ROC filed, now want divorce

[Isserley 0]

Hello,

I need some advice.

My husband and I jointly filed I-751 in February (Vermont SC) but ROC has not yet been approved.

We are now separated and, for reasons too complicated to go into, I want to get a divorce as soon as possible. In fact, I want to file for divorce this coming Friday. I do want to be connected to this person anymore.

I am unsure what to do. My husband is not a petty person, so I think he would be willing to stay married to me until I get my Green Card (especially because that means he would be able to stay on my health insurance). However, it seems that the Vermont Service Center takes a *long* time to process ROC, and I do not want to have to wait that long to begin the divorce proceedings.

I am unclear whether I should just wait this out until I get my Green Card (and hope we don't get an interview) or inform USCIS that we have split up, and send them proof once we get divorced. I am also not sure whether I have to withdraw our joint application and now just apply alone with a waiver. If this is the case, would I have to begin the ROC process all over again?

I'd appreciate any help. Thanks!

[Little_My 464]

This is what USCIS says:

If You Are In Divorce Proceedings But Are Not Yet Divorced

If you are still married, but legally separated and/or in pending divorce or annulment proceedings, and:

- You filed a waiver request. We will issue a request for evidence (RFE) specifically asking for a copy of the final divorce decree or annulment (if applicable).

- You filed a Form I-751 petition jointly. We will issue a request for evidence (RFE) specifically asking for a copy of the final divorce decree or annulment and a statement that you would like to have your joint filing petition treated as a waiver.

Upon receipt of the final divorce decree or annulment within the specified time period, we will amend the petition, to indicate that eligibility has been established for a waiver of the joint filing requirement based on the termination of the marriage.

It seems that you can amend the jointly filed petition, but your ROC won't be adjudicated until the divorce is final. Someone here will probably know more details about this process - and if you just search for "ROC divorce", you'll get quite a lot of hits..

[BRB 6]

Hello,

I need some advice.

My husband and I jointly filed I-751 in February (Vermont SC) but ROC has not yet been approved.

We are now separated and, for reasons too complicated to go into, I want to get a divorce as soon as possible. In fact, I want to file for divorce this coming Friday. I do want to be connected to this person anymore.

I am unsure what to do. My husband is not a petty person, so I think he would be willing to stay married to me until I get my Green Card (especially because that means he would be able to stay on my health insurance). However, it seems that the Vermont Service Center takes a *long* time to process ROC, and I do not want to have to wait that long to begin the divorce proceedings.

I am unclear whether I should just wait this out until I get my Green Card (and hope we don't get an interview) or inform USCIS that we have split up, and send them proof once we get divorced. I am also not sure whether I have to withdraw our joint application and now just apply alone with a waiver. If this is the case, would I have to begin the ROC process all over again?

I'd appreciate any help. Thanks!

You are opening up a can of worms. I would wait for the green card since you have already filed but that is just me. If your application was complete your chances of an interview are low. It will take about 8 months or so to get ROC so you are looking at just a few more months. Try to stay on good terms with your spouse. I do not know what the problems are with your spouse but life in the US is not always easy and your relationship might improve if your situation improves.

[Moomin 292]

You are opening up a can of worms. I would wait for the green card since you have already filed but that is just me. If your application was complete your chances of an interview are low. It will take about 8 months or so to get ROC so you are looking at just a few more months. Try to stay on good terms with your spouse. I do not know what the problems are with your spouse but life in the US is not always easy and your relationship might improve if your situation improves.

Fixable can of worms vs. bigger can of worms.

Receiving a 10 year greencard doesn't equal being done with USCIS. Well, you are until either renwing greencard or applying for naturalization, at which time it is very inconvinient to demonstrate divorce papers dated before 10 year greencard was issued - filing jointly.

Edited August 13, 2012 by moomin

[Justine+David 218]

Go ahead and follow Little_My's advice. If you send in a decent package of evidence with your initial filing, you have nothing to worry about and just send in the divorce papers when you get them. Better to be safe than have this bite you years later if you apply for citizenship. Remember that even your citizenship can be taken away from you if it's proven years later that fraud was related to any of your cases.

[Isserley 0]

Hello, thank you for your advice a couple of weeks ago.

