Divorce after removal of conditions but before N-400 filed

[justmarriedusciti 7]

I recently got my 10 year green card and have been married for 4 years, out of which I've had my permanent resident status for 2.5 years. My wife filed for divorce recently and I am evaluating my choices in terms of N-400. I could wait till I have 5 years on my permanent resident status, but my wife had been physically violent with me (have proof). She filed for divorce so soon as I had threatened to call the police on her several times and instead she took off and filed for divorce. I got a call from her saying that she won't  ask for any spousal support if I don't file charges. Now I'm not so sure what to do. 

Edited June 13, 2023 by justmarriedusciti

[Boiler 45,475]

Were you interviewed to remove conditions?

[OldUser 6,636]

5 years is a safer bet. But as @Boiler pointed out, it's important whether your conditions were removed properly.

[SteveInBostonI130 3,434]

Does H-1B require conditions removal?

[Boiler 45,475]

45 minutes ago, SteveInBostonI130 said:

Does H-1B require conditions removal?

H1b is just a temporary work visa.

[justmarriedusciti 7]

On 6/13/2023 at 2:53 AM, Boiler said:

Were you interviewed to remove conditions?

No, it was just a biometrics appointment. 

[justmarriedusciti 7]

On 6/13/2023 at 4:24 AM, OldUser said:

5 years is a safer bet. But as @Boiler pointed out, it's important whether your conditions were removed properly.

I got the NOA stating that my green card was extended for another 48 months as they process my 10 year card. I'm using my expired 2 year green card in conjunction with that 48 month NOA for international travel.  

[Boiler 45,475]

You removed conditions on the basis of a full faith marriage so the first question is should you even consider filing a N400.

[justmarriedusciti 7]

On 6/16/2023 at 1:40 AM, Boiler said:

You removed conditions on the basis of a full faith marriage so the first question is should you even consider filing a N400.

How do I apply for citizenship then? I am trying to become a citizen so that I don't lose a chance at getting some form of custody due to me having only my British citizenship. I have been told by friends that the court might consider me a flight risk if I don't have US citizenship and thus award all of custody to the mother. I have my job and our family here as my only ties to the US (other than of course our child). 

[OldUser 6,636]

33 minutes ago, justmarriedusciti said:

How do I apply for citizenship then? I am trying to become a citizen so that I don't lose a chance at getting some form of custody due to me having only my British citizenship. I have been told by friends that the court might consider me a flight risk if I don't have US citizenship and thus award all of custody to the mother. I have my job and our family here as my only ties to the US (other than of course our child). 

Sometimes applying for N-400 can lead to you losing GC if conditions were not removed properly.

 

Where you married living together when your I-751 got approved? Do you have proof of that? If yes, full steam ahead at 5 year mark (with good preparation and potentially legal representation).

[Boiler 45,475]

You are a PERMANENT resident.

[justmarriedusciti 7]

On 8/1/2023 at 12:47 AM, OldUser said:

Sometimes applying for N-400 can lead to you losing GC if conditions were not removed properly.

 

Where you married living together when your I-751 got approved? Do you have proof of that? If yes, full steam ahead at 5 year mark (with good preparation and potentially legal representation).

I applied for removal of conditions when living together and not separated (we are still legally married until divorce is final). However a few months after I got a temporary removal of conditions (they gave me 4 years extension while doing due diligence), she filed for divorce. I'll be hiring attorney's for sure but this is the first time I've read that I can lose my GC if I file for N-400. 

[yoda one for me 322]

On 6/13/2023 at 12:56 AM, justmarriedusciti said:

I recently got my 10 year green card

 

58 minutes ago, justmarriedusciti said:

 I got a temporary removal of conditions (they gave me 4 years extension while doing due diligence)

 

You've contradicted yourself and don't have a timeline filled out which makes it hard to help you. Which is it?

 

If you got your 10 year green card - the actual plastic card - before you and your spouse separated (i.e while the marriage was still intact and you were actually together as a couple) then you're probably fine and can apply for Naturalization at 5 years without issue.

 

If you ONLY have your expired card and a temporary extension letter, you will need to contact USCIS and convert to a divorce waiver (and send them a copy of the divorce decree). You 100% need the decree for this and you 100% need to act on this so your ROC doesn't get approved while you wait.

 

It is critical that your conditions are removed correctly - if you were applying based on continuing marriage to a USC you now need a divorce waiver. If you sit quiet and let them approve it interview-free after the date the divorce has gone through, you will not be able to naturalize as your green card will have been issued wrongly!

 

Citizenship should no longer be on your radar until you can tidy up the Removal of Conditions process and ensure your 10 year card is issued correctly for your current status.

Edited August 5, 2023 by yoda one for me

[OldUser 6,636]

52 minutes ago, justmarriedusciti said:

However a few months after I got a temporary removal of conditions

Can you elaborate on this? There's not such thing as temporary removal AFAIK.

[Mobius2 48]

@justmarriedusciti (OP)

 

It's very important to share the correct timeline as thats the deciding factor for N400.

 

If I am reading it right, your spouse filed for divorce and it's now finalized. 

 

Did you get your 10-year GC before the divorce was finalized or after?