition with a divorce waiver. Hopefully you will have a final divorce decree by then.  

[rocamey17 11]

19 minutes ago, Mike E said:

You cannot amend your petition until you file for divorce.  
 

So you should file for divorce as soon as possible.  
 

Did you have an I-485 interview?

 

If so, there is a good chance you won’t get an I-751 interview from your joint petition.  In this case you need to amend your petition to an individual  petition with the divorce waiver as soon as you file for divorce.  Include a copy of the divorce filing.  You will get an RFE for the divorce decree.  
 

If you did not get an I-485 interview then you will get an I-751 interview and you can wait until the interview to amend the I-751 to an individual  petition with a divorce waiver. Hopefully you will have a final divorce decree by then.  

I had I485 interview, 

Am trying to get my congressman to help check what's wrong with my i751.

I feel like the world is crashing on me right now.

Will seeing a lawyer today or monday.

[Mike E 11,739]

9 minutes ago, rocamey17 said:

I had I485 interview, 

Then you likely won’t get an I-751 interview.  

9 minutes ago, rocamey17 said:

Am trying to get my congressman to help check what's wrong with my i751.

I would not do that yet.
 

 If  USCIS approves your jointly filed I-751 before you notify USCIS you want to change your petition individual, then you might get into trouble during your N-400 process or even later.  
 

9 minutes ago, rocamey17 said:

I feel like the world is crashing on me right now.

I understand.  

9 minutes ago, rocamey17 said:

Will seeing a lawyer today or monday.

I never dissuade anyone from getting legal representation or advice.  

[rocamey17 11]

3 minutes ago, Mike E said:

Then you likely won’t get an I-751 interview.  

I would not do that yet.
 

 If  USCIS approves your jointly filed I-751 before you notify USCIS you want to change your petition individual, then you might get into trouble during your N-400 process or even later.  
 

I understand.  

I never dissuade anyone from getting legal representation or advice.  

Hmmm...that's deep...I just sent out an authorization form back to the congressman few minutes ago

[Mike E 11,739]

8 minutes ago, rocamey17 said:

Hmmm...that's deep...I just sent out an authorization form back to the congressman few minutes ago

Well hopefully your 10 year green card won’t be approved before you file for divorce and amend the petition.  

[rocamey17 11]

Just now, Mike E said:

Well hopefully your 10 year green card won’t be approved before you file for divorce and amend the petition.  

Thank you for your time and advice

[JeanneAdil 6,505]

However, you may still be eligible to file Form N-400 on the basis of five years as a permanent resident. In this situation, your eligibility is not dependent on a current marriage. Divorce does not affect your eligibility to file Form N-400 on the basis of five years as a green card holder.

 

[rocamey17 11]

11 minutes ago, JeanneAdil said:

However, you may still be eligible to file Form N-400 on the basis of five years as a permanent resident. In this situation, your eligibility is not dependent on a current marriage. Divorce does not affect your eligibility to file Form N-400 on the basis of five years as a green card holder.

 

My marriage will be 5yrs in july

12 minutes ago, JeanneAdil said:

However, you may still be eligible to file Form N-400 on the basis of five years as a permanent resident. In this situation, your eligibility is not dependent on a current marriage. Divorce does not affect your eligibility to file Form N-400 on the basis of five years as a green card holder.

 

I filed my N400 last year June 2021,

[mindthegap 2,590]

Do nothing at this time. 

Until you are in divorce proceedings, or divorced, you are still married. and in USCIS' eyes there is divorced or married, there is no middle option. If you switch to a divorce waiver now, they will RFE you for divorce paperwork you don't have and cannot provide, and a denial will soon enough be winging it's way to you...meaning a refile, more hassle, expense and stress.

 

If you were approved now at this moment, you are still married, and have done absolutely nothing wrong.

 

The tricky part - that potentially could bite you in the ### , is once the relationship has all but ended AND divorce has commenced or been completed, AND you haven't notified USCIS. That can affect your I-751, and also N-400 later down the line if you were to fail to switch. Not guaranteed, but it has happened and is something to be aware of. 

