ROC outside of marriage

[AUS2USA 0]

Greetings all,

I'm about 3 months out from having to ROC. I arrived in the US in August of '09. Shortly after (after 18 months of separation through the visa) my Wife informed me that she no longer wanted to be married. She skipped off to work on a cruise ship and I re-located to Seattle from LA in pursuit of work.

We are still legally married, however, I have not seen her since September '09. Will I still be able to process ROC even if we begin our divorce filings prior to that?

I do remember hearing a while ago that it is possible for this to happen. Just wanted to hear from those who have been there / done that.

BTW, I came in on a 2yr Conditional GC

Many thanks!

[AUS2USA 0]

There's no 'edit' function for posts, is there?

Let me get as much info into this as possible.

As seen by my timeline, I came to the US on a 2yr conditional relative visa. We entered the marriage in good faith and as we embarked upon this long journey, we (well, she) decided that she preferred her single life rather than a life with me. I cannot fault her for that; it was obviously a tough decision she had to make as she was close with my friends and family and vice-verse.

We do not have any joint accounts together (bills, leases, cars, bank etc.) as we have been separated shortly after I arrived here. We do stay in contact, and I believe she will assist me in any formalities needed. I am also sure that her older sisters, as well as her Mother, will write sworn affidavits for me as proof that we entered a loving relationship and that this was terminated on her grounds, not mine.

As mentioned, I have heard that I can file ROC as a sole individual even though we are still technically married. Needless to say I am a little stressed and worried about the situation. As naive as I was moving here, I assumed I would come over into a loving marriage where we would support one another. I came with virtually nothing, and have since built my new life in Seattle over the past year (job, friends etc.)

I hope this extra info helps. Though, I'm sure it's slightly repetitive from my previous post

[resilient 2]

Here's the 2009 Memorandum on I-751 Filed Prior to Termination of Marriage - have a look: http://www.uscis.gov...tion_3apr09.pdf

It allowed individuals who were not divorced yet to apply for a Waiver.

In my case, I could apply with a Waiver as we were both Legally Separated and we also had entered Divorce Proceedings at the time I had to send the package - although I did not have the divorce decree in hands yet. When does your window for sending the package closes? Are you going to be Legally Separated or Divorced by then? My understanding is that you have to be in one of those 2 situations at the moment you send the package - someone correct me if I'm wrong.

Greetings all,

I'm about 3 months out from having to ROC. I arrived in the US in August of '09. Shortly after (after 18 months of separation through the visa) my Wife informed me that she no longer wanted to be married. She skipped off to work on a cruise ship and I re-located to Seattle from LA in pursuit of work.

We are still legally married, however, I have not seen her since September '09. Will I still be able to process ROC even if we begin our divorce filings prior to that?

I do remember hearing a while ago that it is possible for this to happen. Just wanted to hear from those who have been there / done that.

BTW, I came in on a 2yr Conditional GC

Many thanks!

Edited November 24, 2011 by resilient

[VanessaTony 3,567]

According to your timeline you arrived in August 2010, not 2009. If you arrived in August 2009 you have passed the deadline for filing AOS as your card would have expired in August 2011. If you arrived in August 2010 then you don't ROC until August 2012. Please have a look at your GC at the "Resident since" date and your expiry date. I assume you're August 2012 for ROC.

You should start divorce ASAP. Once you are divorced you should file ROC immediately.

What sort of evidence do you have of a bonafide marriage?

[VanessaTony 3,567]

We do not have any joint accounts together (bills, leases, cars, bank etc.) as we have been separated shortly after I arrived here. We do stay in contact, and I believe she will assist me in any formalities needed. I am also sure that her older sisters, as well as her Mother, will write sworn affidavits for me as proof that we entered a loving relationship and that this was terminated on her grounds, not mine.

What DO you have? You won't pass ROC without at least some of that stuff. They'll just assume she helped you immigrate here otherwise. Affidavits from friends and family aren't worth anything if you don't have at least SOME of the other stuff.

As mentioned, I have heard that I can file ROC as a sole individual even though we are still technically married.

The only way to file while still married is to claim abuse. Which isn't easy to prove. The only other way is to file as divorced (or in the process of divorce).

[resilient 2]

You should start divorce ASAP. Once you are divorced you should file ROC immediately.

Wrong answer. He doesn't have to be divorced yet to file. Please refer to the Memorandum link I provided above.

Edited November 24, 2011 by resilient

[resilient 2]

The only way to file while still married is to claim abuse. Which isn't easy to prove. The only other way is to file as divorced (or in the process of divorce).

Wrong. Vanessa&Tony, please be careful with accuracy. If you don't know the law, it's best not to answer - you can be changing someone's life giving inaccurate answers.

