Divorcing while waiting for 10 year gc

[Distantlove718 28]

Hi All! 
 

My fiancé came to the states on a fiancé visa and after being married for 4 years things are just not working out between us two and we have decided to split. He had the conditional green card and we filed I-751 in may of 2023 and are still waiting for an answer from uscis. 
 

If we get divorced now, while we are still waiting for the I-751, will that affect his permanent residency application? What will happen with the application we filed ? Will it just be a RFE to show divorce or will he get denied and have to refile? 
 

Also, we were married for 4 years. Will he still be able to apply for naturalization app on approval of I-751 or will he have to wait for the 5 year mark?

[Mike E 11,739]

24 minutes ago, Distantlove718 said:

If we get divorced now, while we are still waiting for the I-751, will that affect his permanent residency application?

Once divorce is filed, he needs to amend his I-751 to a divorce waiver. 
 

Also if he moves, he files AR-11. If you move, you file I-865.

 

24 minutes ago, Distantlove718 said:

 

What will happen with the application we filed ? Will it just be a RFE to show divorce or will he get denied and have to refile?

RFE to produce a divorce decree in 87 days. 
 

24 minutes ago, Distantlove718 said:

 

 

Also, we were married for 4 years. Will he still be able to apply for naturalization app on approval of I-751 or will he have to wait for the 5 year mark?

5 year mark

[powerpuff 6,697]

Topic moved from K1 forum to Effects of Major Family Changes on Immigration benefits forum to be among similar discussions.