Can someone PLEASE answer this question?

[VanessaTony 3,567]

I have to note that you both keep focusing on what happens if my divorce is finalized before ROC approval. I know what steps need to be taken in that scenario (by the way Vanessa&Tony are correct). However, that is not my question. The one and only question I had was: "What (if anything) do I need to do if my USC wife files for divorce before my I-751 is approved?" Please assume divorce is not finalized before ROC approval, and I am not looking to file for naturalization. Thank you for all your input so far.

Yep sorry I was trying to clarify her previous points weren't correct

If you read the memo it explains how simply being separated or in divorce proceedings doesn't mean that you aren't eligible for a joint ROC petition. You can still have her go with you if she wants to attest to it being a good faith marriage that's just not working out. HOWEVER if she refuses to go to the interview (if you have one) or contacts USCIS and tells them she withdraws her support of the ROC application (basically withdrawing her signature on the form) then you'd need to change it to a waiver petition and then start divorce proceedings ASAP so you can get the decree.

It's unlikely given what you said that in that scenario (where you wife refuses to attend an interview or withdraws her support of the ROC application) that you would get the decree in the 86 days RFE period. At that point your ROC would be denied and you would go before an immigration judge. You would tell the judge that you're waiting for the divorce to be final and s/he would order the ROC on hold until you're able to provide the decree. That's about it.

Again, the only time you "need" to do anything is if your start divorce proceedings and your wife doesn't want to attend the interview, or withdraws her support of the ROC application. If she's willing to go to the interview you admit that divorce has been filed and they can either judge based on good faith marriage OR ask you to provide the decree when you have it and change to a waiver petition.

Hope that helps

[Sandra G. 5,057]

Vanessa&tony what you think is polite or not I don't give a damn.

I filed over 10,000 petitions in my life and I never had one single case denied then I don't think you are qualified to pass judgement or "correct" me.

Edited September 2, 2012 by sandranj

[VanessaTony 3,567]

Vanessa&tony what you think is polite or not I don't give a damn.

I filed over 10,000 petitions in my life and I never had one single case denied then I don't think you are qualified to pass judgement or "correct" me.

You didn't "reply" to me this time either. Online etiquette is obviously not your strong suit.

I never said they wouldn't be approved, I said it wasn't necessary to withdraw and refile when you simply need to write a letter asking for it to be changed to a waiver petition. There is a large difference between what you claim I wrote, and what I actually wrote.

Again, there is NO NEED to withdraw and refile, thus paying the $590 again. This is the dispute. You only need to write a letter asking for it to be changed to waiver filing, per the USCIS memo previously linked.

[Dave&Roza 748]