Advice

[cca 13]

Hello,

Long story short but I recently got divorced finalised with my husband. I came here on a K1 visa, did everything by the book..have no criminal history etc.

I know that nobody knows for sure but, what do you guys hink the chances of me stayingare? I came here in 2008 and so the USA has been my home for a while now. I have a great job, friends and- whilst I miss my home country very much- it would be terrible to just be uprooted if I have to be deported. I want to prepare myself for this if its likely I will be.

My GC expires in Dec 2011 and so am planning on sending in for ROC in spetember (I cant afford to do it anytime beforehand.)

I was with my husband since 2006..we got married January 2009 on k1 and so had been together for a while. Without going too into it, things just werent right between us and I knew that it would never be a fullfilling marriage. Im only 26 and thought better to leave now rather then wait and have kids and then it ouwld be an even bigger mess.

Even though the divorce just got finalised we were seperated and living apart for about 9-10mnths (although during this time we did try and work it out by going to counselling sessions and taking a trip to mexico.) But beacause the divorce was only just finalised, we were actually legally married for just over 2 years.

When submitting the paperwork for ROC, I plan to write a cover letter briefly explaining our relationship, then

.Pictures of us together

.Join account statements

.Joint car insurance

.Tax return (we filed jointly as we were still together last year. This is the only evidence of a joint tax return I have. Is this a problem?

.joint Medical Insurance

.Rental agreement

.Even vet info on a dog and cat we owned together!

Is this enough?

what are my chances?

Thanks in advance for all your help

[rika60607 215]

1. Do not wait to file for ROC until September. USCIS may start removal proceedings against you any time, since you are already divorced.

2. You should be Okay with ROC, but you could do better with your evidence:

- you went to counseling, so ask your counselor to write a brief letter stating that you had X number of sessions from *date* to *date* and tried working on your marriage

- call IRS (irs.gov) and ask for previous tax returns. Even if you filed separately, still return would show your status as married, right? If you did not file tax returns in previous years, it is not too late to do it now.

- State tax returns?

- Utilities in both or either names?

- Itineraries of trips taken together?

- Any loans/credit cards in both names?

- Car registration? Copies of the two driver's licenses showing the same address?

- pieces of mail with both of your names (holiday cards from family)?

- Were you beneficiaries on each other's life insurances or other benefits?

- are there any people who knew you as a couple and are willing to write an affidavit of support, testifying that you lived as a married couple?

there is more evidence you can come up with, I am sure!

My GC expires in Dec 2011 and so am planning on sending in for ROC in spetember (I cant afford to do it anytime beforehand.)

When submitting the paperwork for ROC, I plan to write a cover letter briefly explaining our relationship, then

.Pictures of us together

.Join account statements

.Joint car insurance

.Tax return (we filed jointly as we were still together last year. This is the only evidence of a joint tax return I have. Is this a problem?

.joint Medical Insurance

.Rental agreement

.Even vet info on a dog and cat we owned together!

Is this enough?

what are my chances?

Thanks in advance for all your help

[Theunloved 0]

1. Do not wait to file for ROC until September. USCIS may start removal proceedings against you any time, since you are already divorced.

2. You should be Okay with ROC, but you could do better with your evidence:

- you went to counseling, so ask your counselor to write a brief letter stating that you had X number of sessions from *date* to *date* and tried working on your marriage

- call IRS (irs.gov) and ask for previous tax returns. Even if you filed separately, still return would show your status as married, right? If you did not file tax returns in previous years, it is not too late to do it now.

- State tax returns?

- Utilities in both or either names?

- Itineraries of trips taken together?

- Any loans/credit cards in both names?

- Car registration? Copies of the two driver's licenses showing the same address?

- pieces of mail with both of your names (holiday cards from family)?

- Were you beneficiaries on each other's life insurances or other benefits?

- are there any people who knew you as a couple and are willing to write an affidavit of support, testifying that you lived as a married couple?

there is more evidence you can come up with, I am sure!

1. This isn't true, they can't start removal proceeding as long as your GC is valid. You are legally divorced, but it doesn't mean that your GC is terminated.

