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

[Rocio0010 5,579]

1 hour ago, lovelywaves said:

wasn't given an opportunity to notify them.

What do you mean? They’re not going to come knocking on your door to ask you. It was on you to inform them that you were not together anymore. 
 

That being said, you should be good to apply under the five year rule. 

[lovelywaves 3]

42 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. 

[AnotherLove 34]

Weird. I'm reading all the time from the same users, who seem to change their opinion whenever the shoe fits, that once you start divorce proceedings, you have to inform USCIS right away. and now they say "it's all good". Well, don't listen to me. Either way, wishing you good luck.

[Rocio0010 5,579]

Just now, lovelywaves said:

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. 

Right, but you’re counting on having an interview when most 751 interviews are waived

[lovelywaves 3]

Just now, Rocio0010 said:

What do you mean? They’re not going to come knocking on your door to ask you. It was on you to inform them that you were not together anymore. 
 

That being said, you should be good to apply under the five year rule. 

I was waiting for the decree. As you can see my divorce took forever to finalize. 

[Timona 4,207]

36 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. 

 

No.

It's either:

1. You file with a divorce waiver from the beginning if you know you've already filed for divorce and are sure it's going to beat USCIS RFE (for states that take less than 6 months for divorce to be concluded. Don't try this for CA or NY unless youre 3 months away from final decree).

2. File with divorce certificate from the beginning if you already have that said certificate. 

3. If you're not sure when divorce is going to be finalized, but you're sure you're divorcing OR if divorce starts after you filed a joint ROC, then you wait until you get that divorce certificate before notifying USCIS. If certificate comes before ROC is adjudicated, you send it in. If after, you're technically good because it was adjudicated while you were still married. 

 

Bottom line: USCIS wants to know if you're married or not...no grey area. OP handled it correctly. 

[AnotherLove 34]

1 minute ago, Timona said:

 

No.

It's either:

1. You file with a divorce waiver from the beginning if you know you've already filed for divorce and are sure it's going to beat USCIS RFE (for states that take less than 6 months for divorce to be concluded. Don't try this for CA or NY unless youre 3 months away from final decree).

2. File with divorce certificate from the beginning if you already have that said certificate. 

3. If you're not sure when divorce is going to be finalized, but you're sure you're divorcing OR if divorce starts after you filed a joint ROC, then you wait until you get that divorce certificate before notifying USCIS. If certificate comes before ROC is adjudicated, you send it in. If after, you're technically good because it was adjudicated while you were still married. 

 

Bottom line: USCIS wants to know if you're married or not...no grey area. OP handled it correctly. 

 

Interesting. Thank you for the explanation. I have been reading from a lot of regular users (and OP's prior postings) how she should have informed them right away etc.. and how conflicting it will be by not notifying USCIS once divorce proceedings are filed. 

[Timona 4,207]

1 minute ago, zeroshucksgiven said:

 

Interesting. Thank you for the explanation. I have been reading from a lot of regular users (and OP's prior postings) how she should have informed them right away etc.. and how conflicting it will be by not notifying USCIS once divorce proceedings are filed. 

 

It's a simple thing...What happens if you inform USCIS right away and they hit you with "give us the divorce certificate" yet you don't have it. 

 

When that happens, you just made their life easy and yours difficult....denial. And they'll be right at denying you.

 

You only have limited time to respond to an RFE, beyond which is a denial. 

 

Problem is when someone files joint ROC, get the divorce certificate before ROC is adjudicated and keeps quiet. Come N400, you'll be caught and sent back to properly redo ROC. There was a post here earlier this year of this very same situation. Maybe @Redro can dig VJ archives for it. 

 

My 3 bullet points also apply for your case, which I know very well. Unfortunately, that's all I'll tell you. You've already received a plethora of advices. 

[AnotherLove 34]

1 minute ago, Timona said:

 

It's a simple thing...What happens if you inform USCIS right away and they hit you with "give us the divorce certificate" yet you don't have it. 

 

When that happens, you just made their life easy and yours difficult....denial. And they'll be right at denying you.

