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Need ASAP Help. Getting Divorce while I 751 pending for interview and N-400 Filed,

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  • Need ASAP Help. Getting Divorce while I 751 pending for interview and N-400 Filed,

    • I am married to US citizen from 2014.
    • Filed to remove condition on March 2016.
    • Received REF on March 2017 (Not enough joint financial documents) Responded to REF April 2017. Got I-551 stamp May 2017.
    • Contacted USCIS to follow up and was told the case has been transferred to local office. I guess it means we will be asked for an interview.
    • Filed for N-400 to expedite the interview on August 2017.

    • Now, US citizen spouse is asking for divorce!! I am waiting for possible interview letter and any day I might get the interview scheduled. She is pushing me to get mutual divorce since it is faster. otherwise the divorce will take over a year since we must spend 1 year separated before filing.


    Now I am stuck with her wanting divorce and I do not know to agree to get mutual divorce or let her file herself and go through this long divorce process.
    · If she files for divorce by herself, It will take over a year and half. What will happen to my status with 2 pending immigration cases and pending divorce decree?

    · How about I agree to get mutual divorce. Then what should I do with my pending I-751 and N-400? Should I go to interview? Will I get into trouble to get mutual divorce?

  • #2
    Originally posted by Alex.USA.2017 View Post
    • I am married to US citizen from 2014.
    • Filed to remove condition on March 2016.
    • Received REF on March 2017 (Not enough joint financial documents) Responded to REF April 2017. Got I-551 stamp May 2017.
    • Contacted USCIS to follow up and was told the case has been transferred to local office. I guess it means we will be asked for an interview.
    • Filed for N-400 to expedite the interview on August 2017.

    • Now, US citizen spouse is asking for divorce!! I am waiting for possible interview letter and any day I might get the interview scheduled. She is pushing me to get mutual divorce since it is faster. otherwise the divorce will take over a year since we must spend 1 year separated before filing.


    Now I am stuck with her wanting divorce and I do not know to agree to get mutual divorce or let her file herself and go through this long divorce process.
    · If she files for divorce by herself, It will take over a year and half. What will happen to my status with 2 pending immigration cases and pending divorce decree?

    · How about I agree to get mutual divorce. Then what should I do with my pending I-751 and N-400? Should I go to interview? Will I get into trouble to get mutual divorce?
    For the Removal of Conditions, as long as you are still married you are still technically eligible for a joint ROC, even if you are in the middle of divorce. If there is an interview your spouse would need to be willing to go to it. (There isn't an interview most of the time.) If the divorce becomes final while the ROC is still pending or if there is an interview and your spouse is not willing to go to it, then you will need to switch over to ROC based on divorce, which will cause a delay because ROC based on divorce cannot be approved until divorce is complete.

    For the naturalization application, I think you may have to give up on that because to qualify under the 3-year rule, you must have been "living in marital union" for the last 3 years, and if you are separated, you are not "living in marital union" even if you are still married.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      I agree with the statement. Just little patience and don't rush things.

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