ROC and Divorce Conditions

[MunnoTheCat 68]

Hello All,

Here goes my marriage timeline

I came on K1 visa, married on april 2009, we been living together, had joint account, lease, car lease, tons of pictures to even prove that this marriage entered in good faith. My conditional Green card expires on 12/1/2011. I have to apply before the green card expires

But my wife wants to divorce me and doesn't wanna live with me anymore because she think i been abusive, not a good husband, couldn't fullfill her requirements or whatsoever, which i have proves that they are wrong allegations. Let me tell you that she was divorced already and i am her second husband. She got divorce from her X on the basis of cruel and inhuman treatment, mentally tourture, because i read her divorce decree somehow.

So Now I am applying for ROC with waiver of divorce.

Now heres the situation.

I would like to bring attention from you experts ppl to give me some help towards on the ground on which my wife is divorcing me

Today, My soon to be X wife spoke to me about the ground she wants to file divorce. She gave me 4 grounds according to NY Law.

One is Adultry, second abdondment, third abusivness and the forth one imprionsment. This divorce is called uncontested divorce.

She and I dont want a mess during our divorce time which we mutially agreed upon. All is this to make it simple even thou she is ready to help me

to give anything to support my own ROC application with waiver.

The ground she wants to use is abdondment. it means we been living seperately for the past one year, with no contact because of she and I didn't get along or whatsoever. When i checked on this website http://www.nydivorceonline.com/nypages/Divorce/divorcerequirements.asp it says that

abondment you can use as ground in your divorce if you are living seperately for about a year.

Here comes my question. Ppl who do fake marriages, they live apart and show they been living together. IN my case, my marriage was entered in good faith for which i have tons of proves, but my wife is divorcing me on the grounds of abondment which is not right cuz we been living together untill the last week, when she moved out of new house herself. Now she's actually asking me to sign on the paper so that she could finalize with the divorce.

The reason why she wanna do that because its quick,cheap, and painless. I want the same thing cuz i dont have money, energy no emotions to face

anything unusuall. Lets say i sign on the divorce paper which says abdondment, and put the divorce copy with my ROC paperwork and send them to USCIS.

Isn't it something lie to Immigration dept that I have been living together but my wife wanted to divorce me and the ground she chose was abdondment

which wasn't true. In real we been living together, we had arguments as other couples have but live we were living was together. She wants me to sign off for something which we didn't do.

When i will send my ROC paperwork, it has proves that we been living together, pictures, bills, lease, or whatsoever. HOw come USCIS can accept something which didn't ever happened. She played with me, used me squeezed my pockets and now she is divorcing me that she had enough with me and she doesn't wanna see me anymore. She is divorcing me but i dont want it. but this is in my best to let her go and live my own life but the conditions

she is choosing is something to lie with USCIS.

I dont know what to do at this stage.

Edited September 8, 2011 by Lostinwind

[MunnoTheCat 68]

Please ppl help me out on this.....any lawyer out here...

[Inky 1,111]

If you need a lawyer you need to contact a lawyer. People who answer questions here are based on personal experience and going through immigration.

[christera22 8]

If you need a lawyer you need to contact a lawyer. People who answer questions here are based on personal experience and going through immigration.

I agree to Inky. The fact that your marriage was entered into with good intentions is a good point. But you are lying to USCIS saying that you guys did not live together when in reality you did. Lying to USCIS can be dangerous if they can find that out. You mentioned "we had arguments as other couples have but live we were living was together"...and " She gave me 4 grounds according to NY Law. One is Adultry, second abdondment, third abusivness and the forth one imprionsment. This divorce is called uncontested divorce." ...so what is the exact cause of her divorcing you ?

If you do not have any guilt or wrong from your side then you can show USCIS that your marriage was entered into with good intentions but things changed later. You guys can divorce whatever way you want, but lying to USCIS may not be a good idea. If arguments and not having common mental grounds is the reason of divorce then I think that is a pretty good reason to show to USCIS.

Visajourney members would never advice you to tell lies but telling us a but more in details would certainly help us to advice you more. Hope this helps. Thanks.