[katiemanny 64]

1. This isn't true, they can't start removal proceeding as long as your GC is valid. You are legally divorced, but it doesn't mean that your GC is terminated.

The Conditional GC is terminated when the divorce is final, if the USCIS happen to know about the divorce then removal proceeding might begin. thats why after divorce the GC holder needs to ROC asap because the condition is not satisfied when marriage ends before the 2 years mark.

Edited April 5, 2011 by katiemanny

[JimVaPhuong 4,863]

1. This isn't true, they can't start removal proceeding as long as your GC is valid. You are legally divorced, but it doesn't mean that your GC is terminated.

Actually, it DOES mean your green card is terminated. INA section 216(b) and 8 CFR section 1216.3. If USCIS discovers the divorce then they are compelled to take action to terminate the conditional resident status of the alien.

[cca 13]

Ermm OK... I've read and researched a lot on this site and I had understood that, even though you can apply any time, you are not compelled to send in for ROC anytime before the 90 days on your expiration.

As I said, I just can't afford to do it right now so there is now way. Im planning on doing it in Septemeber...maybe before If I can adjust my budget a little bit.

Either way, what do you think my chances of staying are with the evidence I have?

Also, I plan to take a trip back to England (my home country) in June for 2 weeks. Will I have any trouble getting back into the country? Please, if you are just going off of pure unfounded thought please dont say 'yes you definatley will' as this will really affect what I do.

Thanks

[katiemanny 64]

Ermm OK... I've read and researched a lot on this site and I had understood that, even though you can apply any time, you are not compelled to send in for ROC anytime before the 90 days on your expiration.

As I said, I just can't afford to do it right now so there is now way. Im planning on doing it in Septemeber...maybe before If I can adjust my budget a little bit.

Either way, what do you think my chances of staying are with the evidence I have?

Also, I plan to take a trip back to England (my home country) in June for 2 weeks. Will I have any trouble getting back into the country? Please, if you are just going off of pure unfounded thought please dont say 'yes you definatley will' as this will really affect what I do.

Thanks

The 90 days ruling doesn't apply to you anymore because you will not file a joint ROC, but request a waiver because the marriage ended in divorce before it was time to remove the condition on your GC, since your divorce has finalized now you can go ahead and submit your Application at anytime since the Condition is to remain married for 2 years from when you became resident. I would not recommend to leave the US with your Conditional GC because you are at the mercy of USCIS until you send your ROC application.

Also your chance of staying in the US is depends on many things, evidence that you entered the marriage in good faith, and IO final decision either to approve you or denied you.

Edited April 5, 2011 by katiemanny

[Deputy Purple 1,294]

Either way, what do you think my chances of staying are with the evidence I have?

You have a nice mix of evidence to prove you intertwined your lives as a married couple would be expected to.

Also, I plan to take a trip back to England (my home country) in June for 2 weeks. Will I have any trouble getting back into the country? Please, if you are just going off of pure unfounded thought please dont say 'yes you definatley will' as this will really affect what I do.

Nobody can answer this definitely for you as the real answer depends on a few things.

The most honest answer is that it can cause you problems because if USCIS becomes aware of your divorce then they are compelled to cancel you Greencard and while CBP may let you enter to sort it out they might not also.

What is more important, the trip back home or being sure of your status in the US?

Edited April 5, 2011 by Bob 4 Anna

[rika60607 215]

The 90 day window applies to joint ROC petitions for married couples, not to ROC with waivers.

It takes some time for USCIS to terminate your GC and initiate removal proceedings against you even if they learned about your divorce today... how much time that is, I do not know.

You do not seem to understand the seriousness of immigration proceedings... married people have been known to have joint ROC denied for silly reasons and stuck outside the US, having to start the spousal petitions all over again.

I would not bet that you'll be safe coming back from your trip to England. May be you will, may be you will not. If you do not really care if you get to stay (in the US with your GC) or go, then voila, take the risk. You might be OK. But if you get caught (divorced at the border with conditional GC) your best case scenario is perhaps in the immigration court asking the judge to allow you to remove conditions. Perhaps you will want a lawyer then. This might cost you way more than ROC filing fee. Meanwhile you also may lose your right to work in the US (until waiver ROC petition is filed).

