Wife wants to divorce while pending i-751

[zDarkAngelz 7]

Hello everyone,

 

My wife (USC) and I jointly filed i-751 in Nov, 2021. Now she's filing a divorce (her lawyer hasn't submitted our case to the court yet).

 

I had a lawyer file i-751 for in Nov, 2021. Now, the lawyer told me that when my wife files a divorce, I need to make a service request to USCIS to notify them of the situation. From there, if USCIS denies my case, I will then need to file another i-751 with a divorce waiver; or I need to act depending on what USCIS wants me to do.

 

I'm expecting to get a divorce decree 3 months once our divorce case is submitted to the court.

 

The question is:

- Should I make a service request while waiting for the divorce decree?

- Is there any possibility that I get deported if my i-751 gets denied?

- What else can I do?

 

Side note, when I filed joint i-751. I believe I had submitted pretty solid evidence for our marriage.

- Bank Statements

- Pictures

- Phone bills

- Car title with both names

- Car insurance with both names

- Tax return

 

 

Any advice would be greatly appreciated.

 

Thank you!

[A110 96]

8 minutes ago, zDarkAngelz said:

Hello everyone,

 

My wife (USC) and I jointly filed i-751 in Nov, 2021. Now she's filing a divorce (her lawyer hasn't submitted our case to the court yet).

 

I had a lawyer file i-751 for in Nov, 2021. Now, the lawyer told me that when my wife files a divorce, I need to make a service request to USCIS to notify them of the situation. From there, if USCIS denies my case, I will then need to file another i-751 with a divorce waiver; or I need to act depending on what USCIS wants me to do.

 

I'm expecting to get a divorce decree 3 months once our divorce case is submitted to the court.

 

The question is:

- Should I make a service request while waiting for the divorce decree?

- Is there any possibility that I get deported if my i-751 gets denied?

- What else can I do?

 

Side note, when I filed joint i-751. I believe I had submitted pretty solid evidence for our marriage.

- Bank Statements

- Pictures

- Phone bills

- Car title with both names

- Car insurance with both names

- Tax return

 

 

Any advice would be greatly appreciated.

 

Thank you!

Evidence wise it seems fine.Just collect some info from the time you submitted I751 up to now and collect as much as possible in case of RFE or having to file a fresh I751.

[Mike E 11,739]

12 minutes ago, zDarkAngelz said:

I'm expecting to get a divorce decree 3 months once our divorce case is submitted to the court

This is key.

 

12 minutes ago, zDarkAngelz said:

The question is:

- Should I make a service request while waiting for the divorce decree?

As soon as (same business day) divorce is filed, send a letter to USCIS with a notice that you wish to amend your petition to a divorce waiver. Send this first class mail, certified, return receipt requested. Priority mail is too fast because you get 87 days to respond to the RFE for the divorce decree, whereas your decree takes 3 months. 

Quote

- Is there any possibility that I get deported if my i-751 gets denied?

Denial inevitably leads to deportation, but depending on the reason for denial, you can refile. Do not focus improbabilities. 

Edited April 16, 2023 by Mike E

[Crazy Cat 41,814]

I agree with @Mike E about notifying them.  If you don't notify them, you risk them approving your I-751 without an interview., (and without knowledge about the divorce). That could, likely, cause all kinds of serious problems like misrepresentation when you apply for citizenship.  

Edited April 16, 2023 by Crazy Cat

[TeddyFazBear 69]

2 hours ago, Crazy Cat said:

I agree with @Mike E about notifying them.  If you don't notify them, you risk them approving your I-751 without an interview., (and without knowledge about the divorce). That could, likely, cause all kinds of serious problems like misrepresentation when you apply for citizenship.  

Yeah I agree. You don’t want them to approve the 751 before you notify them of the divorce, and it sounds like you are pretty close to a decision if you filed in 2021. Your evidence is solid though! I’m sorry you are going through this, but it sounds like you got it all worked out with your 751 plan.  

[zDarkAngelz 7]

Thank you everyone for all the advice!

 

Just want to update: My wife has filed a divorce. I'm expecting to receive the divorce decree in 5-6 months.

 

Should I make a service request to notify USCIS right away? Or should I wait for another 2 months?

