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Filing n400 through 5 year rule / divorced from previous spouse petitioner

By MayJ in US Citizenship General Discussion

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MayJ Newbie

MayJ   1

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Good day!


I an a 10year greencard holder and I am applying for citizenship this month 90days before 5years. I got divorced from my previous spouse that petition me for greencard on Sept 2021 while my I-751 is on the process. when we filed it we were still together we filed it jointly then in the middle of the process we got divorce but then on October 2022 I received an approval and got my 10yrs GC. is it safe to apply for citizenship with this case? Someone says that I should have notified immigration with my divorce but I wasnt aware of that wheb I got my 10yr Gc I didnt get an interview I just got approved. Would this affect my citizenship application? Do I need to file for a waiver or something?

i need advise please help

 

thanks a lot

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Crazy Cat Grand Master

Crazy Cat   41,836

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Filed: Citizen (apr) Country: Taiwan
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When did you file the I-751?  You divorced before the I-751 was approved?  

 

I-751 submitted: April 2021

Divorce: Sept 2021

I-751 approved: Oct 2022

You never changed to a divorce waiver.

 

Correct?

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Crazy Cat Grand Master

Crazy Cat   41,836

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Filed: Citizen (apr) Country: Taiwan
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7 minutes ago, MayJ said:

Hi There

 

I applied I-1751 April 2021

got approve and received 10yr GC around Oct or November 2022

Is this correct?

 

I-751 submitted: April 2021

Divorce: Sept 2021

I-751 approved: Oct 2022

You never changed to a divorce waiver.  Was the divorce finalized in Sept 2021?

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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MayJ Newbie

MayJ   1

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11 minutes ago, Crazy Cat said:

When did you file the I-751?  You divorced before the I-751 was approved?  

 

I-751 submitted: April 2021

Divorce: Sept 2021

I-751 approved: Oct 2022

You never changed to a divorce waiver.

 

Correct?

Yes that is all correct filed i 751 april 2021

divorced sept 2021 

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Crazy Cat Grand Master

Crazy Cat   41,836

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Filed: Citizen (apr) Country: Taiwan
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Just now, MayJ said:

Yes that is all correct filed i 751 april 2021

divorced sept 2021 

When did you begin divorce proceeding?

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Crazy Cat Grand Master

Crazy Cat   41,836

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Filed: Citizen (apr) Country: Taiwan
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Posted (edited)
9 minutes ago, MayJ said:

I didnt know abot divorced waiver my exp spouse signed I-751 withh me

im really scared and cant afford a lawyer right now

When did you start (file) the divorce proceedings?  I'm just clarifying the sequence of events.  We have members who are familiar with this kind of situation.

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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MayJ Newbie

MayJ   1

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7 minutes ago, Crazy Cat said:

When did you start (file) the divorce proceedings?  I'm just clarifying the sequence of events.  We have members who are familiar with this kind of situation.

You mean when Did I my spouse filed for divorced? I think he filed amonth before we have our final decree so it would be August 2021 i think 

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carmel34 Experienced

carmel34   3,622

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Filed: Citizen (apr) Country: Brazil
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1 hour ago, MayJ said:

Good day!


I an a 10year greencard holder and I am applying for citizenship this month 90days before 5years. I got divorced from my previous spouse that petition me for greencard on Sept 2021 while my I-751 is on the process. when we filed it we were still together we filed it jointly then in the middle of the process we got divorce but then on October 2022 I received an approval and got my 10yrs GC. is it safe to apply for citizenship with this case? Someone says that I should have notified immigration with my divorce but I wasnt aware of that wheb I got my 10yr Gc I didnt get an interview I just got approved. Would this affect my citizenship application? Do I need to file for a waiver or something?

i need advise please help

 

thanks a lot

When you file for naturalization, they will look into your complete immigration file, including the approval of I-751 and its circumstances.  Conditions were removed based on a joint filing when at the time you were in fact divorced.  Do not file for naturalization because it will likely be denied.  File a new I-751 package with a divorce waiver and a detailed cover letter explaining what happened.  I also recommend a good immigration attorney to assist you so that you don't make any additional errors.

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SalishSea Grand Master

SalishSea   17,819

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Filed: Lift. Cond. (apr) Country: New Zealand
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Posted

OP, this is definitely not DIY territory.  You need a good lawyer.

 

I don’t think it’s wise to pursue naturalization until you sort out the 10 year GC, because the timeline makes it look like fraud, and USCIS will want to know why you sought a marriage-based GC when you were divorced.

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