Uncontested Divorce and ROC

[MunnoTheCat 68]

does USCIS accept uncontested divorce in which u mutually settled down things among spouses.

Its generally a quick way to get divorce with less pain, much cheaper and hassle free. My wife is giving me divorce and wants me to let her go ASAP by signing on the divorce. Uncontested divorce in NY STATE has four grounds one is creul and inhuman treatment, abondment, imprisonment, adultry.

She is filing divorce on abondment basis which means she and I were living apart for an year. I am about to send my ROC with waiver becuase of divorce

but our marriage enterned in good faith and didn't try to get any immigration benefits for me. I tried my level best to safe this marriage but if

she thinks that i am not capable of her then what should i say so decided to let her go by signing on the paper which i havne't done yet.

My question is if i attach this uncontested divorce paper which has grounds of abondment (not living together for 1 year). but yet i am sending proves of joint lease, car insurance, house lease, account details, photos and stuff that we been living together for almost two years, is it going to be tricky or USCIS knows about uncontested divorce. this type of divorce is quicker and you can get it anytime soon with no hassle, of course as now i am ready to leave her so i dont want hassle or any pain thats why she wants to do divorce in this way.

but when USCIS see my paperwork that this couple is divorced but not been living together for a year but in real we were living together but we can't get uncontested divorce quickly if we don't choose any ground (as per NY states Law). How USCIS will treat this case? Or they know about it already that the couple got a quick divorce and chose abondment option but infact they were living together almost two years.

I hope i was pretty much cleared in my question. Please help me on this. thankss

[Mama mia 9]

I would advise you to file the divorce based on abandonment; this is not true in your case and may make it challenging for your ROC.

I was able to find this online:

http://www.womenslaw.org/laws_state_type.php?id=8252&state_code=NY

What are the grounds for divorce?

"Grounds" are legally acceptable reasons for a divorce. As of October 12, 2010, NY now has a "no-fault" divorce ground.

No-fault ground - You can get a "no-fault" divorce if, according to either party, the marriage has "broken down irretrievably" for a period of at least six months (in other states, the common term used is "irreconcilable differences.") You do not have to be separated for 6 months, you just have to allege that the marriage has been completely broken down for at least the past 6 months. Note: A judgment of divorce will not be granted under this ground until the following issues are resolved by the parties, or determined by the court and incorporated into the judgment of divorce:

equitable distribution (division) of marital property,

the payment or waiver of spousal support,

the payment of child support,

the payment of counsel and experts' fees and expenses, and

the custody and visitation of any minor children of the marriage.*

Edited September 8, 2011 by Mama mia

[Mama mia 9]

I guess it was too early since I didn't even proof-read before I posted.. But I was trying to say, I would NOT advice getting the divorce based on abandonment grounds!