My darkest hour
 

My wife has asked for a divorce and I'm heart broken. I've submitted to remove my conditions and am two months away from filing citizenship. Obviously this puts me at huge risk.

Can anyone advise from an immigration stand point?

I'll be moving away. I could use some suggestions on where in the US to move to. Thanks.

Re: My darkest hour
 

The situation is not as dire as you seem to think. It is permissible to change a pending joint petition to a waiver of joint petition. That said, legal representation is a good idea.

Good luck.

Re: My darkest hour
 

Im sorry notaclue. It's not easy. I went through the same thing.

You can amend the I-751 to a divorce waiver case, but it won't be granted until you have your divorce.

I'm not sure about the N-400, but I assume since you will not be in a continuing marriage you now need to wait until 5 years before applying. I also had too, and got my USC last year after admitting to the US in 2013.

All in all, take time for yourself. Lean on friends and any other support you have nearby. It will be ok.

Do you have any work limitations or any ideas?

Re: My darkest hour
 

Not as such. I just lost my job in law enforcement and have no other career behind me. I literally have no one in this entire country now. As my divorce is unlikely to happen in the next several months, would I still be able to apply for citizenship and change the marital status during that process?

Re: My darkest hour
 

You can't change your martial status during the citizenship process. Let's assume you file the N-400 while still married, based on 3 years as a PR. In order to continue on that path, you'd need to still be married and living your joint life together by the time you have the interview, and then again by the time you take the oath ceremony. If you are no longer married by those times, you no longer qualify, and would have to refile the N-400 after 5 years as a PR, so you'd be wasting money.

When not married to a USC, you would be eligible for citizenship 5 years after becoming a PR. So it would make sense to wait until after the divorce to file the N-400 based on 5 years as a PR.

Rene

Re: My darkest hour
 

I guess my biggest concern as a PR is maintaining that status outwith marriage so I don't get kicked out the country. Am I safe?

Re: My darkest hour
 

Yes you are safe IMO. As with any waiver, there is a theoretical chance of being denied and deported, and in the days of Trump there may well be more scrutiny, but ultimately you only have to show that the marriage was entered into in good faith.

Start gathering evidence right now.

You can look at my previous threads to see what I submitted for my I-751 packet. It was a doorstep of stuff, and I was approved without an interview.

EDIT: Here was my list from early 2015.

Re: My darkest hour
 

That is not true. You have your child[ren]. Are you willing to leave them and return to the UK or leave them while you seek a life without them in another state? You are not alone.

I'm sorry to hear of your relationship difficulties. I'm not asking what the circumstances are but I know that you have had several problems with retaining employment and now with no job and the SIP, emotions are all out of whack. Perhaps things will look different once SIP is removed and you and she aren't locked into a single home together.

As for your naturalization application, you have to still be in a viable and existing marriage. There is nothing to stop you from filing today if you are still living together sharing a home and finances, etc. But all you would be doing is prolonging the process. If your naturalization application called for you to attend the interview before your 5th year as a PR and you were no longer married legally, then your application would be rejected and you will be forced to start again at the back of line. So what is the point? Consult an attorney.

Re: My darkest hour
 

He is my step son and once this is over I won't see him again.

Re: My darkest hour
 

Obviously with the current loss of tax dollars and other income it is like looking into a crystal ball to know who will be hiring. But under normal circumstances Portland PD in Oregon are about 100 officers short and were desperate to recruit. The requirement in Oregon is you must be able to get your citizenship within 18 months of employment. Could at the least be worth asking them what their current recruiting situation is.

Re: My darkest hour
 

You could give the Orlando Florida area a go and there's plenty of Brits around. It's under the 'please stay at home' order but there's still a regular crowd of Brits that meet on Sundays for the weekly golf exercise. Some have certainly been through or still are going through similar experiences to you. Not easy, my wife left here some years ago and returned to the UK....good luck!

Re: My darkest hour
 

Facebook are hiring risk analysis/escalation positions available in Austin. I'm aware of ex-police being hired for these positions.

Re: My darkest hour
 

I'm looking at Houston. Any thoughts?

Re: My darkest hour
 

There’s a fairly in-depth analysis here.

Re: My darkest hour
 

https://uhs.taleo.net/careersection/...tal=8100120292

Good luck

Re: My darkest hour
 

General comment: no matter what, comply with your normal obligation to advise DHS of your current address. If memory serves me correctly, the online AR-11 has a function to hook up the notice of change of address with pending applications.

Re: My darkest hour
 

Thanks. I actually just updated my address to our new house (that we just built) the other day. Looks like I'll be changing it again.

Can anyone advise what I need actually file to notify that my application for removal of conditions is no longer based on marriage? We have been married for almost four years and my two years elapsed back in September 2019. My i751 is still pending and they gave me an 18 month extension in order for them to process it.

Re: My darkest hour
 

I was thinking from previous posts you were in a driving job. Plenty of jobs there. Nashville has been recently mentioned as being short of police officers. City is growing rapidly.

Re: My darkest hour
 

You'll need to submit your divorce decree whenever that is final.

Rene

Re: My darkest hour
 

You have asked “what” but not “when” or “where.” I perceive timing issues which can be what us legal types call “fact dependent” - in other words the best way to proceed can vary a lot. The reason I initially suggested legal advice is more for aid navigating the path to the unrestricted card with the least amount of pain and/or roadblocks.

Re: My darkest hour
 

You really have 2 options, either withdraw that petition and file a new one based on the divorce waiver, or submit the decree with a cover letter to USCIS and specifically ask that petition XYZ be converted to petition with waiver from it's current status.

I had my decree when I filed the I751, so it was a little simpler for me.

Re: My darkest hour
 

He is not divorced yet and I don't believe the divorce paperwork has been filed. All he do at the moment is wait.

A shame that he appears to have been taken for all she could get. Waits until the house they were having built was finished before asking for a divorce. Sounds to mercenary for my tastes.

Re: My darkest hour
 

I actually agree with Folinsky on this one because of the following 1) The petition he filed is no longer accurate and 2) withdrawing that petition would leave him out of status.

I think notaclue should indeed have a consultation with an immigration attorney, just to clarify what steps to take as much as anything.

Re: My darkest hour
 

Things have calmed down somewhat, still a sad situation however. We will file for a divorce over the next few months, although I will have moved out before then. We are going down the uncontested route and will sell the house. Thankfully we are being amicable.

I do agree that the better thing to do is to wait until the divorce is through before contacting USCIS. We have ample evidence that our marriage was entered in to in good faith, but I cannot help but worry that I would still get hung up in the divorce affecting my status.

My wife has agreed to have a document signed and notarized stating that she entered in to our marriage and that it was a mutual 'didn't work out in the end' situation that I can submit in addition to evidence we built a house together, bank statements, tax returns and such over the past four years. I can only hope this will be suffice.

Re: My darkest hour
 

It's not just "better" to wait, it's the fact that you can't do anything without the divorce decree. So no need to contact USCIS before you have that in hand.

Rene