Help! My i751 was approved while separated with divorce in process

[zeldaalegend]

I filed i751 jointly with my ex husband at the time. And eventually filed for divorce due to him cheating on me with prostitutes and emotional abuse. I didn't notify USCIS because I didn't have the decree. I did change my address with USCIS when I moved out.

They approved my i751 with no RFE or Interview. My divorce took forever and finalized almost a year after my green card approval.

I have seen that this can cause issues when applying for n-400. Is it better for me to not apply for citizenship? The only reason why I would consider it is to be able to sponsor my dad who is getting older so he can be close to his family.

If I were to apply and get my N-400 denied, would they revoke my green card to?

 

[newacct]

It is permissible to approve a joint I-751 while you are separated or in the middle of divorce, as long as the divorce hasn't finalized, the other spouse does not withdraw the I-751, and attends the interview if there is one (which there wasn't in your case). See this memo, section "Jointly Filed Petitions". I guess the issue may be you didn't tell them you separated, but I don't see how you would have a duty to tell them that, since living together or being happily married are not requirements of your application.

I am not a lawyer and I don't know anything about whether they might invalidate your Removal of Conditions on the basis it shouldn't have been approved or something, but I would think that, even in that case, you would still be able to file a Removal of Conditions based on divorce at that time.