Citizenship Help

[Adam1990 2]

I hope anyone can help me, I came to the USA on a marriage Visa, got married 02/19 and was issued a green card on 12/03/19 which expired on 12/03/21 I filed my I-751 but it is currently pending and I have received an extension letter to 12/03/25.

 

The problem is my wife and I are now amicably separated and are going to divorce, our relationship always was legitimate but we just changed over time.

 

Is there any way I can file for Citizenship on my own?

I read taht after being a green card holder for 5 years I can apply on my own, technically I was issued a 2 year Green card but would the extension letter count toward the 5 years? So I could apply 12/03/2024?

 

If I can file for Citizenship solo on 12/02/2024 I still have the issue of what to do if they schedule my interview for the I-751 before then as neither my wife or I are prepared to lie about our relationship, will they deport me?

 

Any help would be appreciated as my lease is also up in October and im not sure whether to renew since I'll have to break it and damage my credit if im forced to leave the country.

 

Perhaps I should see an immigration lawyer?

[Timona 4,207]

You're eligible to apply 85 days before 12/03/24. 

[Adam1990 2]

7 minutes ago, Timona said:

You're eligible to apply 85 days before 12/03/24. 

So my extension letter counts towards these 5 years?

[nastra30 2,284]

13 minutes ago, Adam1990 said:

Is there any way I can file for Citizenship on my own? - Yes, 5 year old

I read taht after being a green card holder for 5 years I can apply on my own, technically I was issued a 2 year Green card but would the extension letter count toward the 5 years? So I could apply 12/03/2024? - Yes

First things first you need to finish your divorce and change your I-751 to a divorce waiver

1 minute ago, Adam1990 said:

So my extension letter counts towards these 5 years?

Yes. You are still a LPR

[Adam1990 2]

8 minutes ago, nastra30 said:

First things first you need to finish your divorce and change your I-751 to a divorce waiver

Yes. You are still a LPR

Thanks for the reply,

 

So do I need to completely redo and send in another I-751 packet or do I just complete the waiver form.you mentioned and send that off, then wait.

 

Is this necessary? Can't I just apply for citizenship on sept 9th 85 days before my 5 years?

Edited August 5 by Adam1990

[Dashinka 24,493]

1 hour ago, Adam1990 said:

Thanks for the reply,

 

So do I need to completely redo and send in another I-751 packet or do I just complete the waiver form.you mentioned and send that off, then wait.

 

Is this necessary? Can't I just apply for citizenship on sept 9th 85 days before my 5 years?

You can change the current I751 to a divorce waiver, but keep in mind when you do that, you will get an RFE to provide the final divorce documents within 90 days.  I would focus on completing the divorce, then submit the change to divorce waiver and provide the documents.

 

Good Luck!

[OldUser 6,650]

1 hour ago, Adam1990 said:

Thanks for the reply,

 

So do I need to completely redo and send in another I-751 packet or do I just complete the waiver form.you mentioned and send that off, then wait.

 

Is this necessary? Can't I just apply for citizenship on sept 9th 85 days before my 5 years?

Converting I-751 to divorce waiver is extremely necessary. If USCIS approves your I-751 on wrong premise (thinking you're married removing conditions jointly) - you would put your LPR status into question when attempting to naturalize.

 

I'd focus on divorce / I-751 before atrempting N-400.

 

As you may know, N-400 cannot be approved before I-751 is adjudicated properly.

Edited August 5 by OldUser

[Adam1990 2]

Thanks everyone, you have all been a great help, I'll file the divorce and then the Divorce Waiver as recommended. 

 

I hope the divorce waiver is straightforward to file, I dont need to pay the I-751 filing fee again do I?

[OldUser 6,650]

2 hours ago, Adam1990 said:

I hope the divorce waiver is straightforward to file, I dont need to pay the I-751 filing fee again do I?

Adding @mindthegap as the expert in I-751s / Divorce Waivers.

 

You don't need to pay the fee, but I cannot give good instructions on switching to divorce divorce waiver. You probably have to write a letter to service center where your case is pending.

Edited August 5 by OldUser

[mindthegap 2,590]

5 hours ago, Adam1990 said:

I dont need to pay the I-751 filing fee again do I?

 

No.

A simple letter stating you are divorced and wish to convert your existing joint filing to a divorce waiver filing is sufficient.

As others have alluded to, timing is a bit crucial here - if you notify them too soon, before you are divorced, you will get RFE'd for the final divorce, which you can't provide until you are divorced...which would mean a denial, and having to refile.

If you leave it too late, you run the risk of being approved without notifying them of divorce.

 

Get the divorce underway, then notify them when you are sure that the final divorce is imminent and have some sort of known timescale. You are doing nothing wrong by doing this -  legally you are married, or divorced, and there is no 'pending' status box. 

[Adam1990 2]

Thanks everyone, I started the divorce proceedings today so I can get the waiver in along with the divorce decree asap, you have all taken a huge weight off my mind.

 

Thanks again.