[MunnoTheCat 68]

I agree to Inky. The fact that your marriage was entered into with good intentions is a good point. But you are lying to USCIS saying that you guys did not live together when in reality you did. Lying to USCIS can be dangerous if they can find that out. You mentioned "we had arguments as other couples have but live we were living was together"...and " She gave me 4 grounds according to NY Law. One is Adultry, second abdondment, third abusivness and the forth one imprionsment. This divorce is called uncontested divorce." ...so what is the exact cause of her divorcing you ?

If you do not have any guilt or wrong from your side then you can show USCIS that your marriage was entered into with good intentions but things changed later. You guys can divorce whatever way you want, but lying to USCIS may not be a good idea. If arguments and not having common mental grounds is the reason of divorce then I think that is a pretty good reason to show to USCIS.

Visajourney members would never advice you to tell lies but telling us a but more in details would certainly help us to advice you more. Hope this helps. Thanks.

As i Have done some researched on internet about what is an uncontested divorce is. According to NY laws one of these four grounds should be chosen

Adultry, imprisonment, abondement abusivness or creul and inhuman treatment. These days if couple wants to do quick divorce they normaly choose abdonment, meaning they been living apart for an year or something. Thats what SHE chose to initiate divorce. I do understand completely that lie to USCIS could hurt my status and application but, there is also a process where couples wants to do divorce quickly and they have to select one choice out of four. I dont know if USCIS should know about uncontested divorce, but if she divorces me in this way and i attach that paper with my ROC paperwork along with the letter stating that she wanted me to divorce because there were alot going on but I was trying my level best to save this marriage which my god knows how harder i tried but eventually she was forcing me to let her go by signing on the divorce paper, thats why i did sign

but we were living together for which i have every prove to show. Do you guys think that being one responsible citizen not deceiving or hiding truth

from USCIS would recover my situation and granting my status approval.?

[Nich-Nick 3,354]

I dont know if USCIS should know about uncontested divorce, but if she divorces me in this way and i attach that paper with my ROC paperwork along with the letter stating that she wanted me to divorce because there were alot going on but I was trying my level best to save this marriage which my god knows how harder i tried but eventually she was forcing me to let her go by signing on the divorce paper, thats why i did sign

but we were living together for which i have every prove to show. Do you guys think that being one responsible citizen not deceiving or hiding truth

from USCIS would recover my situation and granting my status approval.?

USCIS will look at documents over anything you try to tell them yourself. If a court document (divorce) says you abandoned her a year ago, then you left a year ago. Doesn't help your case that you had a long marriage with good intentions. Or it says you are a liar if you told a court of law that you abandoned if you didn't. So USCIS judges your case as "this guy is a liar." That's not good for your case either.

You are not wise if you let her run the show on the divorce. Have a consultation with a divorce lawyer of your choice to advise you of your rights. You don't have to go by what she says or what Google says. Get someone to advise you before you sign for a divorce. There could be options that would benefit you.

[Mama mia 9]

Here are the grounds for filing a divorce in NY. Yours should be the last one.

Here is the NY court website citing these details:

http://www.nycourts.gov/divorce/info_faqs.shtml#How do I start a divorce case?

To start a divorce case, what legal requirements do I need to meet?

(1) Residency: Before a New York Court can give you a divorce, you need to show that you and/or your spouse have lived in New York State for a certain amount of time, without interruption, generally for one year. For more information on the residency requirement, see pp. 1-3 of the Uncontested Divorce Forms Packet Instructions.

(2) Grounds: You need to have grounds – a legally acceptable reason – to get divorced in New York. That means that you need to prove one of the grounds listed below:

• Cruel and Inhuman treatment

• Abandonment

• Confinement in prison for 3 or more consecutive years

• Adultery

• Living separate and apart pursuant to a separation judgment or decree

• Living separate and apart pursuant to a separation agreement

• Irretrievable breakdown in the relationship for a period of at least 6 months (for divorce proceedings started on/after October 12, 2010)

For more details on grounds, see pages 3-5 of the Uncontested Divorce Forms Packet Instructions.