Migrate to H1B?

[Random876981 0]

Hi, I am right now with a CR1 trough marriage, I married in july 2012 and my poe date was in september 2012.

Right now I'm in a difficult situation and possibly she will start filing for a divorce soon.

Is there a way to migrate to an H1B visa instead of going trough ROC?

If i go trough ROC what are my chances? i only have this documents:

(401k she as beneficiary,

bank joint account,

apartment rent on both of our names,

house insurance both our names,

gas and electric on her name,

internet on my name,

trip to bahams in a cruise for new year pics and receipts,

lots of pictures from our trips,

car insurance on my name bc she has her license suspended for DUI,

2 iphone receipt on my name, but att service for both lines is on her name,

couple therapy documents,

2 friends affidavits, one from usa and one from my country,

even a sex tape <- i dont think this is even legal to show)

I dont have:

(tax returns - was not working yet to file,

credit cards,

car is only under my name,

no loans)

I know that if i join the army ASAP before getting divorce the army would be able to ROC and even get me the citizenship,

but i have a nice job right now and the army salary is no good.

How many people apply to ROC after divorce and they are approved, is really hard, or 50/50?

Any comments please?

[Harsh_77 718]

From your post it just seems you are desperate to get GC and Citizenship, could it be the marriage was for the same purpose and did no work?

If you were married in July 2012 means you came to US in Sep 2012 and first week of Feb 2013 you are in limbo that your wife would file for divorce, so you looking for other avenues.

Edited February 5, 2013 by Harsh_77

[Darnell 8,478]

if you currently have green card, a 2 year card,

you can ROC on your own after the divorce.

study the ROC form, there's a tickbox for divorce.

The onus is on you to furnish bonafide marriage evidence - bear that in mind.

there's also timing issues with filing the ROC, as well.

[hellomms 16]

From your post it just seems you are desperate to get GC and Citizenship, could it be the marriage was for the same purpose and did no work?

A very strange and crude comment. OP wants a GC and/or Citizenship, just like everyone else on this forum does. The difference here is that the OP doesn't know that he can get a GC even after getting a divorce by filing for Waiver. I am sure you wouldn't have liked to be judged, so why judge others.

@OP - your evidence is fairly good and on par with others, you need to apply for ROC with Waiver (since you are getting divorce), no need for your to look for other avenues. If your divorce ends with good terms with spouse, get a letter from her stating that the marriage was in good faith. Tax transcripts are one of the main evidences that gets reviewed during ROC, and its OK if you didnt work but your spouse should have files it as 'Married' and therefore can be used as an evidence.

[Random876981 0]

From your post it just seems you are desperate to get GC and Citizenship, could it be the marriage was for the same purpose and did no work?

If you were married in July 2012 means you came to US in Sep 2012 and first week of Feb 2013 you are in limbo that your wife would file for divorce, so you looking for other avenues.

Everything went so fast, because she was living in my country for 2 years, i met her and we date for a year, then she has to come back and so we could stay together we filed for DCF, long story shor I dont have where to return in my country because I sell what i have there so we could buy stuff here, so going back it would be realy difficult.

But you are right, it seems fishy even to me, that's why i put my marriage date in my post, and I aprreciate that comment so I could elbaorate better my case.

I really dont care about the citizenship, i just want to keep my greencard. And of course I feel desperate, how you would feel if you dont know if in one year you would not be able to keep your apartment, your car, your stuff.

[Random876981 0]

A very strange and crude comment. OP wants a GC and/or Citizenship, just like everyone else on this forum does. The difference here is that the OP doesn't know that he can get a GC even after getting a divorce by filing for Waiver. I am sure you wouldn't have liked to be judged, so why judge others.

@OP - your evidence is fairly good and on par with others, you need to apply for ROC with Waiver (since you are getting divorce), no need for your to look for other avenues. If your divorce ends with good terms with spouse, get a letter from her stating that the marriage was in good faith. Tax transcripts are one of the main evidences that gets reviewed during ROC, and its OK if you didnt work but your spouse should have files it as 'Married' and therefore can be used as an evidence.

Yeah she told me she will file as Married because she wants a bigger tax return, but how i could get that tax return?

I dont think she will be able to write that letter for me because she is so mad that she said once that she will sent me back to my country and will not help me.

[Darnell 8,478]

you can get a tax transcript of that tax return , from the IRS, about 6 weeks to 10 weeks after she actually files the tax return.

Since you won't be living at the same address, suggest you go in person to the IRS, wait for the printout at the office.

Edited February 5, 2013 by Darnell

[Gosia & Tito 199]

Yeah she told me she will file as Married because she wants a bigger tax return, but how i could get that tax return?

I dont think she will be able to write that letter for me because she is so mad that she said once that she will sent me back to my country and will not help me.

People say a lot of things when mad.

