What to do!

[No-Ten 1]

I hope that you are all doing fine. I never thought i will be posting in this topic in this forum but here i am. Well, i am waiting for ROC to be approved by VSC, which i mailed to them in March. Unfortunately, my husband wants a divorce, and there is nothing i can do to save the marriage although am willing to do whatever it takes, the problem is that i just realised that my husband has been talking to another woman and thats why he wants a divorce from me although he has denied that being the case, although i have prove. I haven't told him that i do have the prove yet. My question is what documents should i keep with me so that when the time comes to apply for citizenship i will not be be running around looking for my husband to give me the documents? Any other advice will be highly appreciated. Thank you.

[payxibka 10,047]

I hope that you are all doing fine. I never thought i will be posting in this topic in this forum but here i am. Well, i am waiting for ROC to be approved by VSC, which i mailed to them in March. Unfortunately, my husband wants a divorce, and there is nothing i can do to save the marriage although am willing to do whatever it takes, the problem is that i just realised that my husband has been talking to another woman and thats why he wants a divorce from me although he has denied that being the case, although i have prove. I haven't told him that i do have the prove yet. My question is what documents should i keep with me so that when the time comes to apply for citizenship i will not be be running around looking for my husband to give me the documents? Any other advice will be highly appreciated. Thank you.

Since you will be divorced, you will need nothing special from him... you will be eligible to apply for citizenship on your own after 5 years of residency instead of 3

[Leigh Ann 8]

Since you will be divorced, you will need nothing special from him... you will be eligible to apply for citizenship on your own after 5 years of residency instead of 3

If she hasn't completed ROC, then won't she need more proof for an interview? She said she'd mailed ROC off, but not that she'd received her green card.

[JimVaPhuong 4,863]

If she hasn't completed ROC, then won't she need more proof for an interview? She said she'd mailed ROC off, but not that she'd received her green card.

Depends on what happens at the interview. If the divorce hasn't been filed yet, and her husband cooperates and goes to the interview, then she'll probably get a 10 year green card. Otherwise, she'll need to refile asking for the "good faith" waiver, and provide appropriate evidence that she entered the marriage in good faith.

[justashooter 430]

if she seperates she needs to file an AR-11 change of address, and notify the VSC and NSC that she is seperated. her application will be converted from "joint file" with no cost to self petition, she will get an RFE for final divorce decree, and will be ajudicated at interview. if she has proof of good faith she will be fine whether the husband goes with or not, if she is divorced by then. if the divorce is not final within the 87 days alloted for reply to the RFE (which will come 60-90 days after notification of VT and NSC) she should send a copy of the divorce pleading and indicate that it is process.

this may kick her into removal proceedings wihtin a few months if she has not by then presented the decree. she will have to attend the proceeding with evidence that the case is in process and state the reason that it is not finished yet (state divorce rules, argument over division of assets, contesting the divorce, etc), and the judge will issue a stay of deportation for long enuf to get the decree. then the case will be ajudicated on basis of it's merits.

what she needs to get RIGHT NOW is evidence of good faith marriage during the period from arrival in USA to the current date. her case will be ajudicated on basis of this evidence. copies of all earlier documentation, and her home passport, will be of great use and should be acquired. she should take any originals for herself, but leave her husband copies. he may have legal reason to use them later, especially if he ever marries a foreigner again. they are owned by both parties, so he should be given a copy.

https://egov.uscis.gov/crisgwi/go?action=coa

USCIS Vermont Service Center

75 Lower Weldon St

PO Box 200

St Albans, VT 05479-0001

USCIS Nebraska Service Center

PO Box 8251

Lincoln, NE. 68501-2521

[No-Ten 1]

Thank you all for your input. Actually i am not moving out until i get my 10 year greencard. If anything he can move out since he is the one who wants out. I will keep you all update on want happens.

[justashooter 430]

Thank you all for your input. Actually i am not moving out until i get my 10 year greencard. If anything he can move out since he is the one who wants out. I will keep you all update on want happens.

that's all fine and well if you get the card without interview. if interview is required you may have some trouble if your husband refuses to show. you can be "seperated" and live in the same place. ask him what he is going to do if you have to interview.

[No-Ten 1]

fortunately he is willing to wait until i get my card, because he said hopefully in 2 months it should be here or we will get some kind of feedback on my GC, but again one never knows what to really expect with USCIS, if there is an interview he will go with me as well. I said if he wants to move out he can, because i know he is the one in a hurry to move on and be with the woman he has been chatting with. Once all the divorce is done i will share my experience here. For now i don't want to say a lot until i meet with a lawyer.

[Brother Hesekiel 2,236]

Strictly speaking, it's like walking on ice. The condition of the Green Card is based on the couple still being married and living together in what is known as a martial union. Here the couple already has decided to split and hubby has a new woman before the ROC is decided upon, so it doesn't take a wide stretch of the imagination to evaluate what they are doing as a means to circumvent the immigration law.

Would I do the same? Maybe. Is it a risky game? I'd say so.

[justashooter 430]

Strictly speaking, it's like walking on ice. The condition of the Green Card is based on the couple still being married and living together in what is known as a martial union. Here the couple already has decided to split and hubby has a new woman before the ROC is decided upon, so it doesn't take a wide stretch of the imagination to evaluate what they are doing as a means to circumvent the immigration law.

