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Wife and I are talking about Divorce
- Thread starter Xenfinity
- Start date
Were you interviewed before the I-751 approval? If not they may quation the bona fide of the marriage.
Make sure that the final decree of the divorce doesn't say that you were legally separated before the I-751 approval, simple separated is ok but legally separated can be a big problem when you file your N-400.
honestly i don't think you'll have any problem as far as the marriage/divorce goes.
Wave
Make sure that the final decree of the divorce doesn't say that you were legally separated before the I-751 approval, simple separated is ok but legally separated can be a big problem when you file your N-400.
honestly i don't think you'll have any problem as far as the marriage/divorce goes.
Wave
Last edited by a moderator:
Were you interviewed before the I-751 approval? If not they may quation the bona fide of the marriage.
Make sure that the final degree of the divorce doesn't say that you were legally separated before the I-751 approval, simple separated is ok but legally separated can be a big problem when you file your N-400.
honestly i don't think you'll have any problem as far as the marriage/divorce goes.
Wave
We were not interviewed and I'll be handling the legal part of the divorce. I'll make sure it says nothing of the sort. I actually read a post by a guy on a different forum that had his N-400 application denied because the divorce decree said they were separated before the I-751 was approved. Thanks for the heads up!
A little background on us.
Childless recent college grads in our mid 20s. We had some issues with our first interview (if you search my name you'll find threads) but a good lawyer took care of it. I'm planning on hiring her again for our divorce and my naturalization when it comes up.
(B) Conditional Residence .
If an applicant was admitted to the U.S. as a conditional resident and is a permanent resident at the naturalization examination, check the date on which the Form I-751 was approved. Review the Form I-751, if available, or MFAS to determine the basis for the petition when the applicant was applying for his or her condition to be removed. Note whether the applicant and his or her US citizen spouse filed the petition jointly or the applicant requested a waiver of joint filing.
If the applicant has an approved Form I-751 for a joint petition to remove the conditions on residence, but got divorced while the Form I-751 was pending adjudication, further investigation is needed to conclude whether the I-751 was approved under fraudulent circumstances. If fraud occurred, the applicant would have been ineligible for permanent residence. You should bring this case to your supervisor’s attention and possibly process the applicant for an Notice to Appear and removal proceedings under section 318 of the Act.
For additional information on conditional residence see section 216 of the Act, 8 CFR 216.1 , and Chapter 25.1 of this field manual.
If an applicant was admitted to the U.S. as a conditional resident and is a permanent resident at the naturalization examination, check the date on which the Form I-751 was approved. Review the Form I-751, if available, or MFAS to determine the basis for the petition when the applicant was applying for his or her condition to be removed. Note whether the applicant and his or her US citizen spouse filed the petition jointly or the applicant requested a waiver of joint filing.
If the applicant has an approved Form I-751 for a joint petition to remove the conditions on residence, but got divorced while the Form I-751 was pending adjudication, further investigation is needed to conclude whether the I-751 was approved under fraudulent circumstances. If fraud occurred, the applicant would have been ineligible for permanent residence. You should bring this case to your supervisor’s attention and possibly process the applicant for an Notice to Appear and removal proceedings under section 318 of the Act.
For additional information on conditional residence see section 216 of the Act, 8 CFR 216.1 , and Chapter 25.1 of this field manual.
I'm the immigrant beneficiary and received my I-751 approval a little over a month ago. The wife and I are talking about divorce. I'm just wondering if that will impact my naturalization when I apply under the 5-year rule.
Simply talking about divorce will not affect your eligibility to apply under 5 year rule.
(B) Conditional Residence .
If an applicant was admitted to the U.S. as a conditional resident and is a permanent resident at the naturalization examination, check the date on which the Form I-751 was approved. Review the Form I-751, if available, or MFAS to determine the basis for the petition when the applicant was applying for his or her condition to be removed. Note whether the applicant and his or her US citizen spouse filed the petition jointly or the applicant requested a waiver of joint filing.