He can file while still legally married. I did, while I was legally married but separated.

Edited November 24, 2011 by resilient

[VanessaTony 3,567]

Wrong. Vanessa&Tony, please be careful with accuracy. If you don't know the law, it's best not to answer - you can be changing someone's life giving inaccurate answers.

He can file while still legally married. I did, while I was legally married but separated.

Actually YOU are wrong. Please practice your English comprehension skills a little more. I said "in the process of" divorce. If you're applying for a waiver you need to be divorced to be approved, this is fact. The only way to be approved whilst STILL married (not the word APPROVED, not APPLY) is to claim abuse.

[VanessaTony 3,567]

Wrong answer. He doesn't have to be divorced yet to file. Please refer to the Memorandum link I provided above.

Again I am not wrong, stop being an arrogant a** and focus on the facts of each individual case. He still has a year to ROC. If at all possible he should wait to file until he is divorced, not because he HAS to but because he CAN. This will mean he won't get an RFE for the decree. The only way to be APPROVED with a divorce waiver is to be divorced.

In the OP's case, where he still has a YEAR to ROC he gains nothing by filing now. If he was already in his 90 days (which is what he said but what his timeline says isn't the case) then yes, he should file now. As he still has time, he is better off waiting. Especially as we don't know what sort of laws his state has re separation or how long the divorce will take.

While, again, it's possible to file without the decree he will get an RFE for the decree. He then has 86 days to submit the decree or his ROC will be denied and he'll have to go before an immigration judge. At that point he tells the judge that he's waiting on the divorce and they won't deport him and the judge will order that his ROC be processed once the decree is available. If it's possible to ignore this mess, which in the OP's case might be seeing he has a YEAR, it's best.

Actually YOU are wrong. Please practice your English comprehension skills a little more. I said "in the process of" divorce. If you're applying for a waiver you need to be divorced to be approved, this is fact. The only way to be approved whilst STILL married (not the word APPROVED, not APPLY) is to claim abuse.

*note the word approved.

Here's the 2009 Memorandum on I-751 Filed Prior to Termination of Marriage - have a look: http://www.uscis.gov...tion_3apr09.pdf

It allowed individuals who were not divorced yet to apply for a Waiver.

In my case, I could apply with a Waiver as we were both Legally Separated and we also had entered Divorce Proceedings at the time I had to send the package - although I did not have the divorce decree in hands yet. When does your window for sending the package closes? Are you going to be Legally Separated or Divorced by then? My understanding is that you have to be in one of those 2 situations at the moment you send the package - someone correct me if I'm wrong.

You do not need to be legally separated to file with a waiver but you DO need to be legally divorced to be APPROVED.

The importance of that memorandum is that you used to be denied if you filed before the 90 days. This (and other) memorandums explain that a conditional LPR should file for ROC immediately on divorce (as they are in breach of their status otherwise) and instructing USCIS to accept these petitions if filed before the 90 days (where before they used to make you wait).

Edited November 24, 2011 by Vanessa&Tony

[resilient 2]

In the OP's case, where he still has a YEAR to ROC he gains nothing by filing now. If he was already in his 90 days (which is what he said but what his timeline says isn't the case) then yes, he should file now. As he still has time, he is better off waiting. Especially as we don't know what sort of laws his state has re separation or how long the divorce will take.

hmmm... sorry, wrong again.

according to USCIS rules, if he no longer intends to be married, he has to file for separation/divorce asap and notify USCIS, even if his marriage broke after 1 month of marriage.

I am not being arrogant, I am sorry if you got offended. I am just against giving opinions with inaccuracies without really being familiar with a specific subject.

I am sorry but I don't intend to go over every point you called out... I respectfully disagree with your points of view and I just don't like it when people throw wrong things out there just because they have time on their hands and end up messing with someone's life.

good luck.

[VanessaTony 3,567]

hmmm... sorry, wrong again.

according to USCIS rules, if he no longer intends to be married, he has to file for separation/divorce asap and notify USCIS, even if his marriage broke after 1 month of marriage.

I am not being arrogant, I am sorry if you got offended. I am just against giving opinions with inaccuracies without really being familiar with a specific subject.

I am sorry but I don't intend to go over every point you called out... I respectfully disagree with your points of view and I just don't like it when people throw wrong things out there just because they have time on their hands and end up messing with someone's life.

good luck.

No he doesn't. Seriously. You are completely wrong. Some people don't like to divorce asap for several reasons. That isn't illegal and you stating such is so SEVERELY wrong, not to mention inappropriate. People have even been approved ROC whilst ADMITTING in interviews their relationships isn't perfect, it's rocky but they're working on it. IT IS NOT ILLEGAL!!

