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I-751 approved 4 days after divorce...

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  • I-751 approved 4 days after divorce...

    Hello,

    My wife and I filed the I-751 jointly in March of 2004. In April of 2005 my wife filed for divorce. My attorney advised me to wait until I have the divorce decree to file a waiver. While waiting, a letter shows up in the mail from Nebraska, and of course they approved my petition to remove the conditions on my permanent residence. I immediately called the court to find out the status of the divorce and found out that the judge signed the papers 4 business days before the date on the I-751 approval. Now my question is, am I going to run into issues at the time I file the N-400? Do I still have to file a waiver although they have approved my petition? My attorney is checking into it too, but I would like to know if I am in hot water! Thank you for taking the time to read my story. I would appreciate any advice you may have. Joe

  • #2
    Hello,

    My wife and I filed the I-751 jointly in March of 2004. In April of 2005 my wife filed for divorce. My attorney advised me to wait until I have the divorce decree to file a waiver. While waiting, a letter shows up in the mail from Nebraska, and of course they approved my petition to remove the conditions on my permanent residence. I immediately called the court to find out the status of the divorce and found out that the judge signed the papers 4 business days before the date on the I-751 approval. Now my question is, am I going to run into issues at the time I file the N-400? Do I still have to file a waiver although they have approved my petition? My attorney is checking into it too, but I would like to know if I am in hot water! Thank you for taking the time to read my story. I would appreciate any advice you may have. Joe

    Comment


    • #3
      jtp20039:

      You ARE in HOT water as you stated. Since the approval date of your I-751 is AFTER your divorce became FINAL, your approval is technically void, USCIS doesn't know this because they don't know about your divorce, but they will once you file the N-400 or your wife files any other immigration pettion for somebody else. You are exposed to have your green card revoked at anytime because of this timing, it s.u.c.k.s I know, only 4 days... You will probably have to re-file the I-751 with a waiver and give an statement explaining the facts of your case, otherwise you could go on the shadows and forget about ever applying for citizenship but not even that as I explained above will keep you safe.

      Comment


      • #4
        When did you recieve the final divorce decision notice BY MAIL? Did you receive it before you received the approval or after?

        If you received it after the approval, then KEEP THE ENVELOPE with the dated stamp

        Comment


        • #5
          The notice that came from the court had a note "notifying me of the judgement made on 4/19" with a date of 4/27. The post office stamp was on May 2nd. Now the approval from NSC was dated 4/25. Does that matter? Note that I called the court right after I got the approval to check the status and was told that the judge signed the papers on 4/19.

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