Before filling ROC we decided to be separated, but not divorce

[ohfoxy1980 0]

Hello people. I need some advice with my current situation. My visa status is still conditional together with my K2 and I need to file ROC

this coming January. But certain things happened and we decided to separate for awhile, but we dont want to file a divorce. He will stay where he is where we spent all our marriage life and I will be living out of state..together with my child, K2. I need to pull him off from school and enroll to the new state that we will be living.

My husband (petitioner) said that he will cooperate and still be involve with the process of the visa. I am just worried what if the Immigration finds out that I am no longer in that State that I used to live.. We will still have a joint bank account and everything else will remain other than that i have to moved out of this state for awhile. Thanks in advance for ur time to read and responses.

[GDS 13]

You need to, both, be married and living together, at the time of ROC APPROVAL (not merely as of the RoC filing dt), if not, then you will have problems at the time of filing for citizenship.

The RoC approval dt is the only thing relevant. Filing dt is moot.

If you divorce before approval, and RoC gets approved, then on citizenship filing application, you will need copy of divorce papers and from the date stated thereon, the officer will figure out divorce occured before approval and deem it approved in error.

Even if the date of divorce is "too soon" AFTER approval, you might still be in trouble, if the state you reside in requires say, for example, a mandatory separation period for a certain number of months before divorce, and the gap between approval and divorce is lesser than that period of time.

It will be the same, whether you file 3 or 5 yrs after the conditional GC.

EXPERTS, Please correct me if I am wrong.

Hello people. I need some advice with my current situation. My visa status is still conditional together with my K2 and I need to file ROC

this coming January. But certain things happened and we decided to separate for awhile, but we dont want to file a divorce. He will stay where he is where we spent all our marriage life and I will be living out of state..together with my child, K2. I need to pull him off from school and enroll to the new state that we will be living.

My husband (petitioner) said that he will cooperate and still be involve with the process of the visa. I am just worried what if the Immigration finds out that I am no longer in that State that I used to live.. We will still have a joint bank account and everything else will remain other than that i have to moved out of this state for awhile. Thanks in advance for ur time to read and responses.

[ceadsearc 516]

Why don't you want to divorce? Technically, you can file together if you aren't divorced yet but the burden of proof is on you to prove a legitimate marriage and living apart you'll likely be flagged for interview that both will have to attend. I'm not sure what will happen at that point when you tell USCIS you are separated but don't want to divorce, but surely they will ask why.

A divorce is really a safer option if you are certain you no longer wish to be together.

[bubbley 1]

I agree it's better to get a divorce then file a waiver rather than assuming that it will work out okay.

[Just2Wise 0]

I am sorry to say that some of the things you people write are hilarious..(My boss- who is a Notary- has been filing immigration paperwork for people for over 10 years, so I know a little about these things)

As long as your spouse will file the ROC with you you should be ok..As long as you have proof that you both had/have a life together then you should be ok...Only people who spark suspicion of business marriage are asked in for interview after filing ROC and they are the ones who have to worry about the things you are worrying about.

Your spouse is willing to do this with you, he filed for you in the first place anyways, so if he is willing to file the ROC with you then go ahead and do your thing. If you get divorced there is a greater chance of your ROC being denied. Stay with your husband (even if you dont live together) and work out your problems and file your ROC together.

How does ROC filing affect citizenship? It will only affect it if you are applying for citizenship based on being married for 3 years. However, you can wait the 5 years and apply for citizenship on your own without your spouse after you both remove the conditions.

Hello people. I need some advice with my current situation. My visa status is still conditional together with my K2 and I need to file ROC

this coming January. But certain things happened and we decided to separate for awhile, but we dont want to file a divorce. He will stay where he is where we spent all our marriage life and I will be living out of state..together with my child, K2. I need to pull him off from school and enroll to the new state that we will be living.

My husband (petitioner) said that he will cooperate and still be involve with the process of the visa. I am just worried what if the Immigration finds out that I am no longer in that State that I used to live.. We will still have a joint bank account and everything else will remain other than that i have to moved out of this state for awhile. Thanks in advance for ur time to read and responses.

[VanessaTony 3,567]

I am sorry to say that some of the things you people write are hilarious..(My boss- who is a Notary- has been filing immigration paperwork for people for over 10 years, so I know a little about these things)

As long as your spouse will file the ROC with you you should be ok..As long as you have proof that you both had/have a life together then you should be ok...Only people who spark suspicion of business marriage are asked in for interview after filing ROC and they are the ones who have to worry about the things you are worrying about.

Your spouse is willing to do this with you, he filed for you in the first place anyways, so if he is willing to file the ROC with you then go ahead and do your thing. If you get divorced there is a greater chance of your ROC being denied. Stay with your husband (even if you dont live together) and work out your problems and file your ROC together.

How does ROC filing affect citizenship? It will only affect it if you are applying for citizenship based on being married for 3 years. However, you can wait the 5 years and apply for citizenship on your own without your spouse after you both remove the conditions.

