I751 I don’t know what to do (merged)

[Daniel Castillo 2]

Hello everyone, I need some help. Has anyone been in the same situation?

 

PLEASE READ CAREFULLY AND PAY ATTENTION TO THE DATES

I got married in 2017 and got my conditional green card in November 2018. Everything was going great in my marriage until November 2021. However, I applied for removal of conditions in September 2020. The case approve in June 1st of 2022. But, my ex husband applied for divorced in November 2021 and we got the divorce decree (finalized case in March 2022). By the time I went two lawyers and both told me to wait and see if they sent me to an interview to explain everything or just wait to get approved as it was going to probably get approved soon.
Now, I want to apply for citizenship and I am a little scared as did not have the interview for removal of conditions and never told emigration I got divorce.
Has anyone been in this situation?
I talked with my lawyer today and told me it will be okay as the timelines are very close and they never invited me to the interview so basically is their fault. However, she mentioned that in worse case scenario I can be accused of fraud and be deported. So, I got anxious and that's why I am posting here.

[Mike E 11,739]

4 minutes ago, Daniel Castillo said:

. However, she mentioned that in worse case scenario I can be accused of fraud and be deported

I agree with her.

 

Are you planning to apply for U.S. citizenship?

[Allaboutwaiting 2,503]

You will definitely have issues when applying for citizenship as you should have informed USCIS. It is not their fault and the lawyers are wrong: the "timelines" are not close at all. You had seven months to inform them after your husband filed for divorce and two months after the divorce was final.

 

My guess is that if you apply for citizenship they will deny and revoke the removal of conditions and you will need to apply again; in the process, an NTA could be issued which would mean you go to immigration court.

 

 

[EM_Vandaveer 2,408]

You were supposed to switch your I-751 to a divorce waiver at the time, if a lawyer really told you to do nothing and just wait and see if a joint I-751 gets approved AFTER a divorce then that lawyer gave you seriously wrong advice....

 

I don't think your case is DIY anymore. You need a GOOD lawyer and possibly you need to remain a LPR indefinitely and never open the Pandora's box of a naturalization application.

[Daniel Castillo 2]

25 minutes ago, Mike E said:

I agree with her.

 

Are you planning to apply for U.S. citizenship?

Yes I am

 

3 minutes ago, EM_Vandaveer said:

You were supposed to switch your I-751 to a divorce waiver at the time, if a lawyer really told you to do nothing and just wait and see if a joint I-751 gets approved AFTER a divorce then that lawyer gave you seriously wrong advice....

 

I don't think your case is DIY anymore. You need a GOOD lawyer and possibly you need to remain a LPR indefinitely and never open the Pandora's box of a naturalization application.

 

I talked with another lawyer and he said it’s fine!

[Daniel Castillo 2]

26 minutes ago, Allaboutwaiting said:

You will definitely have issues when applying for citizenship as you should have informed USCIS. It is not their fault and the lawyers are wrong: the "timelines" are not close at all. You had seven months to inform them after your husband filed for divorce and two months after the divorce was final.

 

My guess is that if you apply for citizenship they will deny and revoke the removal of conditions and you will need to apply again; in the process, an NTA could be issued which would mean you go to immigration court.

 

 

 

have you met anyone in my shoes? 

[EM_Vandaveer 2,408]

1 minute ago, Daniel Castillo said:

Yes I am

 

 

I talked with another lawyer and he said it’s fine!

I wish you good luck but it DEFINITELY does NOT sound fine to me. (I'm not a lawyer, though.)

[Allaboutwaiting 2,503]

14 minutes ago, Daniel Castillo said:

 

have you met anyone in my shoes? 

There are one or two cases around the forum if I'm not mistaken.

 

Unfortunately, most people come to inquire and never return to share the outcome so it is difficult to know what is the best course of action in order to succeed.

 

Just remember deportation does not happen overnight. You have the right to go to immigration court and present your case to the judge.

 

 

[Daniel Castillo 2]

Just now, Allaboutwaiting said:

There are one or two cases around the forum if I'm not mistaken.

 

Unfortunately, most people come to inquire and never return to share the outcome so it is difficult to know what is the best course of action in order to succeed.

 

Just remember deportation does not happen overnight. You have the right to go to immigration court and present your case to the judge.

 

 

Thank you!

I am having a meeting with a new and more knowledgeable lawyer. He said I will be totally fine and I shouldn’t be worry about anything 

[carmel34 3,638]

4 hours ago, Daniel Castillo said:

I applied for removal of conditions in September 2020. The case approve in June 1st of 2022. But, my ex husband applied for divorced in November 2021 and we got the divorce decree (finalized case in March 2022). By the time I went two lawyers and both told me to wait and see if they sent me to an interview to explain everything or just wait to get approved as it was going to probably get approved soon.
Now, I want to apply for citizenship and I am a little scared as did not have the interview for removal of conditions and never told emigration I got divorce.

The potential problem that you could face in the N-400 process and interview is that the I-751 was filed in Sept. 2020 on the basis of your marriage to a USC, then your husband filed for divorce in Nov. 2021, decree received March 2022, and and the I-751 was approved without an interview in June of 2022, three months after you were divorced.  The problem you will likely face if you file an N-400 is that they will look at your entire immigration file/history, see your timeline, and realize that you should have informed USCIS about the divorce, and switched the I-751 to a divorce waiver in Nov. of 2021, or at least in March 2022.  I suggest that you get a second, expert opinion from a more experienced immigration attorney to help you understand clearly the risks involved in filing an N-400, maybe call Jim Hacking's live call-in show.

[Mike E 11,739]

5 hours ago, Daniel Castillo said:

Yes I am

That is a risk, that is when USCIS finds out about the fraud.

[Boiler 45,585]

Anything but fine, probably.

 

Now if you just stay a LPR I doubt it will come up. That would seem the simplest solution.

[Liam2021 583]

 

7 hours ago, Daniel Castillo said:

However, I applied for removal of conditions in September 2020. The case approve in June 1st of 2022. But, my ex husband applied for divorced in November 2021 and we got the divorce decree (finalized case in March 2022)

Since you're already divorced, you can file under 5 years rule. However, the big issue is when USCIS run a check and find out about that. In conclusion, you need to have a really good lawyer if you want to apply for citizenship.

[OldUser 6,774]

7 hours ago, Daniel Castillo said:

I talked with another lawyer and he said it’s fine!

Get it from them in writing saying it's fine. See how the lawyer reacts.

 

By the way, if you have the previous lawyer's advice not to inform USCIS about divorce in writing, maybe that could be used in your defence when your N-400 is filed. It would be shaky evidence, but maybe a strong lawyer could use that to your advantage. E.g. "my client did not intend fraud and asked lawyer about the procedure but was misinformed." I am not sure this argument would fly, but it's worth considering. Do not apply for N-400 on your own. Only with good legal representation. You're right to be "a little scared". The cosequences of applying for N-400 can be huge in your case.

Do you have plenty of good evidence of bonafide marriage with your ex spouse?

Edited July 27, 2023 by OldUser

[OldUser 6,774]

7 hours ago, Daniel Castillo said:

Thank you!

I am having a meeting with a new and more knowledgeable lawyer. He said I will be totally fine and I shouldn’t be worry about anything 

Get it in writing from him.