Separation before AOS approved

[strangerr 0]

Hi I currently have a conditional green card, I have been separated with my wife since 2 months after marriage and my CGC was approved without an interview while we were separated, we got divorced recently, it was her who didn't want to stay married( she filed for divorce) we haven't been in touch for a long time, over a year now, I would want to stay with her or at least stay friends but she doesn't have feelings for me anymore and said we're so different and incompatible...

Anyway, can I file for ROC waiver at anytime before the CGC expired or do I have to wait for 90 before it expires?

What are my chances of getting approved since I almost have no evidence of relationship after marriage? has anyone been in my shoe?

We had good evidence before marriage obviously since we got approved without an interview.

In case I need a lawyer, do you guys recommend any good lawyer?

Your help is highly appreciated

[VickyP 34]

I am sure that you can apply for the ROC waiver but if it will get approved is always the question.

Do you have prove that you tried to work things out, for example letters, mails, affidavits etc?

Do you have a good job here? Why didn't you go back to greece in the first place? I really don't mean it bad or mean it's just I am always putting myself in others peoples shoes and I know that if it wouldn't have worked out with me and the hubby I would be back in Germany/Greece already...wouldn't have to think twice about that!

[strangerr 0]

I am sure that you can apply for the ROC waiver but if it will get approved is always the question.

Do you have prove that you tried to work things out, for example letters, mails, affidavits etc?

Do you have a good job here? Why didn't you go back to greece in the first place? I really don't mean it bad or mean it's just I am always putting myself in others peoples shoes and I know that if it wouldn't have worked out with me and the hubby I would be back in Germany/Greece already...wouldn't have to think twice about that!

Thanks for your reply. I have emails from her saying that we are different and we are over and that she wants us to move on.... We had a great love story that's why it wasn't easy just to leave as soon as we're separated! I don't know why she changed like that and still can't believe it to be honest, but now that I look back at it I just feel that I wasted more than 2 years of my life, I have a good part time job for now and I'm supposed to be working full time soon, I understand what you mean but I left everything I was doing back there and came here for her!

[VickyP 34]

Do you still have family in or around Greece? Do you have relatives here in the US? Since my parents are from Greece and I was born and raised in Germany I know how it feels when all of a sudden you are all by yourself without your family and support around you! Seriously since you are describing that your marriage was entered in good faith, you will find you way

around and yeah the ROC waiver would be the way to go!

I would put everything together that shows your relationship with you ex from before, during an after the relationship! Put emails, letters, pictures etc together!

Let friends and family write affidavits and if you have a good relationship to her family, let them help you with affidavits too!

Edited November 28, 2013 by VickyP

[NigeriaorBust 4,087]

You could file for the waiver and are supposed to within 90 days of the divorce. You are probably going to have a hard time as you didn't stay together and even through you were technically married when the 2 year card was approved you weren't in a viable marriage. You will need everything you have to show you had a valid marriage.

[Brian1967## 119]

OP in order to have conditions removed you must be able to prove bona fide marriage. Two key things USCIS will look for is co-mingling of funds (joint bank accounts, joint credit card statements). Also comingling of property (any contracts signed by you and your now ex (apartment lease, if you bought anything together) if you do not have these will then sorry you more than likely are out of luck. You will have to explain yourself at the interview for everything.

If you have copies use the ones from the conditional application, if you do not have copies of this paperwork the fastest way to get copies of these items is to make a info pass appointment and ask the desk clerk for a FOIA request form and fax your request into the USCIS office and be sure to check the expedited service box. Also they may RFE you for more recent copies and you may have to approach your ex for these things.

FOIA...Freedom Of Information Act be sure to fill out the request properly and do not forget to sign it:) if you need help ask the desk clerk at USCIS for help.

Good luck and you must apply to remove conditions 90 days before your green card expires.

[strangerr 0]

Thanks for your replies guys

[strangerr 0]

OP in order to have conditions removed you must be able to prove bona fide marriage. Two key things USCIS will look for is co-mingling of funds (joint bank accounts, joint credit card statements). Also comingling of property (any contracts signed by you and your now ex (apartment lease, if you bought anything together) if you do not have these will then sorry you more than likely are out of luck. You will have to explain yourself at the interview for everything.

If you have copies use the ones from the conditional application, if you do not have copies of this paperwork the fastest way to get copies of these items is to make a info pass appointment and ask the desk clerk for a FOIA request form and fax your request into the USCIS office and be sure to check the expedited service box. Also they may RFE you for more recent copies and you may have to approach your ex for these things.

FOIA...Freedom Of Information Act be sure to fill out the request properly and do not forget to sign it:) if you need help ask the desk clerk at USCIS for help.

Good luck and you must apply to remove conditions 90 days before your green card expires.

We had a joint bank account but won't be able to get a statement with how much was in it because it was closed shortly but I have a letter that has both of our names on it.

What if i can get an affidavit or letter from one of her parent saying that I entered the marriage in a good faith but it just didn't work out. would that help me get approved even if I don't have evidence?

They might RFE me for more recent copies of what? you mean when I submit FOIA request or when i file for ROC ??

Can I get the FOIA form online and then fax it to USCIS or do I have to make an Info pass appointment? the reason I'm asking because it's really far from where I live

[Brian1967## 119]

OP... I had no idea you split after two months of being married #######..... You are in for a really rough time and I mean a really hard time

I said submit the request for any forms you might need to submit for ROC to USCIS

and yes you can get the form online and there are letter templates to use also, fax number is online.

I repeat you must be able to show proof of bona fide marriage which it sounds like you have none of

You may or may not need a lawyer and I will not endorse a lawyer on this website or thru the message system.

Get the letter from her parents and why not ask if you can get one from her also, but either way you are in for a rough go of it. Good Luck you will need it

I will tell you blunt USCIS will say you stink of frau, even though your intensions may have been the best.

[Darnell 8,479]

OP - I know you just created this VJ account recently,

but

your missive sounds familar, another missive exactly the same, within the last 30 days here.

For your point #3 - you'll have to generate evidence of a bonafide marriage.

[strangerr 0]

OP - I know you just created this VJ account recently,

but

your missive sounds familar, another missive exactly the same, within the last 30 days here.

For your point #3 - you'll have to generate evidence of a bonafide marriage.

What other missive?

[Ontarkie 14,449]

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