tofu chi
Jan 19, 2026
I-751 Joint Filing → Separation & Divorce Pending – What to Expect?
Hi everyone, I’m looking for advice or similar experiences.
I filed I-751 jointly on March 1, 2024. My spouse and I separated in July 2025, and I updated my address with USCIS the same week. I filed for divorce shortly after, but service was delayed because the sheriff couldn’t locate him. I eventually used a special process server, and he was served in December 2025 and filed an appearance. We don’t have a court date yet.
As of today, I’m still in status with the 4-year extension, but I haven’t received my 10-year green card, even though it’s been about 690 days since filing. I also have limited joint evidence, which was part of the reason for the separation (finances and decisions were mostly controlled by my spouse).
I spoke with a lawyer who advised me to wait until the divorce is finalized before notifying USCIS and converting to a divorce waiver.
Has anyone been in a similar situation?
What should I expect next—RFE, interview, or continued delay?
Would you wait for the divorce decree or notify USCIS now?
Thanks in advance.
#i751 #divorce #i751waiver
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kk hJan 19, 2026
can you file for your citizenship? why didn’t you ask the lawyer that
tofu chiJan 19, 2026
@kk h i can’t. you can apply for citizenship after 3 years only if you are still together. im going through divorce now it will be have a bad effect on my case. I have to wait 5 years to apply by myself which will be 2027 march
Chelsea WrightJan 20, 2026
@tofu chi Hi Tofu, thanks for sharing all the details — this is definitely a challenging situation, but you’re not alone.
With I-751 joint filing followed by separation/divorce, USCIS generally expects either:
1️⃣ More joint evidence (if still trying to prove bona fide marriage)
2️⃣ Or a divorce waiver request once the divorce is finalized
Given your timeline and limited joint evidence, it’s common for USCIS to issue either an RFE requesting additional proof or schedule an interview to clarify the circumstances. Many people in similar situations wait until the divorce decree is finalized before officially notifying USCIS — this usually strengthens a waiver case.
One quick question so I can give more detailed guidance: has your divorce been finalized or is it still pending, and do you have all service and filing proof ready?
Rocco FortéJan 20, 2026
@tofu chi How long more till your divorce is finalized? That is the most important thing
tofu chiJan 20, 2026
@Chelsea Wright hey thanks for the response. my divorce is not finalized yet. we are waiting for a court date. I’m not sure if I understand your last question
gbagba EllahJan 21, 2026
I know how you feel..God is with you
Rocco FortéJan 22, 2026
@tofu chi If your divorce will be finalized soon then you should wait till you have the decree in hand before informing them. You’d need to send in a certified copy of the divorce decree. However, if your divorce is taking too long then you run the risk of them approving your case as joint without knowing you filed for divorce. So, if the latter becomes the case then you have to write them to say you’re in divorce proceedings and will provide the divorce decree when it is finalized. You’d also request that your case be amended to a good faith marriage waiver in the same letter.
a ValveMar 12, 2026
I'm going through a difficult situation two years ago I'm separated and only a few weeks ago the divorce was submitted and we made the petition together, and now they asked for rfe what should I do?