Things have now deteriorated so much in my relationship with my estranged husband that I am very nervous about being asked to attend an interview with him. I'm sure he won't come, and I don't want him to come. I would rather have no contact with him whatsoever.

It would seem to me that filing for divorce now would be the best idea. I filed ROC in February at the Vermont Service Center, and it looks like they take a whole year to approve your permanent green card. I cannot wait until then to get divorced!

Would it not be better to just file for divorce now, and let USCIS know that I have done this? If I just hang around waiting for my green card to turn up, and then get asked for an interview, I feel it would look really bad if I turned up all by myself when I hadn't let them know that this was going to happen, or if I haven't filed for divorce.

I should also let you know that the reason for our break-up was that my husband was charged with assaulting me, and resisting arrest (he got tased twice). It was a mutually abusive relationship, to be honest, and I think we're both better out if it. We just can't stop hurting each other. I looked into the U-Visa thing but I don't think I would qualify for that. I would have to "cooperate" with the police to prosecute him. I don't intend to sign an affidavit of non-prosecution because he *was* abusive to me, but, at the same time, I don't want to go after him all guns blazing just to get a green card. As I said, it was a mutually abusive relationship. We were just two messed-up people who couldn't deal with each other's issues. It doesn't feel fair to get all into "prosecuting" him just so I can get a green card.

[Isserley 0]

I just searched around on here, and found this thread:

http://www.visajourney.com/forums/topic/359615-divorce-initiated-while-pending-roc/

This is what I understood from it:

(1) If I file for divorce now, and I receive my green card before the divorce is finalized, then I should be fine. No reason to let USCIS know about the pending divorce since the actual divorce would go into effect after the date my permanent green card was approved. Right?

(2) However, if I file for divorce now and it is finalized *before* I receive my green card, and I don't let USCIS know and I get the green card without an interview, I will probably still be OK *until* I file for naturalization. At that point, they will know the divorce was approved before the green card, and I will be in big trouble.

I am not sure if our divorce would be uncontested. We have practically no joint assets, except a crappy Toyota Corolla. My husband just bought himself a car, so I have been left with the Corolla. I intended to sell it and pay him half at the end of the year, but I don't think I will be able to afford a new car, so I would now like to keep the car. I guess this might mean that the divorce could be contested if he wants the car? I have no idea.

If uncontested, I could be divorced in 90-120 days which is probably going to be before my green card turns up. I just want everything to be over. I just can't wait to divorce him. I keep on hoping that he will change, and that we can work on ourselves and the marriage, but that's never going to happen. I feel I need to file for divorce so that I can stop hoping, and waiting, because it's a lost cause. I just need to move on, and filing for divorce would do that.

[anjinsan 4]

I just searched around on here, and found this thread:

http://www.visajourney.com/forums/topic/359615-divorce-initiated-while-pending-roc/

This is what I understood from it:

(1) If I file for divorce now, and I receive my green card before the divorce is finalized, then I should be fine. No reason to let USCIS know about the pending divorce since the actual divorce would go into effect after the date my permanent green card was approved. Right?

In response to your point (1) above, I'm not sure that you are correct. Just read the below memo from USCIS dated April 2009. I believe if divorce has been initiated by either party while ROC is pending, you are REQUIRED to notify USCIS. This is how I interpreted it, and I'm certainly not a lawyer. This is 1 area where VJ members have NEVER been forthcoming or very clear. Nobody seems to know the answer, or not care to respond to people in need of information like yourself.

http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/2009/i-751_Filed_%20Prior_Termination_3apr09.pdf

[anjinsan 4]

In response to your point (1) above, I'm not sure that you are correct. Just read the below memo from USCIS dated April 2009. I believe if divorce has been initiated by either party while ROC is pending, you are REQUIRED to notify USCIS. This is how I interpreted it, and I'm certainly not a lawyer. This is 1 area where VJ members have NEVER been forthcoming or very clear. Nobody seems to know the answer, or not care to respond to people in need of information like yourself.

http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/2009/i-751_Filed_%20Prior_Termination_3apr09.pdf

As I predicted, only crickets from the VJ community. Doesn't SOMEBODY have some concrete knowledge on the above issue?!