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Wife wants divorce - Do I need to take my I-751 application back

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  • Wife wants divorce - Do I need to take my I-751 application back

    Hi guys,

    I applied for the I-751 9 months ago and got an RFE. Replied 6 months ago and since than I got nothing no 10 years yet.

    My wife wants a divorce which takes 6 months in California.

    - Do I need to take my jointly filed I-751 application back and re apply for the I-751 by myself or can the jointly filed I-751 just continue?
    - Does the Immigration know about the divorce if I don't notify them / Am I obligated to report the divorce?
    - Should I ask my wife to get divorced after 3 months because the 10 years should arrive within 18 months (The divorce takes 6 monhts.. 9+3+6=18 months

    What is the best move to do right now?

    Thank you!

  • #2
    I saw a post just yesterday about a guy who still got his 10yr gc even after getting divorce 4months ago. Go look for it under “after green card” forum.
    B2; AoS; Same-Sex Marriage:USC
    FO SanFrancisco

    3/30/18 PD
    4/20/18 Received 4 letters
    5/04/18 Walk In Biometrics
    5/14/18 Status update-CaseTracker, "Ready to be scheduled for interview"
    9/08/18 New card being produced-CaseTracker
    9/11/18 EAD/AP approved-uscis.gov
    9/12/18 Received tracking number for EAD/AP card
    9/14/18 Received EAD/AP
    9/17/18 Received Social Sec card
    2/17/19 Traveled abroad
    3/04/19 Paroled back in country using EAD/AP
    3/11/19 Submitted renewal of EAD/AP

    Comment


    • #3


      oh i found it....
      B2; AoS; Same-Sex Marriage:USC
      FO SanFrancisco

      3/30/18 PD
      4/20/18 Received 4 letters
      5/04/18 Walk In Biometrics
      5/14/18 Status update-CaseTracker, "Ready to be scheduled for interview"
      9/08/18 New card being produced-CaseTracker
      9/11/18 EAD/AP approved-uscis.gov
      9/12/18 Received tracking number for EAD/AP card
      9/14/18 Received EAD/AP
      9/17/18 Received Social Sec card
      2/17/19 Traveled abroad
      3/04/19 Paroled back in country using EAD/AP
      3/11/19 Submitted renewal of EAD/AP

      Comment


      • #4
        If your divorce is final, you definitely need to change it to fling by yourself on the basis of divorce. If the divorce is ongoing but not final, a jointly-filed ROC can still technically be approved; it's unclear whether you have an obligation to inform them about the ongoing divorce or not.

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

        Comment


        • #5
          Does changing mean that I have to take back the application and re apply again or just Modificate the existing one? It’s a big time loss if I need to re apply right?

          Comment

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