Little time left, appreciate any advise

[0xdeadbeef01 3]

I am a LPR with a 2yr resident card based on marriage, it expired on 2021 and I have jointly filled for i751 ROC 3 months before expiration. I filed for Citizenship based on 3-year marriage, the 4th year of residence and marriage, NOT the year after filling for ROC, financial constraints is the reason, ROC was still pending at that time. I've recently got the notices to attend to the interview for both i751 + N400 (combo), one ask me to attend by myself and the other me ask for me and my spouse. Just with 2-3 weeks left before the interview my USC spouse wants a divorce and do not want to cooperate to come to the interview with me. I have research enough to know and understand that N400 is considered invalid/denied at this point and very likely will raise question if I file again. Divorce hasn't been started or summitted yet. What are my next steps? with the interview already scheduled, is it possible to withdraw the N400 at this stage? where do I file such withdrawal?

 

About the i751 interview, I think I've read that I should change it to a divorce waiver even if the divorce is not final, is it best done at the interview or before? and how such waiver is done? re-filling another i751 and bringing copies again of its evidence + new evidence.

 

Misc.

Reason of divorce is not unfaithfulness and marriage was entered in good faith.

[Boiler 45,486]

You need to convert to Divorce Waiver or file a fresh one. I would do it now.

 

You are not specific on dates but I assume you will be looking to naturalise now under the 5 year rule, so need to pull the N400.

Edited May 19, 2023 by Boiler

[OldUser 6,650]

Withdraw N-400, refile I-751 with divorce waiver.

[0xdeadbeef01 3]

10 minutes ago, Boiler said:

You need to convert to Divorce Waiver or file a fresh one. I would do it now.

How does that work, it that a different form?  And if I file a fresh one, it means paying the fee again?

 

10 minutes ago, Boiler said:

You are not specific on dates but I assume you will be looking to naturalise now under the 5 year rule, so need to pull the N400.

Yes. I'd have to wait until later next year, if everything now goes ok. How do I pull the N400? I filled online, do I mail a letter? any template that could be used for it?

[Redro 4,611]

42 minutes ago, 0xdeadbeef01 said:

I am a LPR with a 2yr resident card based on marriage, it expired on 2021 and I have jointly filled for i751 ROC 3 months before expiration. I filed for Citizenship based on 3-year marriage, the 4th year of residence and marriage, NOT the year after filling for ROC, financial constraints is the reason, ROC was still pending at that time. I've recently got the notices to attend to the interview for both i751 + N400 (combo), one ask me to attend by myself and the other me ask for me and my spouse. Just with 2-3 weeks left before the interview my USC spouse wants a divorce and do not want to cooperate to come to the interview with me. I have research enough to know and understand that N400 is considered invalid/denied at this point and very likely will raise question if I file again. Divorce hasn't been started or summitted yet. What are my next steps? with the interview already scheduled, is it possible to withdraw the N400 at this stage? where do I file such withdrawal?

 

About the i751 interview, I think I've read that I should change it to a divorce waiver even if the divorce is not final, is it best done at the interview or before? and how such waiver is done? re-filling another i751 and bringing copies again of its evidence + new evidence.

 

Misc.

Reason of divorce is not unfaithfulness and marriage was entered in good faith.

If you change to divorce waiver they will request copy of divorce decree. You will have maybe 60-90 days (not sure of the exact time) to produce the final divorce. 

It is probably in your best interest to file another I-751.... 

paging @mindthegap and @Family for tips.

 

Edited May 19, 2023 by Redro

[0xdeadbeef01 3]

Thank you @OldUser @Redro, and also @Boiler for the responses. Let me see how do I go about the withdraw process.

[Family 3,988]

53 minutes ago, 0xdeadbeef01 said:

Just with 2-3 weeks left before the interview my USC spouse wants a divorce and do not want to cooperate to come to the interview with me.

Don’t go to the interview, reschedule . Use valid reason ( work, health..conflict) . You will get at least 4-8 weeks to get your ducks in a row. 

Are you still living w your wife or have you moved out?

Rarely do things just blow up overnight…why is she throwing in the towel ? 

If marriage cannot be saved , then be proactive …figure out your divorce timeline ( is it going to be nasty / contested ..does your state have a waiting period). Are you looking at 6 months or 1 yr plus to get it final?

 

By the time you are rescheduled, you can go in on your own , give them a copy of divorce filing and ask to amend to divorce waiver ..they will give you 87 days to bring in final. 
 

You can wait it out ( get more time) and file a new I -751 w waiver at end of that window…if you have not finalized it yet

 

 

 

[0xdeadbeef01 3]

18 minutes ago, Family said:

Don’t go to the interview, reschedule . Use valid reason ( work, health..conflict) . You will get at least 4-8 weeks to get your ducks in a row. 

