Divorce while pending I-751

[Albinjr26 12]

So I filed back in December 2022 and just now my husband wants a divorce, do I need to file something else if we go through a divorce, should I ask him to file for it after the case is approved or should I just go with and not notify uscis of it? Thanks in advance for any advice.

[OldUser 6,583]

1 hour ago, Albinjr26 said:

So I filed back in December 2022 and just now my husband wants a divorce, do I need to file something else if we go through a divorce

You would need to notify USCIS about a change of your marital status (divorced) and convert existing I-751 into divorce waiver. Or file a new I-751 once divorced, at the same time withdrawing old joint petition.

It's important for USCIS to know about the divorce. If joint I-751 case is approved without interview, when you're divorced, you can have major problems during N-400.

[OldUser 6,583]

1 hour ago, Albinjr26 said:

 should I ask him to file for it after the case is approved

This has two problems:

 

1. Your case can be sitting for another 2 years before approval or RFE

2. Keeping married for immigration benefit is called immigration fraud. It can have severe consequences for you and your spouse.

 

This all depends on your your trust in this relationship. If both of you still have some faith, you can try counselling / couples therapy to save the union. If you have doubts, should just divorce quickly and proceed with divorce waiver I-751.

Edited August 7, 2023 by OldUser

[Mike E 11,739]

1 hour ago, Albinjr26 said:

So I filed back in December 2022 and just now my husband wants a divorce, do I need to file something else if we go through a divorce, should I ask him to file for it after the case is approved or should I just go with and not notify uscis of it? Thanks in advance for any advice.

1. Is he willing to

 

A.  delay filing for divorce until after your I-751 is approved?

 

B. continue to live with you until I-751 is approved?

 

C. Attend an I-751 interview with you?

 

2. Are you willing to tell the ISO at your interview that the marriage is unlikely to  survive?

 

 

[Me and her 279]

21 hours ago, Albinjr26 said:

So I filed back in December 2022 and just now my husband wants a divorce, do I need to file something else if we go through a divorce, should I ask him to file for it after the case is approved or should I just go with and not notify uscis of it? Thanks in advance for any advice.

Withdraw I-751 and resubmit I-751 with divorce waiver. Is there any way to reconcile or try therapy for you both? 

Edited August 8, 2023 by Me and her

[TeddyFazBear 69]

49 minutes ago, Me and her said:

Withdraw I-751 and resubmit I-751 with divorce waiver. Is there any way to reconcile or try therapy for you both? 

Why not just write to them and convert it to a waiver? Seems most who do this have little to no problems and you keep your place in line. 
 

The poster is nearly 1 year in to the process now, I would be very hesitant to withdraw and start over again if it was me. 
 

Just write to them explaining you are divorcing, you will provide them a final decree on whatever date you will have it and send it in when you get it or they send an RFE. 

[OldUser 6,583]

32 minutes ago, TeddyFazBear said:

Why not just write to them and convert it to a waiver? Seems most who do this have little to no problems and you keep your place in line. 
 

The poster is nearly 1 year in to the process now, I would be very hesitant to withdraw and start over again if it was me. 
 

Just write to them explaining you are divorcing, you will provide them a final decree on whatever date you will have it and send it in when you get it or they send an RFE. 

There's few potential (not guaranteed) benefits to the widrawal approach:

 

1. Joint I-751 is unlikely going to be mistakenly approved

2. Gives a clean slate to build the case from scratch. OP likely has more evidence of bonafide marriage by now. This also reduces complexity of the case for IO reviewing it (fewer back and forth between them and petitioner etc).

3. It appears that USCIS approves some fresh cases super fast. The fact that OP's case is 1 year old doesn't mean it's going to be reviewed soon. @Crazy Cat's wife waited 44 months. A fresh case may get go through whole cycle much faster than waiting for decision on older case.

[Albinjr26 12]

4 hours ago, Me and her said:

Withdraw I-751 and resubmit I-751 with divorce waiver. Is there any way to reconcile or try therapy for you both? 

I'm trying to see, this just came out of the blue, was definitely not expecting it

[Albinjr26 12]

3 hours ago, TeddyFazBear said:

Why not just write to them and convert it to a waiver? Seems most who do this have little to no problems and you keep your place in line. 
 

The poster is nearly 1 year in to the process now, I would be very hesitant to withdraw and start over again if it was me. 
 

Just write to them explaining you are divorcing, you will provide them a final decree on whatever date you will have it and send it in when you get it or they send an RFE. 

Nothing has been filed yet as of a divorce, I just want to be prepared in case there's no way of saving the marriage 

[Albinjr26 12]

23 hours ago, Mike E said:

1. Is he willing to

 

A.  delay filing for divorce until after your I-751 is approved?

 

B. continue to live with you until I-751 is approved?

 

C. Attend an I-751 interview with you?

 

2. Are you willing to tell the ISO at your interview that the marriage is unlikely to  survive?

 

 

I don't even know, I'm really so confused with all of this as I was not expecting this from him, it came out of the blue

[TeddyFazBear 69]

9 hours ago, OldUser said:

There's few potential (not guaranteed) benefits to the widrawal approach:

 

1. Joint I-751 is unlikely going to be mistakenly approved

2. Gives a clean slate to build the case from scratch. OP likely has more evidence of bonafide marriage by now. This also reduces complexity of the case for IO reviewing it (fewer back and forth between them and petitioner etc).

3. It appears that USCIS approves some fresh cases super fast. The fact that OP's case is 1 year old doesn't mean it's going to be reviewed soon. @Crazy Cat's wife waited 44 months. A fresh case may get go through whole cycle much faster than waiting for decision on older case.

This is true...

But it wont be mistakenly approved if the OP writes to them and explains they are in divorce proceedings and will provide the decree on date X when it is available to them.

Actually everyones favourite online immigration lawyer just recently specifically said "If you already hold a conditional green card, you are not legally obliged to actually tell USCIS you are in divorce proceedings. You just have to provide it once it is final" - But obviously most of us know doing this could cause problems at N400 if you didn't provide a solid case at the outset.

 

I suspect as always, best advice is to take everything on here with a grain of salt and speak to a lawyer to make a sensible decision.

Good luck!

[OldUser 6,583]

7 hours ago, TeddyFazBear said:

Actually everyones favourite online immigration lawyer just recently specifically said "If you already hold a conditional green card, you are not legally obliged to actually tell USCIS you are in divorce proceedings. You just have to provide it once it is final"

I believe the case you're referring to was different. Here we have pending I-751, the lawyer talked about the case where there was no pending I-751 (it was early to file). The answers would be different depending on situation. Where there is no pending petition, there's no need to immediately tell USCIS, that could be told when the time comes to file I-751.

[Mike E 11,739]

15 hours ago, Albinjr26 said:

I don't even know, I'm really so confused with all of this as I was not expecting this from him, it came out of the blue

My questions  were in response to:

 

On 8/7/2023 at 3:01 PM, Albinjr26 said:

should I ask him to file for it after the case is approved 

Without knowing the answers to my question I  cannot definitely answer your question. 

In particular you do not known if you are willing to be candid with the ISO at any I-751 interview, given your answer to, 

On 8/7/2023 at 4:32 PM, Mike E said:

2. Are you willing to tell the ISO at your interview that the marriage is unlikely to  survive?

Is: “I don't even know”

 

That is not a reasonable answer.

 

You might be in too much distress now to think clearly. I suggest coming back in to this in a couple weeks unless your spouse files for divorce before then.