Would I do the same? Maybe. Is it a risky game? I'd say so.

agreed that it is not within the purview of an interviewing officer to change the nature of the petition from joint to seperated. this is within the purview of nebraska and vermont service centers. if you get called to interview and your husband says that he has a new GF and that he is just staying with you long enuf for you to get your GC then your petition may be denied. if he lies about what he is doing and this is ever determined to be the case, at any time in the future, whether you have gotten the GC without interview or not, or are already a naturalised citizen, then he can be charged with immigration fraud, as can you, and you can both wind up in jail. after you are released from jail, you will surely be deported. in a very real sense even allowing the petition to move forward with intent to divorce and not notifying USCIS is a direct violation of the law punishable by criminal charge and deportation, if so determined.

if you seperate (constructively, or physically) you need to file an AR-11 change of address form if applicable, and notify the VSC and NSC that you are seperated. your application will be converted from "joint file" with no cost to self petition, you will get an RFE for final divorce decree, and will be ajudicated at interview. if you has proof of good faith you will be fine whether the husband goes with or not, if you are divorced by then. if the divorce is not final within the 87 days alloted for reply to the RFE (which will come 60-90 days after notification of VT and NSC) you should send a copy of the divorce pleading and indicate that it is process.

this may kick you into removal proceedings within a few months if you have not by then presented the decree. you will have to attend the proceeding with evidence that the case is in process and state the reason that it is not finished yet (state divorce rules, argument over division of assets, contesting the divorce, etc), and the judge will issue a stay of deportation for long enuf to get the decree. then the case will be ajudicated on basis of it's merits.

what you need to get RIGHT NOW is evidence of good faith marriage during the period from arrival in USA to the current date. your case will be ajudicated on basis of this evidence. copies of all earlier documentation, and your home passport, will be of great use and should be acquired. you should take any originals for yourself, but leave your husband copies. he may have legal reason to use them later, especially if he ever marries a foreigner again. they are owned by both parties, so he should be given a copy.

how likely is it that your scheme to defraud the US gov't of immigration benefits? that depends on how many people know what the game is, and how angry they are. his current GF knows, and she may not always be happy with him. his family is surely gonna know, and already may not like you. everybody on this board knows, and your IP address is trackable to your identity. USCIS agents read this board, and may be working as i type. if i was not such a lazy guy i would prolly determine your identity and file a notice to USCIS right now. do the right thing and everythign will work out fine. if you try to cheat, you may get caught, and your entire future will be ruined. this is that serious.

https://egov.uscis.g...i/go?action=coa

USCIS Vermont Service Center

75 Lower Weldon St

PO Box 200

St Albans, VT 05479-0001

USCIS Nebraska Service Center

PO Box 8251

Lincoln, NE. 68501-2521

[No-Ten 1]

Justshooter, thank you for your length email. There is no where i have said that i am going to lie to the USCIS. I hate when people like you jump up into conclusions. Have a good day. Am done with this site as well. Good bye

agreed that it is not within the purview of an interviewing officer to change the nature of the petition from joint to seperated. this is within the purview of nebraska and vermont service centers. if you get called to interview and your husband says that he has a new GF and that he is just staying with you long enuf for you to get your GC then your petition may be denied. if he lies about what he is doing and this is ever determined to be the case, at any time in the future, whether you have gotten the GC without interview or not, or are already a naturalised citizen, then he can be charged with immigration fraud, as can you, and you can both wind up in jail. after you are released from jail, you will surely be deported. in a very real sense even allowing the petition to move forward with intent to divorce and not notifying USCIS is a direct violation of the law punishable by criminal charge and deportation, if so determined.

if you seperate (constructively, or physically) you need to file an AR-11 change of address form if applicable, and notify the VSC and NSC that you are seperated. your application will be converted from "joint file" with no cost to self petition, you will get an RFE for final divorce decree, and will be ajudicated at interview. if you has proof of good faith you will be fine whether the husband goes with or not, if you are divorced by then. if the divorce is not final within the 87 days alloted for reply to the RFE (which will come 60-90 days after notification of VT and NSC) you should send a copy of the divorce pleading and indicate that it is process.

this may kick you into removal proceedings within a few months if you have not by then presented the decree. you will have to attend the proceeding with evidence that the case is in process and state the reason that it is not finished yet (state divorce rules, argument over division of assets, contesting the divorce, etc), and the judge will issue a stay of deportation for long enuf to get the decree. then the case will be ajudicated on basis of it's merits.

what you need to get RIGHT NOW is evidence of good faith marriage during the period from arrival in USA to the current date. your case will be ajudicated on basis of this evidence. copies of all earlier documentation, and your home passport, will be of great use and should be acquired. you should take any originals for yourself, but leave your husband copies. he may have legal reason to use them later, especially if he ever marries a foreigner again. they are owned by both parties, so he should be given a copy.

how likely is it that your scheme to defraud the US gov't of immigration benefits? that depends on how many people know what the game is, and how angry they are. his current GF knows, and she may not always be happy with him. his family is surely gonna know, and already may not like you. everybody on this board knows, and your IP address is trackable to your identity. USCIS agents read this board, and may be working as i type. if i was not such a lazy guy i would prolly determine your identity and file a notice to USCIS right now. do the right thing and everythign will work out fine. if you try to cheat, you may get caught, and your entire future will be ruined. this is that serious.

https://egov.uscis.g...i/go?action=coa

USCIS Vermont Service Center

75 Lower Weldon St

PO Box 200

St Albans, VT 05479-0001

USCIS Nebraska Service Center

PO Box 8251

Lincoln, NE. 68501-2521

[rika60607 215]

Thank god,

there is enough rude people here as it is

Justshooter, thank you for your length email. There is no where i have said that i am going to lie to the USCIS. I hate when people like you jump up into conclusions. Have a good day. Am done with this site as well. Good bye