I can think of that. That way I have enough time to finalize it, this post shed some light on it. 

 

18 minutes ago, Family said:

Are you still living w your wife or have you moved out?
Rarely do things just blow up overnight…why is she throwing in the towel ? 

We're both living together, I rather keep additional details private. The request for divorce just happened but I can't say it for sure if is something that blew up overnight.

 

18 minutes ago, Family said:

By the time you are rescheduled, you can go in on your own , give them a copy of divorce filing and ask to amend to divorce waiver ..they will give you 87 days to bring in final. 
 

You can wait it out ( get more time) and file a new I -751 w waiver at end of that window…if you have not finalized it yet

From what I've research the state has a 90 days waiting period.

 

If anyone has any resources about withdrawing the N400, appreciate linking me to it. I found a resource about submitting a letter, I wonder if it applies to online filing as well.

Edited May 20, 2023 by 0xdeadbeef01

[Family 3,988]

3 minutes ago, 0xdeadbeef01 said:

We're both living together, I rather keep additional details private. The request for divorce just happened but I can't say it for sure if is something that blew up overnight.

If you are still living under the same roof , maybe there is hope and she is just super ticked off w something you did. 
Either way, even if the two of you decide to take a breather…( one moves out to a friends couch) and do marriage counseling..there is no pressure to file divorce due to I-751. 
She may change her mind and go w u to interview where all need to do is be forthcoming: here is our marriage evidence we are working through a rough spot.

[Family 3,988]

13 minutes ago, 0xdeadbeef01 said:

If anyone has any resources about withdrawing the N400, appreciate linking me to it. I found a resource about submitting a letter, I wonder if it applies to online filing as well.

Edited just now by 0xdeadbeef01

Leave N-400 alone, when you reschedule combo interview, it gets rescheduled. This way you don’t attract undue attention until you, yourself know what your future holds. 
You can withdraw N-400 at same time as you request amending I-751 to divorce waiver

[Family 3,988]

22 minutes ago, 0xdeadbeef01 said:

rather keep additional details private. The request for divorce just happened but I can't say it for sure if is something that blew up overnight

You know they say Devil’s In The Details..and you have not stated that YOU want this divorce. ..she may just be blowing smoke /steam and has no intention to file for divorce according to USCIS timetable.

 

As for being shy about privacy…remember you are more anonymous here that at the neighborhood barber, bar or biased good buddy’s ear. 

[Mike E 11,739]

14 hours ago, 0xdeadbeef01 said:

From what I've research the state has a 90 days waiting period.

If this means it takes 90 days to get divorced, then you should know that if you went this route:

 

* file for divorce

* bring divorce filing to I-751 interview

* request at interview to amend to a divorce waiver

 

then the published USCIS procedure is to issue an RFE, and give you 87 days from the date of the RFE to produce a final divorce decree.

 

The timing is tight, but given your I-751 interview is in 2 weeks, if you have the divorce filing in hand, I would want to get the immigration nightmare behind me as soon as possible.

 

IME (state of Colorado), it takes less than a week for a lawyer to file for divorce, which (in Colorado), requires the other spouse to be served with the notice or acknowledge receipt of the notice. 

Get a divorce lawyer and see if you can file before the I-751 interview.

 

Otherwise, yes, re-schedule the interview to buy time (alas it could buying years). Then amend once the decree is in hand, or at the interview if it happens before the decree.

 

Withdrawing N-400 is not your priority now. Meeting a divorce attorney is.

16 hours ago, Redro said:

You will have maybe 60-90 days (not sure of the exact time) to produce the final divorce. 

87 days per https://www.aila.org/File/DownloadEmbeddedFile/47718

 

 

 

 

 

 

[Family 3,988]

16 minutes ago, Mike E said:

15 hours ago, 0xdeadbeef01 said:

From what I've research the state has a 90 days waiting period.

If this means it takes 90 days to get divorced

I read that to mean couple needs to be separated/ cool off for 90 days before filing dissolution. ..OP and wife still under same roof …but I can’t tell if it’s a 3 or 6 alarm 🔥 because he is sparse on details.

[Mike E 11,739]

1 minute ago, Family said:

OP and wife still under same roof

As did I during my divorce, and nothing was going to stop me from doing so. I am not made of money.

[Family 3,988]

21 minutes ago, Mike E said:

25 minutes ago, Family said:

OP and wife still under same roof

As did I during my divorce, and nothing was going to stop me from doing so. I am not made of money.

Good point. I failed to consider sometimes there are winners in a War of The Roses scenario