who should divorce..the immigrant or the petitioner

[manilaboy83 9]

iposted something few weeks ago about my case. divorcing before ROC because ofmy USC's wife abandonment. i talked to a lawyer last night and asked for hisadvice.

Herewere my questions and his answers

1) DoesFiling tax as ‘married but filing separately’ affect my ROC? I know this issort of a red flag for them.\

2) Doesit matter who files for the divorce in ROC? Me the immigrant who got abandonedby my abusive wife or my wife who would not bother wasting her time at allgoing through the paperwork and court appearance etc. i pointed out that I wantto file it myself so I can tell the explain the real deal. How I caught her withother guys, drinking and smoking pot in our apt when im not around, using ourbank money and abandoning me. She lives and work now in San diego while I livehere in LA financially struggling. My worry is I don’t want them to think thisis just bogus, now im applying for ROC after ive received my GC. This isn’t whatI wanted my marriage to turn out.

He told me that it doesn’t matter.Its better if I file it myself that way I can tell them whats really goin on,and since why wife wont care doing the whole course of divorce. He said I shouldn’tworry about this

3) Whatsgonna happen to me after divorce?

We will start building thepackage we will file

4) Whenshould I file the ROC? Right after I received the divorce decree or should I stillwait the 90 day thing before the ROC

Its better if we wait for the 90days period. Coz if I file it too soon after I received the decree, they wouldnot process it the same way its submitted within that 90 day period. This totallyconfused me.

I hope somebody can help me as looking, consulting, comparing different lawyers’ advice isexhausting.

[VanessaTony 3,567]

1. Does Filing tax as ‘married but filing separately’ affect my ROC?

2. Does it matter who files for the divorce in ROC?

3. What is going to happen to me after divorce?

4. When should I file the ROC? Right after I received the divorce decree or should I still wait the 90 day thing before the ROC?

1. No. Sometimes it is a financially better option to file separately.

2. Not for ROC but it can matter in your home country (Philippines). Hopefully someone knows specifically but I know for Filipino females it's an issue if they file the divorce as it's not recognised in the Philippines, only if the USC files it.

3. You need to file ROC immediately

4. Immediately after you receive the decree. This is the law. You are in breach of the conditions of your visa by being divorced on a conditional GC. They won't deport you immediately or anything but if you come across them whilst divorced on a conditional card you WILL have issues.

Edited February 17, 2012 by Vanessa&Tony

[Leatherneck 693]

iposted something few weeks ago about my case. divorcing before ROC because ofmy USC's wife abandonment. i talked to a lawyer last night and asked for hisadvice.

Herewere my questions and his answers

1) DoesFiling tax as 'married but filing separately' affect my ROC? I know this issort of a red flag for them.\

Unmarried persons. You are considered unmarried for the whole year if, on the last day of your tax year, you are unmarried or legally separated from your spouse under a divorce or separate maintenance decree. Per IRS

So your choice as a still married man is to file separately or jointly. You have to file your taxes and there are guidelines as to your choices, I would focus more on the divorce and putting forth a successful ROC petition.

2) Doesit matter who files for the divorce in ROC? Me the immigrant who got abandonedby my abusive wife or my wife who would not bother wasting her time

at allgoing through the paperwork and court appearance etc. i pointed out that I wantto file it myself so I can tell the explain the real deal. How I caught her withother guys, drinking and smoking pot in our apt when im not around, using ourbank money and abandoning me. She lives and work now in San diego while I livehere in LA financially struggling. My worry is I don't want them to think thisis just bogus, now im applying for ROC after ive received my GC. This isn't whatI wanted my marriage to turn out.

If you file for divorce, then you're in the drivers seat so to speak. File for your divorce and let her be the one to worry about showing up for the court appearances. If she files for the divorce in San Diego county, then it is you that must drive 2 hours to appear in a court in San Diego county. You file for the divorce in LA county so that it's more convenient for you to appear. If she does not show up for ( I know there will be at least 2 appearances) the appearances, then you get your divorce by default. It does not matter who files.

He told me that it doesn't matter.Its better if I file it myself that way I can tell them whats really goin on,and since why wife wont care doing the whole course of divorce. He said I shouldn'tworry about this

3) Whatsgonna happen to me after divorce?

We will start building thepackage we will file

4) Whenshould I file the ROC? Right after I received the divorce decree or should I stillwait the 90 day thing before the ROC

Its better if we wait for the 90days period. Coz if I file it too soon after I received the decree, they wouldnot process it the same way its submitted within that 90 day period. This totallyconfused me.

I would file for ROC when you have the decree, you'd have your decree and are able to ROC without her.

I hope somebody can help me as looking, consulting, comparing different lawyers' advice isexhausting.

Edited February 17, 2012 by Leatherneck