Should I write a mail to USCIS explaining what happened?

 

Any advice is greatly appreciated.

 

Thank you!

[TeddyFazBear 69]

16 minutes ago, zDarkAngelz said:

Thank you everyone for all the advice!

 

Just want to update: My wife has filed a divorce. I'm expecting to receive the divorce decree in 5-6 months.

 

Should I make a service request to notify USCIS right away? Or should I wait for another 2 months?

Should I write a mail to USCIS explaining what happened?

 

Any advice is greatly appreciated.

 

Thank you!

Be careful. I think they can RFE you for the final decree after 90 days of notification, if you don’t have it then your case can be denied and put into removal.
 

That said, they are so far behind that it may take them much longer to send you the RFE anyway. I would ask your lawyer on this one, from my understanding timing will be critical in these sort of cases. Maybe you will be better off withdrawing, refiling and then sending the final decree when it arrives in 6 months. 

[zDarkAngelz 7]

43 minutes ago, TeddyFazBear said:

Be careful. I think they can RFE you for the final decree after 90 days of notification, if you don’t have it then your case can be denied and put into removal.
 

That said, they are so far behind that it may take them much longer to send you the RFE anyway. I would ask your lawyer on this one, from my understanding timing will be critical in these sort of cases. Maybe you will be better off withdrawing, refiling and then sending the final decree when it arrives in 6 months. 

 

I just talked to my lawyer.

She said that I should wait until I get the divorce decree, then notify USCIS. Then, act according to USCIS's response.

 

If I get lucky and get approved before receiving the divorce decree, then I don't have to do anything.

 

If I am scheduled to have an interview, just go and notify them at the interview.

 

is what my lawyer said making sense?

 

 

[TeddyFazBear 69]

5 minutes ago, zDarkAngelz said:

 

I just talked to my lawyer.

She said that I should wait until I get the divorce decree, then notify USCIS. Then, act according to USCIS's response.

 

If I get lucky and get approved before receiving the divorce decree, then I don't have to do anything.

 

If I am scheduled to have an interview, just go and notify them at the interview.

 

is what my lawyer said making sense?

 

 

I agree with the first part but not the second. If you are approved while in divorce proceedings then go for your N400 you will be under deep suspicion of fraud and they could deny you citizenship is how I understand it
 

I am no attorney but that sounds very very risky. Perhaps you could get a second option from another lawyer? 

[Noname93 200]

On 4/16/2023 at 2:56 PM, Mike E said:

Denial inevitably leads to deportation, but depending on the reason for denial, you can refile.

Denial of ROC does not inevitably lead to deportation. It leads to an NTA being issued. Until a judge revokes your status, you would continue to be a permanent resident. If the judge does not rule in your favor and revokes your status, then you will be deported. Also refiling is always an option, but it doesn't mean that the new ROC will be successful.

[Mike E 11,739]

4 minutes ago, Noname93 said:

If the judge does not rule in your favor and revokes your status, then you will be deported

QED

[Noname93 200]

8 minutes ago, Mike E said:

QED

IF the judge rules against you, and IF you don't refile before an NTA is issued. Denial can lead to deportation but it does not inevitably lead to deportation.

[Mike E 11,739]

3 minutes ago, Noname93 said:

IF the judge rules against you, and IF you don't refile before an NTA is issued

🛎️🛎️🛎️ ➡️🏆

[Paul Hanaki 72]

Yes do not file anything with USCIS until you are actually divorced. A divorce waiver is only for people who are actually divorced. Anything can happen up until you get the actual decree. She could change her mind, you. could get approved before the divorce date. Once you are actually divorced and you are not approved at that time then file a change of circumstance with USCIC noting the divorce. In the mean time start collecting every and all information related to the marriage to prove it was valid. You can bring those to your interview. 

[Crazy Cat 41,814]

18 minutes ago, Paul Hanaki said:

. could get approved before the divorce date. 

If OP doesn't notify them, he risks them approving the I-751 without an interview., (and without their knowledge about the divorce being filed). That could, likely, cause all kinds of serious problems like misrepresentation when he applies for citizenship.  I think @Mike E's advice is correct.

Edited April 22, 2023 by Crazy Cat