ROC with Waiver

[Guy In Michigan 0]

I have two questions regarding ROC with Waiver, but first here is my story:

I met her on 09/11 at Philadelphia Airport and we fell in love with each other. I traveled several times to visit her and we got married in PA in 12/11 (then she lived in PA and I in Indiana), the original plan was for me to get a job in the east coast once I graduated from my Masters in 05/12 and move in together.

I never received a Job offer in the east coast but instead I got great one in MI in 03/12. We travel together a few times to Niagara Falls NY, D.C., she went to IN for my graduation on 05/12 and we visited her father in WI on 11/12.

We moved to MI (I in 06/12 and she following in 07/12 once her Job contract was finished in Philly).

Unfortunately we don’t think anymore that there is not a “long term” together and we are entering divorce procedures.

And now I am not only putting together documents for divorce but also started thinking on compiling a folder for the ROC with waiver.

Here is the detailed timeline.

09/11 We met IN Philly (where she lived)

12/11 We got married in PA

03/12 I received a job offer in MI

04/12 We applied for the AOS

06/12 We received interview notice (to interview in IN, where I lived)

06/12 I moved to MI and updated address to USCIS

07/12 She moved to MI and updated address to USCIS after her job appointment ended and has had no job ever since.

07/12 Our interview was cancelled

07/12 We received another interview notice (in MI where we live now)

08/12 We had our interview in MI (passed): We provided further information showing that both of us moved to MI due to my job offer (joint lease, joint health insurance some utility bills on both of our names)

09/12 I got my Green Card

02/13 We have had some problems in our relation to the point that we have been talking about divorce in several opportunities. We also had a few appointments at a marriage counselor to try to save our marriage.

03/13 I met with a divorce lawyer and unfortunately think the divorce is the best for both of us in the long term.

1. Do I need to file the waiver as soon as my divorce decree is final or should/can I wait until my Green card is about to expire on 09/2013?

2. What else should I include in my ROC and waiver folder, this is list of documents I have so far:

• 2012 Joint Apartment Lease (Original, Copy)

• 2012 Joint Health Insurance Printout from her work

• 2012 Joint Health Insurance Card (mine and hers) from my work

• 2013 Joint Health Insurance Card (mine and hers) from my work

• 2011 Joint Federal Taxes

• 2012 Joint Federal Taxes

• 2012 Joint PA Taxes

• 2012 Joint MI Taxes

• 2012 Joint Accident Insurance (through my job)

• 2012 Joint Life Insurance through my work (for me showing her as Beneficiary)

• 2013 Joint Accident Insurance (through my job)

• 2013 Joint Life Insurance through my work (for me showing her as Beneficiary)

• 2012 Q2 401k Statement form my work showing her as my beneficiary

• 2012 Q3 401k Statement form my work showing her as my beneficiary

• 2012 Q4 401k Statement form my work showing her as my beneficiary

• 2012-07 Joint Energy Utility Bill in MI

• 2012-08 Joint Energy Utility Bill in MI

• 2012-09 Joint Energy Utility Bill in MI

• 2012-09 Joint Energy Utility Bill in MI (for some reason they billed us twice different charges)

• 2012-10 Joint Energy Utility Bill in MI

• 2012-11 Joint Energy Utility Bill in MI

• 2012-12 Joint Energy Utility Bill in MI

• 2013-01 Joint Energy Utility Bill in MI

• 2013-02 Joint Energy Utility Bill in MI

• 2013-03 Joint Energy Utility Bill in MI

• 2012 Second semester Joint Car Insurance

• 2013 First semester Joint Car Insurance

• 2012-01 Joint Checking Account

• 2012-02 Joint Checking Account

• 2012-03 Joint Checking Account

• 2012-04 Joint Checking Account

• 2012-05 Joint Checking Account

• 2012-06 Joint Checking Account

• 2012-07 Joint Checking Account

• 2012-08 Joint Checking Account

• 2012-09 Joint Checking Account

• 2012-10 Joint Checking Account

• 2012-11 Joint Checking Account

• 2012-12 Joint Checking Account

• 2013-01 Joint Checking Account

• Payment agreement of medical bills (3 different doctor) of her in MI in which I am responsible of the payment

• 2012-11 Her temporary MI driving license showing our joint address (she is learning how to drive now)

• 2012-07 My MI driving license showing our joint address

• Very few pictures together at different occasions (not many because she doesn't like pictures)

• Divorce Decree (once the divorce is final)

• Would it help to show that I have paid alone all of our living and medical expenses alone? (including installments for her student loans)

Thanks so much for your guidance through this process.

[Guy In Michigan 0]

I am sorry for the huge posting, I promise my future posting will be very short.

[Villanelle 4,122]

You most likely will be called in for a ROC interview and not approved for ROC with out the interview.

Im saying this because- your first AOS interview was rescheduled (because it was scheduled for IN and you 'moved'- OK) Your second AOS interview was rescheduled/cancelled 7/12 (no reason provided). You finally AOS'd on your 3rd interview.

6 months after you got your GC you filed for divorce from your spouse. Its very suspicious. It can appear you were stalling for the interview because your relationship was not genuine, your GC was granted and then promptly you terminated the marriage. Of course thats not the case, but on paper it can appear that way, so you will be assigned a high fraud level and most likely will be interviewed before your ROC is approved.

Youre going to want to submit as much evidence as you can.