A NOTARY?! Like that means anything. A Notary is just someone who witnesses signatures :S

They will be living apart. They can't lie about living apart. they will need to show evidence of co-mingling, including residence, and living apart will raise questions.

There is no "greater chance" of having ROC denied by being divorced.

ROC filing will affect citizenship if they determine at any stage that they lied to get approval. So if they pretended to be together to get ROC approved then they could be suspected of misrepresentation.

Here is the memo on ROC and separation: http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/2009/i-751_Filed_%20Prior_Termination_3apr09.pdf Bottom of page one talks about what happens if you're separated but not divorced yet. Basically they'll ask for the decree (in most cases).

Better to file for divorce if that's where it's heading. He can write an Affidavit to support your waiver, stating the marriage was entered into good faith but just didn't work out. It's the best option, no risk of them thinking the OP lied at any stage.

[ceadsearc 516]

I am sorry to say that some of the things you people write are hilarious..(My boss- who is a Notary- has been filing immigration paperwork for people for over 10 years, so I know a little about these things)

As long as your spouse will file the ROC with you you should be ok..As long as you have proof that you both had/have a life together then you should be ok...Only people who spark suspicion of business marriage are asked in for interview after filing ROC and they are the ones who have to worry about the things you are worrying about.

Your spouse is willing to do this with you, he filed for you in the first place anyways, so if he is willing to file the ROC with you then go ahead and do your thing. If you get divorced there is a greater chance of your ROC being denied. Stay with your husband (even if you dont live together) and work out your problems and file your ROC together.

How does ROC filing affect citizenship? It will only affect it if you are applying for citizenship based on being married for 3 years. However, you can wait the 5 years and apply for citizenship on your own without your spouse after you both remove the conditions.

Your boss being a notary who files immigration paperwork (I don't even know what you mean by that, notaries witness signatures, not file paperwork), has nothing to do with you knowing about ROC. Yes, interviews often happen because of red flags or questions about legitimacy of marriage (not always, some are random), but if you don't see how a married couple living apart is a red flag, I don't know what to tell you other than go to the USCIS site and read the field adjudicator's manual.

The OP MIGHT be ok filing separately but it is a HUGE risk. USCIS allows for divorce provisions for a reason. They will almost certainly want to know why she isn't divorcing (benefits? What?) and that is risky. Her call, but don't give bad advice because a notary told you so.

Also, filing with a divorce waiver isn't risky if she has evidence she entered into the marriage in good faith. USCIS understands things happen. Following the normal steps in that case is best.

Edited December 14, 2012 by ceadsearc

[mary kate 0]

I'm not an expert, but from I understand is that you need to prove that your marriage was started in good faith, ergo that you did not plan on just getting married for a GC/citizenship. Sh*t happens and the immigration officers know that too. Am I wrong here? She could state in a cover letter for the application that they are currently separated for reasons A,B and C but are trying to work things out.

Again, I'm not an expert, and correct me if I'm wrong...

[ceadsearc 516]

I'm not an expert, but from I understand is that you need to prove that your marriage was started in good faith, ergo that you did not plan on just getting married for a GC/citizenship. Sh*t happens and the immigration officers know that too. Am I wrong here? She could state in a cover letter for the application that they are currently separated for reasons A,B and C but are trying to work things out.

Again, I'm not an expert, and correct me if I'm wrong...

They do, but that's also why they have the divorce waiver. It's one thing if they are trying to work things out and that's why they are separated but not divorcing (though that's hard to sell if they aren't in the same state), but if it is a matter of not wanting divorce to keep benefits or something else like that, it's not going to look nearly as good to USCIS.

[ohfoxy1980 0]

Thanks y'all for the responses. My friend who referred me to this site told me to file a divorce then apply for ROC. But at the moment, i dont have the job so how am i suppose to do a self filling. Thats the reason why my husband was considerate enough to say that he's going to help me althroughout the process. We got married in good faith, but certain things arent pretty at the moment, and so we both decided to have some time apart and at this point, i dont want to stay just bec of the papers, tho i think i am at risk

Thanks y'all for the responses. My friend who referred me to this site told me to file a divorce then apply for ROC. But at the moment, i dont have the job so how am i suppose to do a self filling. Thats the reason why my husband was considerate enough to say that he's going to help me althroughout the process. We got married in good faith, but certain things arent pretty at the moment, and so we both decided to have some time apart and at this point, i dont want to stay just bec of the papers, tho i think i am at risk

[ceadsearc 516]

I'm not sure what you mean by supporting yourself for a self filing. You don't have to prove income at ROC like you do when getting the initial GC. Your spouse can still support you if he wishes even if you are divorced (lots of people do, it's called alimony!). You don't have to get divorced, obviously, but if the marriage is definitely done and that is the end goal it may be easier for USCIS purposes to at least get the process started.