I751 approved before getting a chance to convert to waiver

[Eugeniekk 1]

Hi friends, below is my timeline, wondering what I can do at this point.

 

9/9/2022 - filed for I751 jointly, got an extension notice for 48 months

10/30/2023 - divorce finalized

8/20/2024 - I751 approved without request for RFE or interview

 

I didn’t expect the approval to happen so fast and I didn’t get a chance to provide the decree and convert this to a waiver.

 

Should I file a new waiver explaining the situation?  Is it going to get me in trouble?

[Crazy Cat 41,845]

When was the divorce filed?

[Eugeniekk 1]

1 minute ago, Crazy Cat said:

When was the divorce filed?

It was filed 7/2023

[Crazy Cat 41,845]

51 minutes ago, Eugeniekk said:

It was filed 7/2023

Why didn't you amend to a divorce waiver before the I-751 was approved?  It was almost a year between the final divorce decree and I-751 approval.   USCIS approved your I-751 without all the info. This will be sorted out when you apply for citizenship.  Just my opinion.

Edited August 25 by Crazy Cat

[Eugeniekk 1]

5 minutes ago, Crazy Cat said:

You should have changed to a divorce waiver.  It was almost a year between the final divorce decree and I-751 approval. 

I know

 

Definitely regret not doing it sooner.  But it’s already happened, wondering what I can do at this point, and if anyone has experienced something similar.

[Crazy Cat 41,845]

1 minute ago, Eugeniekk said:

wondering what I can do at this point

Nothing at this point.

[powerpuff 6,697]

24 minutes ago, Eugeniekk said:

I didn’t expect the approval to happen so fast and I didn’t get a chance to provide the decree and convert this to a waiver.

I hope you do not use that to explain it to USCIS - it was not fast and you had ample time to inform them. I wonder what exactly you were waiting for, were you not going to inform them at all? I’m sure USCIS would have the same questions.

 

Maybe @Family can advise. 
 

 

[Eugeniekk 1]

6 minutes ago, powerpuff said:

I hope you do not use that to explain it to USCIS - it was not fast and you had ample time to inform them. I wonder what exactly you were waiting for, were you not going to inform them at all? I’m sure USCIS would have the same questions.

 

Maybe @Family can advise. 
 

 

I was in the middle of a lot of things - huge change of career, moving (moved three times across states within a year bc of my job), job hunting, new job adapting, and a bunch of back and forth with the ex-spouse of property division.  I wasn't really waiting for anything and just didn't have the mental capacity to finish that 😅 since I need to provide as much evidence as I could and I didn't finish preparing all the documents.  The extension is 48 months, and the processing time shows over 30 months so I thought I'd still have more time.  Definitely regret it a lot.

[Family 3,988]

34 minutes ago, powerpuff said:

I hope you do not use that to explain it to USCIS - it was not fast and you had ample time to inform them. I wonder what exactly you were waiting for, were you not going to inform them at all? I’m sure USCIS would have the same questions.

 

Maybe @Family can advise. 
 

 

Either do nothing….and remain a perpetual LPR, never file for N-400, or lawyer up now and Do Something to bring it to their attention….as there will be recision proceedings . 
‘If it was a legit marriage, you will win, but it will cost $$ in legal fees.
 

[Crazy Cat 41,845]

56 minutes ago, Eugeniekk said:

Definitely regret not doing it sooner.

During our I-751 interview, (44 months after submitting the I-751) the USCIS officer wanted to see evidence of bona fide marriage evidence from the date of submitting the I-751 until the date of the interview.  I think USCIS assumed you were still married when they approved it. 

[Eugeniekk 1]

14 minutes ago, Family said:

Either do nothing….and remain a perpetual LPR, never file for N-400, or lawyer up now and Do Something to bring it to their attention….as there will be recision proceedings . 
‘If it was a legit marriage, you will win, but it will cost $$ in legal fees.
 

I don't plan to file for N-400, but I am wondering when trying to extend the LPR when it is about expire after 10 years, wouldn't they look at my case the same way if I were to file for N-400?  

 

And about getting a lawyer,  is it going to be more like a battle as opposed to regular filing, and hence it will cost more? 

 

Thanks a lot for your advice.

[Family 3,988]

30 minutes ago, Eugeniekk said:

I don't plan to file for N-400, but I am wondering when trying to extend the LPR when it is about expire after 10 years, wouldn't they look at my case the same way if I were to file for N-400?  

 

And about getting a lawyer,  is it going to be more like a battle as opposed to regular filing, and hence it will cost more? 

 

Thanks a lot for your advice.

May I ask why you don’t plan to naturalize?

 

[Eugeniekk 1]

4 minutes ago, Family said:

May I ask why you don’t plan to naturalize?

 

I still want to keep my original citizenship and the country doesn't allow for dual citizenship

[Family 3,988]

1 minute ago, Eugeniekk said:

I still want to keep my original citizenship and the country doesn't allow for dual citizenship

Hmm…sounds like your long term plan includes maintaining allegiance to home country…and may include travel and other interests. ..China , right?
 

I don’t know if I would advise living in the US, while always looking over your shoulder, so to speak. Anything could trigger a closer look…a vengeful ex spouse , an inquisitive CBP at POE.

 

Fixing your oversight now …gives a bit more credibility to an unintended error as opposed to …any fraud schemes

[OldUser 6,649]

3 hours ago, Family said:

Either do nothing….and remain a perpetual LPR, never file for N-400, or lawyer up now and Do Something to bring it to their attention….as there will be recision proceedings . 
‘If it was a legit marriage, you will win, but it will cost $$ in legal fees.
 

Agreed, this is what I heard on internet lawyer's immigration show. Either don't ever try to naturalize or if you do, have a lawyer to represent. This is not a DIY case anymore. The allegations of fraud are possible if OP tries to become a citizen.