ROC during divorce

[missicy 87]

Hi everyone, I am asking this question for a friend. His wife immigrated to the US through marriage to him and now has a 2-year GC. They have decided to go their separate ways and filed for divorce. She is thinking about staying here and removing conditions. Their divorce might not be final by the time she has to file for ROC. My question is: do they file jointly since they will still be legally married and then change the application to divorce waiver when they receive a divorce decree (and how do they go about doing that?) or does she file with a divorce waiver even though her status will still be 'married' at the time of filing?

Thanks and have a great week, everyone!

[newacct 688]

When she's in the 90-day window, she should file by herself, checking the divorce box, and then they will give her an RFE giving a certain amount of time to submit the divorce decree.

Edited October 8, 2013 by newacct

[Navyk 78]

Hi everyone, I am asking this question for a friend. His wife immigrated to the US through marriage to him and now has a 2-year GC. They have decided to go their separate ways and filed for divorce. She is thinking about staying here and removing conditions. Their divorce might not be final by the time she has to file for ROC. My question is: do they file jointly since they will still be legally married and then change the application to divorce waiver when they receive a divorce decree (and how do they go about doing that?) or does she file with a divorce waiver even though her status will still be 'married' at the time of filing?

Thanks and have a great week, everyone!

File within 90 days before GC expiry date or on receipt of receiving divorce decree, which happens first. Meanwhile if US Spouse is co-operating, then get all the evidence ready. Yes, can file as still married, if they are not yet separated and living together and have mutual co-operation if the divorce decree has not been received before the 90 days window but will have to submit the divorce decree and explain the situation, as soon as the divorce decree is received.

The most important thing is to gather all the evidence while the USC is co-operative and you can review/ discuss again just before the 90 days window regarding how best to file.