As far as will your evidence get you approved, I would say yes, but you may get an RFE. It is well rounded evidence, but a bit thin. As a waiver filer you have more to prove than a married couple with kids.

Ermm OK... I've read and researched a lot on this site and I had understood that, even though you can apply any time, you are not compelled to send in for ROC anytime before the 90 days on your expiration.

As I said, I just can't afford to do it right now so there is now way. Im planning on doing it in Septemeber...maybe before If I can adjust my budget a little bit.

Either way, what do you think my chances of staying are with the evidence I have?

Also, I plan to take a trip back to England (my home country) in June for 2 weeks. Will I have any trouble getting back into the country? Please, if you are just going off of pure unfounded thought please dont say 'yes you definatley will' as this will really affect what I do.

Thanks

[Bobby+Umit 161]

Don't take the trip - apply for ROC - if you intend on staying as an LPR in the US.

You can afford a trip to England, but can't ROC yourself?

The choice is pretty clear - what do you wish to do?

[cca 13]

I have already booked going to the UK under the impression that I still had to send in the ROC under the 90day window. I hadn;t researched it all that well i guess and didnt know I could send in ROC before that.

I have just called the airline and cannot recieve a refund

My options now i guess are A- wait to send in the ROC in Sept and leave for the UK in a hope that I can get back in

OR

B- Somehow find $500 and send in ROC now, notifying them of the divorce making my cahnces when I leave the USA even smaller to get through border control when I return....

Humph...its a scary thing to not know what theyre going to say. As I said earlier,

I have Electric bills

tennant Agreements

Vet Bills

Medical INsurance

Potos

Airline Tickets

Car insurance

Hopefully this will be enough. Does anyone know of any success stories in this kind of situation?It would help stop the worry

Thanks

[Deputy Purple 1,294]

B- Somehow find $500 and send in ROC now, notifying them of the divorce making my cahnces when I leave the USA even smaller to get through border control when I return....

Actually your NOA1 for RoC extends the validity of your expiring Greencard at least to 1 year from the date of NOA1 so it would greatly improve your chances. Just be sure to have someone checking your mail to notify you if you receive something from USCIS while you're gone.

[Deputy Purple 1,294]

Humph...its a scary thing to not know what theyre going to say. As I said earlier,

I have Electric bills

tennant Agreements

Vet Bills

Medical INsurance

Potos

Airline Tickets

Car insurance

Nobody can tell you 100% for sure that it's enough but you have covered the main aspects of married life together (intertwined lives) so you're in a good position to expect they won't need more. Worse case is RFE or they want an interview at which time you can present additional documentation if you feel your file is too thin.

[cca 13]

Thank you to everyone for replying and helping me with this.

So if I do file my ROC in the next month or so, what if they make a desicion whilst im out of the country and its denied (I leave in June for 2 weeks.) I just have a mental image of getting to border control and the IO having a flash up on his screen to say that Ive filed for having my ROC and im divorced. Even if a decison hasnt been made, wont this very circumstance of divorce be an issue for border control? Im thinking that this will lead to more problems then if i were to wait and file in september. At least this way they probably wont have knowledge of anything as I havnt notified them yet.

Im guessing even if i did file now i wont get my NOA1 for a while as the wait is a loooong time. Do they give you this NOA1 upon recieving application regardless of what their decision may be in the future? Or can they just give you an out right NO.

Thanks urrghh wat to do what to do

[katiemanny 64]

Actually your NOA1 for RoC extends the validity of your expiring Greencard at least to 1 year from the date of NOA1 so it would greatly improve your chances. Just be sure to have someone checking your mail to notify you if you receive something from USCIS while you're gone.

I have to disagree with this one, his actual conditional GC is dead because his marriage ended in divorce so even if he has NOA1, I wouldn't recommend him to leave the US until his ROC waiver is approved with his 10 years GC in hand.

He needs to file ROC and remain in the US, cause he has no right to carry conditional residence anymore. Someone correct me if I'm wrong.

Edited April 5, 2011 by katiemanny