I think lawyer the OP is talking to soon can come up with the best strategy.
Obviously this path:
Notify USCIS now => Get RFE for divorce decree => OP's divorce not finalized in time => Denial is not good.
But there's a remedy: refile I-751.
But the other path is not any better:
Don't notify USCIS just yet => I-751 is approved before divorce is final => Misrepresentation / fraud accusation during N-400 is not any better.
IMHO it's better to get I-751 denied than wrongly approved on premise of marital union in bonafide marriage.
OP's I-751 has been pending for almost a year now. Surely, most I-751s take close to 2 years nowadays, but there's a risk it get approved sooner randomly.
That's true, but I am a strong believer no LPR with pending I-751 should ever assume:
1) The fingerprints will be reused
2) No interview will be required
3) The case will be processed within timeframe of posted processing times
Being prepared for everything generally helps in my opinion. I've seen people on VJ being suprized they were called for interview, even though they had one at AOS stage.
Looks like a somewhat complicated case. A lawyer can definitely advice whether it's approvable. It should be in my opinion, but requires a lot of work and more evidence.
I'm sorry the marriage isn't working out. The photos are great, but what else do you have?
- Joint tax return transcripts
- Statements from joint bank accounts
- Copies of IDs with matching address
- Utility bills with both names
- Lease / mortgage with both names
^ Do you have evidence of this sort?
It is needed for I-751 approval with divorce waiver. It's unlikely I-751 is going to be approved in "separated" state.
You have a great chance of getting 10 year GC approved if you have enough evidence of bonafide marriage. Do you have a list of everything you submitted with I-751 and new evidence since then?
Also it helps if your spouse would cooperate with you. Would she support you or get in the way?
So how did you enter? What are the stamps in your passport if any?
I'm not 100% sure what status you're in and whether you're admissable for the purposes of new I-485. That might be a question to a lawyer.
To add to that:
AR-11 can be filed online. When you submit it you get confirmation instantly. Save it.
I-865 can only be filed on paper. You will get confirmation in the mail few weeks later.
That's a tough spot, but you need to respond to RFE.
Affidavits is one thing.
For the trips, did you have flights, hotel reservations in both names?
Photos with family and friends would help, if dated and annotated correctly
I don't think you can avoid this. If you abandoned I-485 you would have to start over.
I think you may need a lawyer now more than you needed before.
How were you admitted last into the US?
What status are you in?
Does it allow you to adjust?
@Boiler Please help me understanding how this video relates to the question about citizenship?
What would be the legal basis for taking US citizenship away from somebody living overseas?
I have a similar question (no joke): what law does allow a person to pick their nose? Where is it written?
I'm not a lawyer, but AFAIK ""ubi jus incertum, ibi nullum jus" E.g. what's not regulated by law or is not defined by law cannot be enforced.
Here's a list of things that can lead to loss of US citizenship:
https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/Advice-about-Possible-Loss-of-US-Nationality-Dual-Nationality.html
I did not see "living overseas" listed there.
No chance US would allow this to happen.
You may or may not know, when renouncing US citizenship, you may be paying exit tax. The filing fees themselves are pretty high. A lot of the times at the interview in foreign embassy (that's where US citizens renounce), US officials ask multiple times if one is renouncing voluntarily and whether they are 100% sure.
I guess tax liability on worldwide income is one of the reasons US doesn't have laws about automatic loss of citizenship by simply living outside for too long.
I'm not aware of automatic loss when acquiring foreign citizenship by US citizen either. The other country may ask US citizen to renounce citizenship as a prerequisite for granting them their citizenship though.
There's no such document. The closest thing is I-131 re-entry permit. But it can take as much as I-90 or longer.
You can try to obtain a I-551 (ADIT) stamp in the passport.
For that, get an Infopass appointment with local field office. You may need to show them I-90 receipt.
1) Make sure her Vietnamese passport has at least 6+ months of validity at the time of travel. Many countries won't accept passport even if it's valid but has less than 6 months left.
2) Make sure she has her expired green card and valid, original extension letters for travel
3) Check visa policies for all the countries you're going to visit or transit through. Some may require transit or visit visa.
4) Check COVID restrictions (I know, it's 2023 but still...)
@EllisAndRenz the page you posted doesn't have any occurence of word "visa".
I found this page:
https://www.visa.go.kr/openPage.do?MENU_ID=1010201
It says yes, green card holders can transit through Korea visa free if flying to or from the US. However, there's asterisk saying it's suspended due to COVID-19. I'd double check with other source.