That said, and assuming there is no possibility of saving the marriage (not because of the green card, but the comment about her wanting a lower tax seems to indicate that she has financial objectives), a marriage is a costly matter, and not because of the filings. It might be best that the two of you get together, with an advisor if possible to draft a separation agreement, which would then be file together with the divorce. It is absolutely better to go to the court with a proposal and avoid endless disputes.

This year tax will have to show status as married, even if filed separately. Though there is a comment that she want to file as married. As for getting your portion of the taxes, that is where the separation agreement comes in; you can estimate a % that corresponds to each one, based on contributions or any othe way you wish.

As for ROC, you can file on your own, as others have noted; but you will have to prove beyond doubts that it was bona fide. As others have noted, you have good evidence, but the dates of marriage and potential divorce will be suspicious and you will have to overcome that.

One underlying question is, Why would she be so mad? (as you note in a comment). The question is really more for you. If you feel it can help to bring a better advice, post it. FOr example -and not saying is your case- if you have reunited with an old flame residing in the US; that will not be look very good. Put yourself in the shoes of the IO, it's not unheard of that one of the people in a marriage goes to big efforts to get the other one mad and upset to the point of wanting a divorce; then this same person could claim that he/she was not the one asking for a divorce and would represent he/she is the 'victim'

[Harsh_77 718]

A very strange and crude comment. OP wants a GC and/or Citizenship, just like everyone else on this forum does. The difference here is that the OP doesn't know that he can get a GC even after getting a divorce by filing for Waiver. I am sure you wouldn't have liked to be judged, so why judge others.

@OP - your evidence is fairly good and on par with others, you need to apply for ROC with Waiver (since you are getting divorce), no need for your to look for other avenues. If your divorce ends with good terms with spouse, get a letter from her stating that the marriage was in good faith. Tax transcripts are one of the main evidences that gets reviewed during ROC, and its OK if you didnt work but your spouse should have files it as 'Married' and therefore can be used as an evidence.

You can give your own advice no need to judge other ppls comment.

OP comes to US and within 3 months is looking for divorce ..... does sound out of place and looking to get GC / Citizenship thru other means too.

[Harsh_77 718]

Yeah she told me she will file as Married because she wants a bigger tax return, but how i could get that tax return?

I dont think she will be able to write that letter for me because she is so mad that she said once that she will sent me back to my country and will not help me.

It seems she was the earning member and she would file the tax return with her details than the return would go to her and she will get the check.

If you want a copy of the tax return you can get it from her.

[bewildering 9]

I really dont care about the citizenship, i just want to keep my greencard. And of course I feel desperate, how you would feel if you dont know if in one year you would not be able to keep your apartment, your car, your stuff.

You have a 2-year green card? And you got the green card in Sep. 2012?

Then you have until september 2014. You can't do anything until 90 days prior to your 2-year green card expiration date.

Your main problem is your marriage, not your green card situation. Have you tried marriage counseling? Good luck.

[Random876981 0]

@Gosia & Tito we went to a conseulor, I have documents about our appointments, she is so mad because she believe that I talk to much to my family back in my country(non sense stuff, she really turns crazy and start yelling out loud, anyway i feel like a prisoner)

@Harsh_77 is for 4 months not 3, and I'm not looking for a divorce, and i explained why I want to stay here.

@bewildering I understand that as soon as you got the divorce decree you are allowed to file, you dont need to wait till 90 days before your card expires.

I use to believe that the tax files were private, so i dont need her to retrieve the tax that she filed?

[Darnell 8,478]

if it is married-filing-jointly for tax status, then guess what?

that's YOUR tax return also.

two names, two people.

[Gosia & Tito 199]

@Gosia & Tito we went to a conseulor, I have documents about our appointments, she is so mad because she believe that I talk to much to my family back in my country(non sense stuff, she really turns crazy and start yelling out loud, anyway i feel like a prisoner)

@Harsh_77 is for 4 months not 3, and I'm not looking for a divorce, and i explained why I want to stay here.

@bewildering I understand that as soon as you got the divorce decree you are allowed to file, you dont need to wait till 90 days before your card expires.

I use to believe that the tax files were private, so i dont need her to retrieve the tax that she filed?

That is the strangest thing...but anyhow.

You do know that all 50 states are no-fault, correct? Meaning that there doesn't have to be a reason or fault for either one of the married couple to file for divorce, even when the other does not want it.

If marriage can't be saved (and it takes both to do that), then your best course of action is to move on. Ultimately, it comes down to demonstrate to USCIS that you were in the marriage de buena fe.

[Moomin 292]

You have a 2-year green card? And you got the green card in Sep. 2012?

Then you have until september 2014. You can't do anything until 90 days prior to your 2-year green card expiration date.

Your main problem is your marriage, not your green card situation. Have you tried marriage counseling? Good luck.

Not entirely true. If the divorce is final before OP has to renew greencard, then he is required to ROC. Divorce or renewal of greencard - whichever comes first. So if the divorce is finalized in less than a year from now, OP will need to submit ROC right after.