Wife wants to divorce while pending i-751

[Mike E 11,739]

1 hour ago, zDarkAngelz said:

My divorce case has not been finalized yet; I'm still waiting for the final decree from the court. Hoping to get it in September.

What is your plan when you get your final decree?

[Boiler 45,470]

1 hour ago, zDarkAngelz said:

Just an update.

 

New Card Is Being Produced on 06/21/2023

Case was Approved on 06/22/2023

 

No interview, No RFE.

 

My divorce case has not been finalized yet; I'm still waiting for the final decree from the court. Hoping to get it in September.

Did you notify them of the Divorce or are you going to give Naturalisation a miss?

[zDarkAngelz 7]

3 minutes ago, Mike E said:

What is your plan when you get your final decree?

Nothing.

 

1 minute ago, Boiler said:

Did you notify them of the Divorce or are you going to give Naturalisation a miss?

 

I didn't.

 

Now, my attorney told me that when I attend the citizenship interview, there would be 2 scenarios. The first one is they won't ask anything about my marriage, so in this case, I don't have to worry, just answer the history questions. For the second one, if the officer asks me about my marriage, I would tell them that my divorce was not finalized, I didn't have the divorce decree, then proceed to prove them our marriage was entered in good faith.

 

 

 

[Mike E 11,739]

2 minutes ago, zDarkAngelz said:

Now, my attorney told me

Get in writing from your attorney. 
 

This way when it goes south, you can cling to an “ineffective assistance of counsel” claim.

 

5 minutes ago, zDarkAngelz said:

Nothing

 

I am out.

[Boiler 45,470]

I can think of a third option.

[zDarkAngelz 7]

8 minutes ago, Mike E said:

Get in writing from your attorney. 
 

This way when it goes south, you can cling to an “ineffective assistance of counsel” claim.

 

 

I am out.

 

May I ask why? In your opinion, what I should do?

 

5 minutes ago, Boiler said:

I can think of a third option.

Can you tell me what it is?

[Mike E 11,739]

5 minutes ago, zDarkAngelz said:

May I ask why?

Because you violated USCIS process.

5 minutes ago, zDarkAngelz said:

In your opinion, what I should do?

Inform USCIS you have divorce in progress since before your 10 year gc was approved.

 

And when you have a divorce decree, inform USCIS you are divorced and provide a copy of the decree.

 

If your 10 year gc is revoked, you can file I-751 with a divorce waiver.

 

If USCIS does nothing, then at least you tried, in the end, to do the right thing. 

Edited June 23, 2023 by Mike E

[igoyougoduke 1,656]

3 hours ago, zDarkAngelz said:

Nothing.

 

 

I didn't.

 

Now, my attorney told me that when I attend the citizenship interview, there would be 2 scenarios. The first one is they won't ask anything about my marriage, so in this case, I don't have to worry, just answer the history questions. For the second one, if the officer asks me about my marriage, I would tell them that my divorce was not finalized, I didn't have the divorce decree, then proceed to prove them our marriage was entered in good faith.

 

 

 

i can think of filing a complaint at the state law board to have your attorney be revoked his law licence.

 

This is such a horrible and horrible advise and i cannot think of any professional attorney telling you these scenarios.  you will absolutely get asked about marriage at 751 and at n-400. i

 

good luck on wasting another 5 years restarting the process.. 

[zDarkAngelz 7]

12 hours ago, Mike E said:

Because you violated USCIS process.

Inform USCIS you have divorce in progress since before your 10 year gc was approved.

 

And when you have a divorce decree, inform USCIS you are divorced and provide a copy of the decree.

 

If your 10 year gc is revoked, you can file I-751 with a divorce waiver.

 

If USCIS does nothing, then at least you tried, in the end, to do the right thing. 

 

Okay. I agree with you on this.

 

How do you think I should contact them? And what documents should I submit?

 

Thank you!

[Mike E 11,739]

14 minutes ago, zDarkAngelz said:

 

Okay. I agree with you on this.

 

How do you think I should contact them?

You received an I-797 that said I-751 was approved. It had an address for USCIS. Write to that address. 

14 minutes ago, zDarkAngelz said:

 

And what documents should I submit?

 

* a letter saying you have filed for divorce

* copy of divorce filing

* copy of I-751 approval

[zDarkAngelz 7]

1 minute ago, Mike E said:

You received an I-797 that said I-751 was approved. It had an address for USCIS. Write to that address. 

 

* a letter saying you have filed for divorce

* copy of divorce filing

* copy of I-751 approval

 

So you're suggesting I write paper mail, correct?

 

Should I include more evidence such as bank statements, tax return, pictures, etc. up to the date when the divorce was filed (not finalized)?

[Mike E 11,739]

Just now, zDarkAngelz said:

So you're suggesting I write paper mail, correct?

Yeah. How else?

 

 

1 minute ago, zDarkAngelz said:

Should I include more evidence such as bank statements, tax return, pictures, etc. up to the date when the divorce was filed (not finalized)?

Delaying this notice to USCIS is not in your best interest. You have a 10 minute task that are trying to turn into a 10 day task.

[zDarkAngelz 7]

2 minutes ago, Mike E said:

Yeah. How else?

 

 

Delaying this notice to USCIS is not in your best interest. You have a 10 minute task that are trying to turn into a 10 day task.

 

Wait, sorry, I don't get what you mean?

As of now, I don't have my divorce decree yet, but I still need to notify them?

 

Okay, I just re-read your post and you mean the copy of divorce filing, not the decree.

So I should write to them as soon as I receive my green card and the approval notice, correct?

 

My question is: Should I include more evidence? Or just those 3 pieces of documents?

 

Thank you!

[Mike E 11,739]

4 minutes ago, zDarkAngelz said:

So I should write to them as soon as I receive my green card and the approval notice, correct?

You should write them today to the address on your I-751 extension letter.

 

The fact your approval letter has not been delivered is the best news yet.
 

Get this done now.

[Jasskatten 23]

I would at the very least get a second opinion from a second lawyer before volunteering this information to USCIS.

 

Read through the thread, and so far noone has provided any document/guidance/instruction from USCIS saying you need to inform them of divorce proceedings after you have filed I-751.

 

Just my two cents.