Advice

[cca 13]

hmmm ok. SO just goes down to weather or not I want to risk it...

Does anyone know of any success stories of getting divorce but recieving 10yr GC?

[rika60607 215]

I will correct you

I have filed for ROC about a month after divorce and 3 months later went on a round trip to EU with my conditional status and a NOA1 for ROC with a waiver. Not a problem.

I did not even have a physical GC (it was lost in the mail), so I had to go to USCIS office and ask for a I-551 stamp in my passport. The immigration officer was aware of my divorce, but had no problem with me or with giving me the stamp so I could travel (he also knew I already filed the waiver ROC).

It takes upwards of 6 months to get a waiver ROC approved (or RFE'd) - there is a waiver filer Timeline thread somewhere in the Removal of conditions discussion. I would say, if you file for ROC before your departure, you are safe for your trip.

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.

[Deputy Purple 1,294]

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.

In addition to rika's post below I will add that the Conditional Greencard doesn't just go away without due process. USCIS has to take action to terminate it. Once RoC has been filed they won't take such action as they now need to adjudicate the I-751 and can simply deny it to terminate the LPR status.

hmmm ok. SO just goes down to weather or not I want to risk it...

Does anyone know of any success stories of getting divorce but recieving 10yr GC?

rika's post below gives you such confirmation, getting approved for RoC after a divorce is rather common it seems.

Why take a chance when filing RoC will eliminate the guesswork & worry?

I will correct you

I have filed for ROC about a month after divorce and 3 months later went on a round trip to EU with my conditional status and a NOA1 for ROC with a waiver. Not a problem.

I did not even have a physical GC (it was lost in the mail), so I had to go to USCIS office and ask for a I-551 stamp in my passport. The immigration officer was aware of my divorce, but had no problem with me or with giving me the stamp so I could travel (he also knew I already filed the waiver ROC).

It takes upwards of 6 months to get a waiver ROC approved (or RFE'd) - there is a waiver filer Timeline thread somewhere in the Removal of conditions discussion. I would say, if you file for ROC before your departure, you are safe for your trip.

rika, thanks for the confirmation...

[cca 13]

Thank you so so much guys for your responses!! I feel so ,uch better after reading your comments as, yesterday, I was left feeling over whelmed and scared about what to do. I feel this site, however helpful, can also lead to panic and worry as there are so many different opinions.

I leave for my trip June 18th. If I file within the next week or so, will this be enough time to recieve my NOA1? Can USCIS ever just say NO when recieving an application or will they, most commonly, extend your green card to a year purly as protcol?

Im definatley on the verge of thinking to go ahead and file now but what if I dont have my NOA1 by the time I leave? When I try and re-enter the US, The USCIS will have knowledge of my divorce and I wont have my NOA1 either.

THANKS (i know i have lots of hard questions.)

Rita, have you recieved your ROC now? What stages are you in?

[rika60607 215]

You should have NOA1 within a month. You will know for sure that USCIS did not bounce your application when you see that they cashed your check (it takes a week or two). Track delivery of your application, that way you will not have to worry that it was lost...

Then USCIS will think about your ROC for a few months (check the latest trends, but I would guess about 6 months).

PS Not to scare you, but occasionally NOAs get lost ...but for you NOA1 is a back up, most likely you will not need it for your trip (I am dying to know what info CBPs can and can not see about the traveler, but of course none of them would show me )

Im definatley on the verge of thinking to go ahead and file now but what if I dont have my NOA1 by the time I leave? When I try and re-enter the US, The USCIS will have knowledge of my divorce and I wont have my NOA1 either.

THANKS (i know i have lots of hard questions.)

[JimVaPhuong 4,863]

hmmm ok. SO just goes down to weather or not I want to risk it...

Does anyone know of any success stories of getting divorce but recieving 10yr GC?

Lot's of success stories. Most people are approved. Just have sufficient evidence that you entered the marriage in good faith, and a copy of the divorce decree.

[cca 13]

Thank you Thank you Thank you!

So what youre saying is, I dont neccesarily need my NOA1 but I just need to show that I have sent in my ROC to avoid any covered secrets that might cause problems at border control?

I will give you all an update on everything when I can

[Deputy Purple 1,294]

Thank you Thank you Thank you!

So what youre saying is, I dont neccesarily need my NOA1 but I just need to show that I have sent in my ROC to avoid any covered secrets that might cause problems at border control?

I will give you all an update on everything when I can

Safest course of action would be to use a personal check for the USCIS fee, once the chack is cashed you'll know that your application package has been accepted and your NOA1 should arrive within 2 weeks.

If you don't have your NOA1 after 2 weeks then get an infoPASS appointment and ask for the I-551 stamp in your passport to show your Greencard validity extension as you're travelling internationally soon.

This will keep you covered in the safest possible way.

I personally wouldn't leave without some proof of the extension of validity.