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

[lovelywaves 3]

8 minutes ago, OldUser said:

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.

 

I was still legally married at the time of approval. The problem is that this is such a legal loophole...I cannot find any definitive answers about it. I'm sure more people have gone through this.

Edited August 24, 2023 by lovelywaves

[Rocio0010 5,579]

4 minutes ago, OldUser said:

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.

Yep. A denial, imho, is no biggie. 
 

 

5 minutes ago, OldUser said:

They approved your I-751 on the wrong premise, thinking you're still married

Also yes.

 

 

I feel like this is a gray area that USCIS hasn’t caught up with, in the sense that they don’t seem to understand that a divorce decree takes time to produce. Moreover, some States have a trial separation prior to.

 

What I would have done is to inform them of the divorce proceedings and wait for the RFE for the DD. If I have it hand, fine. If not, I’d have written an affidavit explaining that the decree is not ready. And if they denied my 751, then I can always reapply. 

 

I prefer dealing with a denial than with a pesky officer at the N400 interview. 
 

That being said, OP, you’re probably fine.

[Mobius2 48]

5 hours ago, lovelywaves said:

I have seen some concerning information with situations similar to mine claiming that I could have severe issues.

 

You have seen misinformation lol.

 

Divorce final before joint i-751 approval (without an interview, without RFE) = BAD move

Divorce final after joint i-751 approval (without an interview, without RFE) = Bring a lawyer. See conditions.

 

Conditions:

• Your IO's personality.
• Your lawyer's confidence and ability to guide you through that interview.
• Your own confidence, case, and the past marriage's merits. 

 

Regardless, people in this situation need to consult lawyers.

Edited August 24, 2023 by Mobius2

[SalishSea 17,791]

13 hours ago, OldUser said:

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.

 

I agree.

[Chancy 6,241]

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