 

It is is also still entirely possible to remain & be approved as a jointly filed I-751 even if divorced - but that of course entirely depends on how your relationship is with your ex spouse..if they are ok, and respectful,  cooperative and not vindictive its kool and the gang.... if it's like mine - ie, a sociopathic narcissist with a scorched earth policy - and someone who wants to inflict maximum pain on you, then not so good. 

 

23 minutes ago, rocamey17 said:

My marriage will be 5yrs in july

I filed my N400 last year June 2021,

 

Cross that bridge when it comes. The backlogs are big, and potentially you could be waiting until (if I've got my dates right) mid 2023 for an n-400 interview, by which time you would be eligible under the five year rule (also, it's five years of permanent residence, not five years of marriage).

Edited March 18, 2022 by mindthegap

[Mike E 11,739]

My understanding is N-400 are adjudicated on the basis 3/5 years at the time it filing not 3/5 years at the time of interview.  
 

OP didn’t have 5 years of LPR status when OP filed.  
 

So I will be surprised if that works.  

Edited March 18, 2022 by Mike E

[Corey911 37]

46 minutes ago, Mike E said:

My understanding is N-400 are adjudicated on the basis 3/5 years at the time it filing not 3/5 years at the time of interview.  
 

OP didn’t have 5 years of LPR status when OP filed.  
 

So I will be surprised if that works.  

I agree, if he get divorced - when he should file under 5 year rule starting from the conditional GC date not marriage timeline)

That means with being divorced your earliest filling eligibility of N400 should be = date on conditional GC + 5 years minus 90 days.

[iwannaplay54 985]

6 minutes ago, Corey911 said:

I agree, if he get divorced - when he should file under 5 year rule starting from the conditional GC date not marriage timeline)

That means with being divorced your earliest filling eligibility of N400 should be = date on conditional GC + 5 years minus 90 days.

Correct

[Scandi 4,166]

4 hours ago, Mike E said:

My understanding is N-400 are adjudicated on the basis 3/5 years at the time it filing not 3/5 years at the time of interview.  
 

OP didn’t have 5 years of LPR status when OP filed.  
 

So I will be surprised if that works.  

Correct, his N-400 will be denied if he divorces, even if he at that time has been an LPR for 5 years. He needed to be an LPR for 5 years at the time of filing, which it seems he wasn't.

[rocamey17 11]

5 hours ago, mindthegap said:

Do nothing at this time. 

Until you are in divorce proceedings, or divorced, you are still married. and in USCIS' eyes there is divorced or married, there is no middle option. If you switch to a divorce waiver now, they will RFE you for divorce paperwork you don't have and cannot provide, and a denial will soon enough be winging it's way to you...meaning a refile, more hassle, expense and stress.

 

If you were approved now at this moment, you are still married, and have done absolutely nothing wrong.

 

The tricky part - that potentially could bite you in the ### , is once the relationship has all but ended AND divorce has commenced or been completed, AND you haven't notified USCIS. That can affect your I-751, and also N-400 later down the line if you were to fail to switch. Not guaranteed, but it has happened and is something to be aware of. 

 

It is is also still entirely possible to remain & be approved as a jointly filed I-751 even if divorced - but that of course entirely depends on how your relationship is with your ex spouse..if they are ok, and respectful,  cooperative and not vindictive its kool and the gang.... if it's like mine - ie, a sociopathic narcissist with a scorched earth policy - and someone who wants to inflict maximum pain on you, then not so good. 

 

 

Cross that bridge when it comes. The backlogs are big, and potentially you could be waiting until (if I've got my dates right) mid 2023 for an n-400 interview, by which time you would be eligible under the five year rule (also, it's five years of permanent residence, not five years of marriage).

My N400  application show 3months left to interview,cos I filed on line.

The processing time at my filing office is 11months to 16months,

Which means I am 3months away from N400.

I am really scared..a lawyer to told to wait and see what's comes up within the months ahead..

Am scared,confused and exhausted