 

You only have limited time to respond to an RFE, beyond which is a denial. 

 

Problem is when someone files joint ROC, get the divorce certificate before ROC is adjudicated and keeps quiet. Come N400, you'll be caught and sent back to properly redo ROC. There was a post here earlier this year of this very same situation. Maybe @Redro can dig VJ archives for it. 

 

My 3 bullet points also apply for your case, which I know very well. Unfortunately, that's all I'll tell you. You've already received a plethora of advices. 

 

I'm not talking about myself. I'm talking about OP's prior threads and well known users answers here. 

 

Please, I'm asking you kindly to stop switching it all the time on my case. 

[Timona 4,207]

1 minute ago, zeroshucksgiven said:

Please, I'm asking you kindly to stop switching it all the time on my case. 

 

I've only directly interacted with you once, prior to today. This is the second. 

 

I was being nice to tell you, in short, that your case is simple as my 3 bullet points (of which you only need to choose 1 that fits your situation and stick with that), and you shouldn't be confused.

 

I was making it really brief for you in less than 30 words (if you settle on 1 bullet point) and that's why I said "that's all I'll tell you." I wasn't attacking  you. Unfortunately, you took it the wrong way. 

 

Am out. 

[lovelywaves 3]

10 minutes ago, Timona said:

 

It's a simple thing...What happens if you inform USCIS right away and they hit you with "give us the divorce certificate" yet you don't have it. 

 

When that happens, you just made their life easy and yours difficult....denial. And they'll be right at denying you.

 

You only have limited time to respond to an RFE, beyond which is a denial. 

 

Problem is when someone files joint ROC, get the divorce certificate before ROC is adjudicated and keeps quiet. Come N400, you'll be caught and sent back to properly redo ROC. There was a post here earlier this year of this very same situation. Maybe @Redro can dig VJ archives for it. 

 

My 3 bullet points also apply for your case, which I know very well. Unfortunately, that's all I'll tell you. You've already received a plethora of advices. 

So, I should be okay? 

If during interview they ask why I didn't notify...I just tell them I was waiting for decree?

 

[AnotherLove 34]

1 minute ago, Timona said:

 

I've only directly interacted with you once, prior to today. This is the second. 

 

I was being nice to tell you, in short, that your case is simple as my 3 bullet points (of which you only need to choose 1 that fits your situation and stick with that), and you shouldn't be confused.

 

I was making it really brief for you in less than 30 words (if you settle on 1 bullet point) and that's why I said "that's all I'll tell you." I wasn't attacking  you. Unfortunately, you took it the wrong way. 

 

Am out. 

 

I didn't said or felt you were attacking me. I actually thank you for your info. So. Thank you for explaining.

[Rocio0010 5,579]

7 minutes ago, lovelywaves said:

why I didn't notify...I just tell them I was waiting for decree?

Yes, always tell them the truth if asked.

 

I think you should be ok because you’re not filing under the three year rule. That is a different animal because you have to be married and living together for three years with your USC spouse. 
 

You can ask Hacking on his show. He’s an immigration lawyer that has a YouTube show. I think his next episode is today at 4 CDT. 

[Redro 4,611]

26 minutes ago, lovelywaves said:

So, I should be okay? 

If during interview they ask why I didn't notify...I just tell them I was waiting for decree?

 

You should be fine. I don’t see any misrep. You were still married when they approved the 10 yr and your evidence was strong enough for them to waive the interview. So they were convinced the marriage was bonafide. 

[OldUser 6,649]

My opinion only: you should have notified USCIS about divorce sometime after filing. They approved your I-751 on the wrong premise, thinking you're still married. Would they know about divorce, they could've invited you to an interview to ask more questions. If they denied you due to divorce decree not being provided - you could've refiled I-751 immediately, get RFE may months later and reply with divorce decree after everything is finalized.

 

Yes, you're applying under 5 year rule. But USCIS IO can review your entire immigration history at that point and have more questions about divorce.

 

Please update us when you go through this.

 

Edited August 24, 2023 by OldUser