I751 approved while divorce pending....should I apply for N-400? [merged threads]

[Family 3,988]

OP , you certainly did consult a few attorneys, unfortunately you did not hire one. ..so you have caused a 2 year anguish for yourself ..or perhaps a lifetime of unsettling feelings every time you look at your card or plan a trip outside the US, 

The post I linked exemplified the two possible outcomes: 

1. N-400 denial and rumbles of fraud for one member 

2. Lots of grilling at interview and ultimate approval of another

 

I say it’s worth facing the issue and applying ..just focus on the bonafides and hire help if you feel unsteady.

[Family 3,988]

For strength and inspiration, look to this thread and note @Mobius1 is awaiting his oath ceremony, I believe.

 

[Boiler 45,486]

The only way of finding out is applying, in that other thread I mentioned a rather extreme case that had issues.

 

I would expect the issue to come up, a Lawyer being present seems logical

[Mike E 11,739]

24 minutes ago, Family said:

For strength and inspiration, look to this thread and note @Mobius1 is awaiting his oath ceremony, I believe.

 

Don’t see where that member is waiting for oath and Mr Neufeld is even more  not amused now.  

Edited January 18, 2023 by Mike E

[Timona 4,207]

12 hours ago, lovelywaves said:

I am eligible to file for N-400 after 5 year rule. 

That's not how to count the 5 year rule. 

 

5 year rule is counted from the date you receive your GC, not marriage. 

 

What's the date on your GC?

[Mobius2 48]

On 1/18/2023 at 11:41 AM, Family said:

For strength and inspiration, look to this thread and note @Mobius1 is awaiting his oath ceremony, I believe.

 

I come back again, only temporarily, after a self exile (self account closure of Mobius1) due to the bad advise given by posters and their glee in discouraging potential applicants.  

 

I truly feel like I am doing the immigrant community a service by letting them know the TRUTH, the REALITY, that despite of the many difficult issues I faced (Divorce), I chose to remain confident in my belief and other lawyers suggestions instead of the many "YOU ARE SCREWED!" comments here. 

 

Today I am a proud US Citizen. 

 

Please, listen to your lawyer over the wana be experts here....It will save you years of life by not being an anxiety patient...

[Family 3,988]

42 minutes ago, Mobius2 said:

come back again, only temporarily, after a self exile (self account closure of Mobius1) due to the bad advise given by posters and their glee in discouraging potential applicants.  

 

I truly feel like I am doing the immigrant community a service by letting them know the TRUTH, the REALITY, that despite of the many difficult issues I faced (Divorce), I chose to remain confident in my belief and other lawyers suggestions instead of the many "YOU ARE SCREWED!" comments here. 

 

Today I am a proud US Citizen. 

 

Please, listen to your lawyer over the wana be experts here....It will save you years of life by not being an anxiety patient...

Nice going ! Congratulation and Welcome Back…do stay. 
How was the interview? …Let me guess a few questions on timeline of relationship/marriage/separation/ divorce , a couple of address question and you were NOT required to bring in any evidence of marriage bonafides …

Humor me and please share your interview experience and I will adjust any skewed perception in my mind😂.

[Mobius2 48]

1 minute ago, Family said:

Nice going ! Congratulation and Welcome Back…do stay. 
How was the interview? …Let me guess a few questions on timeline of relationship/marriage/separation/ divorce , a couple of address question and you were NOT required to bring in any evidence of marriage bonafides …

Humor me and please share your interview experience and I will adjust any skewed perception in my mind😂.

Thanks, I don't know if I will stay around for long but I do hope that this experience corrects the misinformation around.

 

It was surprisingly easy, 6 questions, read, write on ipad, go over application, corrections, review of information, we are doing oaths same day if you are interested. Hell yes!

 

No further proofs required.

[Family 3,988]

15 minutes ago, Mobius2 said:

Thanks, I don't know if I will stay around for long but I do hope that this experience corrects the misinformation around.

 

It was surprisingly easy, 6 questions, read, write on ipad, go over application, corrections, review of information, we are doing oaths same day if you are interested. Hell yes!

 

No further proofs required.

Superb. I personally DO NOT advise anyone to write in to USCIS before a divorce is final. You did the right thing in filing a timely AR -11 . With a solid/real though failed marriage, there is no reason to dread Natz.

There are instances where ISO will ask a seemingly random/innocent question ( ex how did you propose to ex) and dig in depending on how applicant presents. 
 

 

 

 

 

[lovelywaves 3]

Hi all,

I am coming to you because of my situation. I filed i751 jointly with my ex. 5 months later, I filed for divorce. The divorces in California take at least 6 months if they are uncontested. My lawyer suggested I wait for the decree before notifying USCIS. I followed his advice. This put me in a pickle because I was approved without RFE or interview.