Stop spreading lies and misinformation.

I'm not disagreeing with your "points of view", I'm disagreeing with you stating something as fact when you quite clearly have no idea. I am completely familiar with this subject, it's obvious you are not. It's not just about "rules", it's also about the memo's sent out, it's also about case law. It isn't as black and white as you're trying to state it is.

Case in point - I just assisted someone file ROC, THREE months after his GC expired, and with a waiver. He was approved without interview. That's how well I know the rules.

I am the first to admit when I've given wrong advice, I did so earlier today when I may have mis-read an OP and so I clarified. My advice hasn't been wrong in this case. You obviously have no idea when it comes to different situations, you think this is just black and white.

My advice to the OP stands. File for divorce and THEN ROC. If the 90 day window comes up file, but I hadn't gotten that far because I was seeking clarification on his ROC date (given his OP differs from his timeline).

Edited November 24, 2011 by Vanessa&Tony

[mr and mrs 187]

hello? aus2usa? tell us what your timeline is!

[Brother Hesekiel 2,236]

In order for USCIS to adjudicate the I-751 with a waiver, the applicant needs to be divorced. A missing divorced decree will trigger an RFE and once the about 88 days to provide it are over the system will automatically trigger deportation proceedings. That means a date with an immigration judge and lawyer time, translated into money to be spend.

AUS2USA,

you'll need to provide solid evidence about a bona fide marriage, from the point where you got your Green Card 'til the separation. Try to view your case from the perspective of an I.O. who assumes that your marriage is a scam. You'll need to convince him that he's mistaken.

[resilient 2]

yes sure, keep telling people to lie to USCIS. way to go! we are not talking about "people" - we are talking about OP. and OP stated he hasn't seen his ex since Sept. 09. that's 2 years+. do you really think he is working on his marriage? please.

OP should file for divorce ASAP and get the ROC package for USCIS.

hey, you with the "cute bear": can you please stop responding to my posts? I will do the same. this is not about me or you(r pride in the board), it's about the OP. have some respect here.

btw, I just applied with a Waiver, so don't tell me I don't know the rules, LOL! it's a bit pathetic... let's put it this way: I KNOW EVERYTHING about the ROC Waiver, I've done it myself and with lawyer's advice. I am not guessing anything here, or giving my opinion, I am telling as is. I am blocking you, as I simply don't agree with the things you say, so don't bother answering.

No he doesn't. Seriously. You are completely wrong. Some people don't like to divorce asap for several reasons. That isn't illegal and you stating such is so SEVERELY wrong, not to mention inappropriate. People have even been approved ROC whilst ADMITTING in interviews their relationships isn't perfect, it's rocky but they're working on it. IT IS NOT ILLEGAL!!

[VanessaTony 3,567]

yes sure, keep telling people to lie to USCIS. way to go! we are not talking about "people" - we are talking about OP. and OP stated he hasn't seen his ex since Sept. 09. that's 2 years+. do you really think he is working on his marriage? please.

OP should file for divorce ASAP and get the ROC package for USCIS.

And I TOLD you the OP might have his dates wrong! His OP says one thing, his timeline says another. Stop being a drama queen when we still haven't received clarification on the dates. As I said in my qn regarding dates, he is either LATE with his ROC, or his dates are off and he still has a year.

Oh and uhh, you just told the op to file for divorce ASAP and file ROC.. that sounds familiar...

You should start divorce ASAP. Once you are divorced you should file ROC immediately.

The only difference between my and your advice is I'm trying to help him avoid an RFE for the divorce decree (and avoid the drama of being denied and going before an immigration judge if his divorce takes a while) when he has time to avoid one.

btw, I just applied with a Waiver, so don't tell me I don't know the rules, LOL! it's a bit pathetic... let's put it this way: I KNOW EVERYTHING about the ROC Waiver, I've done it myself and with lawyer's advice. I am not guessing anything here, or giving my opinion, I am telling as is. I am blocking you, as I simply don't agree with the things you say, so don't bother answering.

Filing with a waiver isn't rocket science. You needed someone else's advice, a lawyers advice. Many other people do it without a lawyer. In fact I have been through the entire process without a lawyers advice, without RFE and my AOS was approved without RFE or interview. You seem to want a reward for doing it (and in 6 months!! That's outside normal processing time so no reward for that), and you seem to want a reward for linking a memo. You still don't know everything and you seem to keep missing the obvious fact that the OP has his dates wrong. Why are you telling the OP to file now, when he still has time to avoid an RFE and get approved in 3 months or less. Stop making it harder than it is or needs to be.