Divorce During ROC

[MalaboRocks 0]

Hi Everyone...

Here is my story and i hope that someone can give advice... i have found some information the site about this subject but it is a little unclear in what my next move should be. i have been married to this for 2 years. it has been a rough road but i the usc have hung in there thinking it would get better. we filed the i751 on MAY 4 and apparently she thought is was a done deal. So being rough turned into just plain mean. Long story short. She has stated she is glad that she will finally have her 10 year green card so she could be rid of me and my kids. Although surprised, not surprised if you know what i mean. i tried to explain to her that it was far over... finger prints, may RFI's and maybe an interview. Well her response was that she would kill the whole family if she did not get her green card. i have moved and got my stuff. well with the threats i do not want her to ever have access to me of my kids. we are now separated in my mind (no legal separation in Louisiana). I am filing for a divorce and i want to take away my joint petition. she drinks and i am scared on one of her drinking binges she will follow through with her threats. Is there any way i can do this. i have a feeling she will not make the biometrics appt tomorrow.

1.) but can i call someone and just tell them that apparently this has all been a rouse to get her green card?

2.) Can i revoke my joint petition?

3.) if she stays here illegally am i still responsible for her?

At the least i want immigration to know that we are separated and i am seeking a divorce. The sad part is there has been so many signs that i need to see and deal with and i just wanted to not hurt her.

Thanks in advance to those who give input

[sachinky 464]

Definitely call ICE. Number is at the bottom of the page.

I'd also contact USCIS and send them an affidavit withdrawing your petition.

File for divorce.

[Weatherman 0]

I'd also very strongly consider making a local police and even FBI report about her death threats. The FBI angle could come in because she is threatening death over Immigration benefits which makes it a federal beef.

Sorry you are having to experience this development. Keep your head up.... things will get better.

[MalaboRocks 0]

Thank you guys,, i will follow these suggestions... the strange part is her misunderstanding saved myself a lot of heart heartache.. Thanks Again

[MalaboRocks 0]

Definitely call ICE. Number is at the bottom of the page.

I'd also contact USCIS and send them an affidavit withdrawing your petition.

File for divorce.

Hi and thanks for your advice. I called USCIS and said make an infopass appt,, Which does not give a choice for "your wife is trying to kill you can u help please" Also she could not tell me which office. I live in Louisiana and working in Houston... Sorry but so how do i get an an appt with out a real choice. and can i go to any office...

Thank you hopefully not to confusing....

[Deputy Purple 1,294]

You should call the local police regarding the death threats and get an order of protection.

Definitely contact ICE but honestly unless you have proof that she only married for the GC they might not do much. On the other hand, I've heard they are really good at digging-up dirt.

You already filed and Affidavit of Support for her CR-1 Visa and you can't withdraw that. If you get divorced then she can file for ROC with the divorce waiver. The other way she can ROC without you is with an abuse claim so don't have any contact with her.

I don't know what would happen if you torpedo the ROC process my withdrawing your petition and refuse to file the papers but stay married long enough for her GC to lapse. Technically she'd be out of status then unless she has a way around that.