Divorce after removal of conditions but before N-400 filed

[Boiler 45,756]

6 minutes ago, Mobius2 said:

@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? 

 

Divorces do not happen overnight.

[justmarriedusciti 7]

On 8/4/2023 at 8:39 PM, yoda one for me said:

 

 

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.

 

Sorry, I have been having a tough time concentrating these days. Allow me to put the recent timeline here:

 

1st week January 2023: I become eligible to file for I-751, based on a continuing marriage to a USC 

3rd Week March 2023: I file I-751

4th week March 2023: Biometrics appointment letter received

2nd week of April 2023: Biometrics submitted

3rd week of April 2023: Notice of Action for 4yr extension received, status online also changed to "actively reviewing"

 

My wife got fired late May, and the domestic violence became increased from that point on until she left (and filed for divorce) mid June 2023.  

 

Also, the divorce has not been finalized yet. We are still in its early stages as of today. 

Edited August 6, 2023 by justmarriedusciti

[Boiler 45,756]

When did you receive your new GC?

[justmarriedusciti 7]

6 minutes ago, Boiler said:

When did you receive your new GC?

My 2 year GC? I got that in last week of Apr 2021. The 4yr extension letter has notice date of 03/29/23. I also got a biometrics appointment letter same day. 

[Boiler 45,756]

On 6/12/2023 at 11:56 PM, justmarriedusciti said:

I recently got my 10 year green card 

 

No this.

[Dashinka 24,651]

7 minutes ago, Boiler said:

When did you receive your new GC?

Doesn’t appear that has happened yet based on the timeline.  It seems they only have the 4 yr. Extension letter with an expired CGC.

 

To the OP, since the divorce is not finalized yet, I would just wait until you have the final papers, then notify USCIS that you are changing the I751 to a divorce waiver.  That is a bit risky as if the I751 is approved without a divorce waiver, it could cause issues when you file the N400, but since you only filed in March or this year, you should have some time.  When you have a good idea when the divorce will be finalized, then you can notify USCIS of the divorce waiver about 90 days before it is finalized, and reply to the RFE with the divorce papers.

 

As to N400, you will be able to apply in a couple more years under the 5 yr. Rule.

 

Good Luck!

[justmarriedusciti 7]

4 minutes ago, Boiler said:

 

No this.

One of the comments corrected me on this. What I thought was a 10year GC is in fact just a notification of action for a 4yr extension while USCIS works on my 10yr GC. 

[justmarriedusciti 7]

3 minutes ago, Dashinka said:

Doesn’t appear that has happened yet based on the timeline.  It seems they only have the 4 yr. Extension letter with an expired CGC.

 

To the OP, since the divorce is not finalized yet, I would just wait until you have the final papers, then notify USCIS that you are changing the I751 to a divorce waiver.  That is a bit risky as if the I751 is approved without a divorce waiver, it could cause issues when you file the N400, but since you only filed in March or this year, you should have some time.  When you have a good idea when the divorce will be finalized, then you can notify USCIS of the divorce waiver about 90 days before it is finalized, and reply to the RFE with the divorce papers.

 

As to N400, you will be able to apply in a couple more years under the 5 yr. Rule.

 

Good Luck!

Am I able to revoke my current I-751 and instead apply for ROC with VAWA?

[Boiler 45,756]

I think we have been misled.

 

Might also consider withdrawing the I 751 and filing a clean case on the basis of divorce, a case where a quick and clean divorce would be beneficial, especially of it comes with a statement that the marriage was initially good and just did not work out.

1 minute ago, justmarriedusciti said:

Am I able to revoke my current I-751 and instead apply for ROC with VAWA?

No

[justmarriedusciti 7]

1 minute ago, Boiler said:

I think we have been misled.

 

Might also consider withdrawing the I 751 and filing a clean case on the basis of divorce, a case where a quick and clean divorce would be beneficial, especially of it comes with a statement that the marriage was initially good and just did not work out.

No

Sorry if you felt I misled you, that was never my intention. I do not have an attorney to guide me through this process and was (actually still am) confused on the immigration process. I had mistakenly thought that the 4 year extension is just a formality while the 10 year GC gets printed. 

[Boiler 45,756]

I never said it was your intention, just that the replies you initially obtained were on the basis of your saying you had a 10 year GC.

 

Much cleaner that you do not. You can sort this out.

[Dashinka 24,651]

2 minutes ago, justmarriedusciti said:

Sorry if you felt I misled you, that was never my intention. I do not have an attorney to guide me through this process and was (actually still am) confused on the immigration process. I had mistakenly thought that the 4 year extension is just a formality while the 10 year GC gets printed. 

No, the extension letter only provides proof of your LPR status with the expired 2 yr GC until the I751 is finalized.

 

I will defer to @mindthegap as the expert on the complicated I751 situations.  In my opinion, the easiest would be to get the divorce finalized as quickly as possible (do you have an idea how long it will take) and then send in a divorce waiver request with the divorce papers.  But if the divorce is going to take a year plus, that may be risky.  I am not sure about pulling the current I751.

[Mobius2 48]

33 minutes ago, justmarriedusciti said:

 

Sorry, I have been having a tough time concentrating these days. Allow me to put the recent timeline here:

 

1st week January 2023: I become eligible to file for I-751, based on a continuing marriage to a USC 

3rd Week March 2023: I file I-751

4th week March 2023: Biometrics appointment letter received

2nd week of April 2023: Biometrics submitted

3rd week of April 2023: Notice of Action for 4yr extension received, status online also changed to "actively reviewing"

 

My wife got fired late May, and the domestic violence became increased from that point on until she left (and filed for divorce) mid June 2023.  

 

Also, the divorce has not been finalized yet. We are still in its early stages as of today. 

 

 

I have been in your situation and am now a Citizen. 

 

The important thing here to consider is that your divorce needs to happen quickly, however, given there is a child involved this may not be the case.

 

But the more important thing is that your I-751 (Joint) approval must not happen after your divorce is finalized (that would be improper approval).

            * Once your divorce is finalized or you know it's VERY near then go ahead and inform USCIS to amend your I751 to Divorce waiver.

 

If I-751 (joint) gets approved without RFE, without an interview before your divorce gets finalized, then you are fine for N400.

 

 

 

 

[Boiler 45,756]

3 minutes ago, Mobius2 said:

 

 

I have been in your situation and am now a Citizen. 

 

The important thing here to consider is that your divorce needs to happen quickly, however, given there is a child involved this may not be the case.

 

But the more important thing is that your I-751 (Joint) approval must not happen after your divorce is finalized (that would be improper approval).

            * Once your divorce is finalized or you know it's VERY near then go ahead and inform USCIS to amend your I751 to Divorce waiver.

 

If I-751 (joint) gets approved without RFE, without an interview before your divorce gets finalized, then you are fine for N400.

 

 

 

 

You are horribly wrong.

[Mobius2 48]

1 minute ago, Boiler said:

You are horribly wrong.

 

After becoming a citizen, I am proud to let you know that it's you that is wrong.