My divorce was finalized 10 months after getting my permanent green card. I didn't try to hide or defraud USCIS. I wasn't given an opportunity to notify them. I filed AR-11 and changed my address.

Now has come the time where I am able to potentially file N-400. I have seen some concerning information with situations similar to mine claiming that I could have severe issues. I have consulted with several lawyers who seem to think, I will be ok. But, I am a little wary of lawyers given that is the reason I ended up in this situation in the first place.

Not sure if this information is relevant in any way, but I am currently re-married to a wonderful man

[AnotherLove 34]

33 minutes ago, lovelywaves said:

Hi all,

I am coming to you because of my situation. I filed i751 jointly with my ex. 5 months later, I filed for divorce. The divorces in California take at least 6 months if they are uncontested. My lawyer suggested I wait for the decree before notifying USCIS. I followed his advice. This put me in a pickle because I was approved without RFE or interview.

My divorce was finalized 10 months after getting my permanent green card. I didn't try to hide or defraud USCIS. I wasn't given an opportunity to notify them. I filed AR-11 and changed my address.

Now has come the time where I am able to potentially file N-400. I have seen some concerning information with situations similar to mine claiming that I could have severe issues. I have consulted with several lawyers who seem to think, I will be ok. But, I am a little wary of lawyers given that is the reason I ended up in this situation in the first place.

Not sure if this information is relevant in any way, but I am currently re-married to a wonderful man

 

I do believe that once you start divorce proceedings - you have to notify USCIS right away and switch to a divorce waiver include all the paperwork you had so far. you would have prob. ended up getting a RFE for the decree but there are ways to let USCIS know that you can't provide the decree yet.

 

Anyhow. This is not how it went. You filed jointly, 5 months after filing - you and your ex separated (with the intention of divorce, although and sometimes couples separate in hopes of finding back to each other).

 

Now the issue is, that this will def. come up in your N400 interview and the IO will see you did not inform USCIS about your ongoing divorce during pending I-751 (=fraud/misrep.).

 

If I were you, I would not apply for N400.

Edited August 24, 2023 by zeroshucksgiven

[AnotherLove 34]

28 minutes ago, lovelywaves said:

Hi all,

I am coming to you because of my situation. I filed i751 jointly with my ex. 5 months later, I filed for divorce. The divorces in California take at least 6 months if they are uncontested. My lawyer suggested I wait for the decree before notifying USCIS. I followed his advice. This put me in a pickle because I was approved without RFE or interview.

My divorce was finalized 10 months after getting my permanent green card. I didn't try to hide or defraud USCIS. I wasn't given an opportunity to notify them. I filed AR-11 and changed my address.

Now has come the time where I am able to potentially file N-400. I have seen some concerning information with situations similar to mine claiming that I could have severe issues. I have consulted with several lawyers who seem to think, I will be ok. But, I am a little wary of lawyers given that is the reason I ended up in this situation in the first place.

Not sure if this information is relevant in any way, but I am currently re-married to a wonderful man

 

can you share your timeline for I751 with us?

[AnotherLove 34]

I saw on your profile that you asked this in 2 prior of your threads. 

[Timona 4,207]

You're good

[lovelywaves 3]

39 minutes ago, zeroshucksgiven said:

 

I do believe that once you start divorce proceedings - you have to notify USCIS right away and switch to a divorce waiver include all the paperwork you had so far. you would have prob. ended up getting a RFE for the decree but there are ways to let USCIS know that you can't provide the decree yet.

 

Anyhow. This is not how it went. You filed jointly, 5 months after filing - you and your ex separated (with the intention of divorce, although and sometimes couples separate in hopes of finding back to each other).

 

Now the issue is, that this will def. come up in your N400 interview and the IO will see you did not inform USCIS about your ongoing divorce during pending I-751 (=fraud/misrep.).

 

If I were you, I would not apply for N400.

39 minutes ago, zeroshucksgiven said:

 

I do believe that once you start divorce proceedings - you have to notify USCIS right away and switch to a divorce waiver include all the paperwork you had so far. you would have prob. ended up getting a RFE for the decree but there are ways to let USCIS know that you can't provide the decree yet.

 

Anyhow. This is not how it went. You filed jointly, 5 months after filing - you and your ex separated (with the intention of divorce, although and sometimes couples separate in hopes of finding back to each other).

 

Now the issue is, that this will def. come up in your N400 interview and the IO will see you did not inform USCIS about your ongoing divorce during pending I-751 (=fraud/misrep.).

 

If I were you, I would not apply for N400.

Right, although there is technically no legal requirement to inform them about separation/ divorce until you have the decree. I know they are people that have interview scheduled and they show up with their decrees to the interview and change to a waiver there and then.