When you file with a divorce waiver you file as soon as you get the final divorce decree. If your 90 day window comes up and you do not have the divorce decree (which most likely wont apply because you are so far from your window) you would submit the form and check off divorce and fail to include the divorce and be RFE'd for it. They would request it, you would say its not final yet- it gets complicated- it ends up going to the immigration judge who usually orders you to present it in X numbers of days. But again, this wont apply to you because you are so far from the window.

You can look through the ROC threads for things others have submitted but it seems like the only things you are missing are affidavits from people who knew you to be a legitimate couple and misc evidence like phone bills showing calls to each other or a family plan and memberships (costco, health clubs,) junk mail, mag subscriptions. Misc proof that you lived as a couple and had a legitimate personal relationship. Christmas cards, Valentines cards to each other. Photos. Vacation receipts. Moving receipts.

[Guy In Michigan 0]

Thanks so much Capri for your comment.

Just to clarify Regarding the interview, there were only two interviews, the first one was rescheduled because we moved and we were AOS'd on our second interview. I would assume the risk would be lower but not enough to decrease the fraud risk level, right?

To further support the application, I have all our email, text and call history since maybe March 2012 (both of us use google-voice ). Since none of use have/had land-line this could be pretty large (at least a few texts, a few calls and a few emails per day).

Would it help to show that I have paid all of our living and medical expenses by myself? (including installments for her student loans)

[N-o-l-a 7,168]

Would it help to show that I have paid all of our living and medical expenses by myself? (including installments for her student loans)

I'm going to say no. It might seem a little like you paid her off to marry you. Be honest with everything you provide, but that in and of itself is not beneficial to your case.

[Gary and Alla 3,694]

I am sorry for the huge posting, I promise my future posting will be very short.

So the rules about ROC with divorce are fairly simple. IF you have a final divorce you file with a waiver. If your divorce is not final, you do not.

The items you list are fine, too much actually. The most recent of any of those things are all that is needed. They do not need to see 2 years of quarterly statements, the most recent one is fine. Two years taxes is good.

USCIS does not care so much that you are living happily ever after, they DO care if you are married or not. I would suggest you either

1. Get the divorce finalized and file with a waiver in before September of this year OR

2. Wait until after the ROC is complete for any divorce. Is that fraud? Nah. People talk about divorce, make up and eventually get divorced all the time for various reasons, perfectly normal. USCIS is not privy to your personal conversations or future plans.

It is very unlikely you will have an interview for ROC. Just not happening right now. Could change but I doubt it, given the general happenings in the world of immigration.

Be aware that the ROC process is currently taking 10-11 months with some people becoming eligible for citizenship during the process and actually filing an N-400 before they get their renewed green cards. If you go with option 2, you and your wife could reasonably expect to be married for until at least this time next year.

If that is not satisfactory, then get the divorce over with (FINAL) BEFORE your green card expires.

There is no requirement to file the ROC 3 months in advance, it should be filed before the green card expires. Even if it is a little late you can attach an explanation and if that explanation is that you were waiting for a finalized divorce, you will be fine.

In other words...you have some time to sort this out and decide.

[Harpa Timsah 13,258]

I think your dates are off. If you got your GC in 2012 then it expires in 2014, not this year.

According to your timeline, you only managed to live together about 6 months before wanting to divorce. Four months after you got your GC. All of you "paperwork" compared to the time you actually lived together makes it seem like a paper marriage, not a real marriage.

[Gary and Alla 3,694]

I think your dates are off. If you got your GC in 2012 then it expires in 2014, not this year.

According to your timeline, you only managed to live together about 6 months before wanting to divorce. Four months after you got your GC. All of you "paperwork" compared to the time you actually lived together makes it seem like a paper marriage, not a real marriage.

all good points. Yes, his green card would expire in 09/2014 not this year. I did not focus on the timeline vs. what was posted. It can make a difference based on how long you were together after the green card was received and when you filed divorce.

Joint checking accounts mean little, you do not have to be married to have a joint account. That said, 3 months recent statements are plenty. Joint insurance is probably better evidence. If you have a joint account and the balance is near -0- OR if the account is merely used to pay living expenses that either of you would have anyway...it really means nothing.

OP...I respond based on merely what the law is regarding filing ROC. Each case is individual and I make no judgments.

[Guy In Michigan 0]

I'm going to say no. It might seem a little like you paid her off to marry you. Be honest with everything you provide, but that in and of itself is not beneficial to your case.

Thanks for your comment Nola123, I think it makes total sense, I don't want to give the wrong idea that I paid her to marry me.

[Guy In Michigan 0]

all good points. Yes, his green card would expire in 09/2014 not this year. I did not focus on the timeline vs. what was posted. It can make a difference based on how long you were together after the green card was received and when you filed divorce.

Joint checking accounts mean little, you do not have to be married to have a joint account. That said, 3 months recent statements are plenty. Joint insurance is probably better evidence. If you have a joint account and the balance is near -0- OR if the account is merely used to pay living expenses that either of you would have anyway...it really means nothing.

OP...I respond based on merely what the law is regarding filing ROC. Each case is individual and I make no judgments.

Hi Gary and Alla,

Thanks so much for your comment. I will try to simplify the documents I send I.E. Only the last Joint account statement to show that the account we show when we applied for the AOS is still open.

[Gary and Alla 3,694]

Hi Gary and Alla,

Thanks so much for your comment. I will try to simplify the documents I send I.E. Only the last Joint account statement to show that the account we show when we applied for the AOS is still open.

What I did for ROC was to attach 3 most recent statements for our joint account and a copy of the bank letter I used for the original AOS. Same account, and that letter stated when she was added to the account.

FWIW we have one joint account used for bills and we each have separate accounts also. Not a problem.