If the applicant has an approved Form I-751 for a joint petition to remove the conditions on residence, but got divorced while the Form I-751 was pending adjudication, further investigation is needed to conclude whether the I-751 was approved under fraudulent circumstances. If fraud occurred, the applicant would have been ineligible for permanent residence. You should bring this case to your supervisor’s attention and possibly process the applicant for an Notice to Appear and removal proceedings under section 318 of the Act.
For additional information on conditional residence see section 216 of the Act, 8 CFR 216.1 , and Chapter 25.1 of this field manual.
Thanks, I guess that doesn't apply to me since we were married and still living together at the time the I-751 was approved. BTW what is this field manual?
Simply talking about divorce will not affect your eligibility to apply under 5 year rule.
What I'm concerned about is when the inevitable happens. When the divorce comes to fruition.
Not an issue as you already had conditions removed and are still married. Had you been separated and then divorced shortly after I-751 approval, then it may be an issue.What I'm concerned about is when the inevitable happens. When the divorce comes to fruition.
anxiouscdn2
Registered Users (C)
Out of curiosity I looked up Xenfinity's earlier thread. It seems there were difficulties over his I-485 because USCIS questioned the validity of the marriage. Now this same marriage is breaking up, right immediately after I-751 approval. I hate to take the other side, so to speak, but if I was reviewing this history, it would raise suspicion in my mind. I'm the furthest thing from an immigration expert or lawyer, but I'm slightly surprised that the knowledgeable people here seem to think there's no need for concern.
Jackolantern
Registered Users (C)
I agree with axiouscdn2 that there is some cause for concern. Others who divorced shortly after I-751 approval have had problems with naturalization as the IO decides to challenge the validity of the marriage. The OP needs to take steps to protect himself, including:
- Delaying the separation.
- Keeping evidence to show it was a bona fide marriage (joint accounts to show still living together after I-751 approval, etc.).
- Apply for naturalization after the 5-year anniversary (i.e. don't use the 90-day headstart), because after the 5-year anniversary there is a much higher barrier to revoking the GC (likely impossible in this case, assuming he truthfully addressed the issues that were raised in the I-485 process).
- Delaying the separation.
- Keeping evidence to show it was a bona fide marriage (joint accounts to show still living together after I-751 approval, etc.).
- Apply for naturalization after the 5-year anniversary (i.e. don't use the 90-day headstart), because after the 5-year anniversary there is a much higher barrier to revoking the GC (likely impossible in this case, assuming he truthfully addressed the issues that were raised in the I-485 process).
Lolitochka
Registered Users (C)
- Apply for naturalization after the 5-year anniversary (i.e. don't use the 90-day headstart), because after the 5-year anniversary there is a much higher barrier to revoking the GC (likely impossible in this case, assuming he truthfully addressed the issues that were raised in the I-485 process).
Jackolantern,
could you provide more information on this, "- Apply for naturalization after the 5-year anniversary (i.e. don't use the 90-day headstart), because after the 5-year anniversary there is a much higher barrier to revoking the GC (likely impossible in this case, assuming he truthfully addressed the issues that were raised in the I-485 process). "
thank u
sanjoseaug20
Registered Users (C)
Revoking GC before the 5 year anniversary is an administrative process. That is, if they discover a valid reason (fraud) which tells them they should not have granted the GC, they can revoke it by internal CIS processes.
Revoking GC after 5 year anniversary is a judicial process. That is, they need to take the person to court. The threshold is much higher, and unless they can prove an outright case of fraud, and are equally motivated (to spend time and effort), they will not do it.
Revoking GC after 5 year anniversary is a judicial process. That is, they need to take the person to court. The threshold is much higher, and unless they can prove an outright case of fraud, and are equally motivated (to spend time and effort), they will not do it.
sanjoseaug20
Registered Users (C)
Deleted dup.
Thanks guys! I'm trying to work things out with the wife, but it's not looking very good and she doesn't want marriage counseling. I'll delay the divorce as long as possible. I suppose it's a good thing we just signed a new 1-year lease for an apartment we had the intention of living in together. Also I'm guess the lawyer had to address everything in the original I-485 objection sine they approved that and now the I-751 without an interview.