@sf fuler, if you hadn’t filed your N-400 and had your I-751 interview and you and your spouse were getting divorced, they’d have you amend the filing to a waiver and adjudicate the petition once you had the divorce finalized and the decree in hand. Now, N-400 with I-751 pending, if you have a combo, they’ll do the same for I-751 as they can’t adjudicate N-400 without I-751, and in this case they’ll reject your N-400. If, however, your I-751 gets adjudicated before your N-400 interview, you’re in a grey area, because USCIS policy manual has conflicting information. Please read https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-3 and in particular, Section B and the citations, whether it’s marital union as of the date of filing or till the oath ceremony.

@bugs you always awesome and have the most legit answers. thank you yes so it’s basically we can be separated but not divorced. or in other words not living together but still married. it’s been more than 3 years living together, so what happens now when they call for i751 interview and spouse doesn’t show since we are separated?

and then for i751, we need to be together and not separated.

@sf fuler, I used an experienced immi attorney for all my petitions, but also try and read relevant sections of USCIS Policy Manual. In your case, if the N-400 interview notice doesn't explicitly state a combo interview, don't request one and go without your spouse. There are cases where N-652 result will mark that you passed English language and US History and Civics, but also that they couldn't make a final decision. This happens often, and just for those with pending I-751 petitions. Here, the hope would be they approve I-751 without an interview after your N-400 interview. This is but an educated guess, and the recommendation would be to consult an attorney.

@bugs my i751 was transferred to nbc after I filed n400. I thought that only happens for an interview? or you think there is still a chance for the i751 to get approved before n400 interview?

there’s always a possibility, slim as ever, that your I-751 is adjudicated before your N-400 interview, even when I-751 is transferred to NBC.

@sf fuler like bugs said most times the N400 will not be adjudicated before the 751, in most cases they will conduct your I-751 interview with you even if you are separated ( you'll have to have your divorce decree) so that you can show your not with your spouse. some officers might make decision if there's sufficient evidence that your marriage was in good faith, while some will conduct the N400 but tell you a decision can't be made, or lucky enough both can be approved on the spot. as long as your interview is scheduled you should be good. i am in same boat as yours except that i am divorced and i sent my divorce decree to Uscis to convert my pending I-751 to waiver. but interview was scheduled and canceled 5 days before the scheduled date. it's been more than 14 days now and i haven't heard back from uscis. it's all waiting game i guess.

if u separated pls seek divorce. The clause didn’t say just married title, it says married/living together. I had similar issue where I was separated but i decided to petition divorce while I-751 is pending and filed N-400 since I was 5yr GC already.

@austa did you go to the interview where your divorce wasn’t finalized? what happened? @jamie the problem is the divorce takes 6 months in Cali. we also still have a good relationship/we just grew apart. so we wondering if we should go to the interview together still as separated or we should continue on the divorce steps

@sf fuler, there's nothing wrong in going for the interview together, infact that will help approve your case maybe same day, to uscis you are either married/ divorced but nothing like separated. as long as you proof the burden marriage was in good faith. even if you divorce has been filled when you are asked the question are you married or divorced? you should answer married(if divorce is not yet finalized) it comes down to if you still live together with your spouse (living arrangements) that's when your seperation and divorce explanation comes in. but remember it all depends on your N400 if you filled on the 5 year rule then, you should be okay all depends on the interviewing officer.. remember this are just my opinions. if you're not sure consult an immigration attorney.

Austa, pls I just changed my i751 to waiver after waiting for 2years. I was scheduled for an interview last week but my spouse says she won’t be going due to some marital issues, I got my passport stamped last month before the incident, now I got another 2years extension with another receipt number. my question now is that did I need to ask for divorce and again can I travel abroad with both i551 stamp and the extension letter with different receipt number, ?

am quite confused why the receipt number would changed. But u can ask if that the new norm. however u can travel with Stamp on yur passport with the extension ensure u carry ur expired 2yr GC. either party can file for divorce e don’t matter. In my case I filed despite my spouse is the citizen here. For, I don’t hold on to something that’s no longer working and hey on my interview they jst wanted to see ur divorce decree not who was d petitioner

my 2years green card was collected when I got the i551 stamp

@waiting patiently was there any reason why your expired greencard was collected? and how long has it been expired and how many times have you collected the 1551 stamp? because i have had mine stamped 3 times and they didn't collect my 2 years.

right, mine wasn’t collected I had stamps numerous times. it’s sounds strange and surprising

this was my first i551 stamp. am think maybe because my i751 interview was sheaduled already that’s why they collected it

usually they take the 2yr GC only get something new that’s approved

@jamie olek where is your field office? and how come your interview was canceled? how long have you been a GC resident? did you file for n400?

My I-751 was submitted in dec 2018 and RFE response received in 2019, no words since, I filled N400 in 2021 (5 year rule). and N400 interview scheduled for Dec 6 2022 in DC field office. but I-751 is still pending in the Baltimore field office i guess! but few days before N-400 interview, i recieved cancelation notice.. and nothing else since then.

@jamie ugh I’m sorry you dealing with all that. this whole process is crazy it’s unbelievable ms we at the end tho so fingers crossed to us

@jamie is most waiver cases gets approved? or the odds on the other side?

it depends, but i think most waiver cases gets delayed because it will be assigned some fraud level to the case to be sure marriage was entered in good faith. but most times according to an attorney you'll need to proof that you were married to your partner genuinely and lived together.. but usually it eventually gets approved if there's nothing that proofs otherwise. with USCIS it's no one cap size fits all method, every case is unique so...

and it helps sometimes to request the FOI on your A files, that way you can see all the information pertaining to your case that you wouldn't normally see when you use case tracker. i.e notes from IO that are not redacted.. etc

@jamie oh very interesting. how can you request FOI?

you can request FOI through this link. https://www.uscis.gov/records/request-records-through-the-freedom-of-information-act-or-privacy-act