Complicated situation

[Constantine1234 1]

Hi! Me and my wife had our interview last month with no on the spot decision. Its been a month, and no response yet from uscis..however, our relationship is close to separation because of complicated situation If we divorce while my i-751 is pending, how does it work?

[ManCharsey 254]

Since you have already had your interview, then most likely any new developments after the interview won't influence the adjudication of the ROC.

[Constantine1234 1]

Thanks! It will just be a big problem if they want a second interview if we divorce already huh? But divorce usually takes 6months right?

[ManCharsey 254]

Actually the divorce itself won't be a problem even if you have a second interview (which is very unlikely) as long as you are able to prove that you entered the relationship/marriage in good faith and that things just did not work out (relationships and marriages break down every day and USCIS knows this). So while a second interview is highly unlikely, even if you get to that stage just have proof that your marriage wasn't only to obtain immigration benefits but actually entered on good faith and things just didn't work out between you two. But I don't think you should be worried about all that as you surely would be fine. Just call USCIS, talk to a tier 2 person and inquire about the status of your case.

[Constantine1234 1]

Thanks so much!! Coz i heard that divorce is not considered a divorce until i have the papers. So that means both of us still need to show up if theres a second interview? And i called to inquire and they said that they dont have the timeframe for our case..do u think i need to contact the co gressman already since its been a month after the interview..

[ManCharsey 254]

No for ROC, you don't necessarily need your spouse to lift the conditions. I don't know why you think you might have a second interview though (as I stated, it is very unlikely) and also remember that they are back logged in their cases and the weather isn't helping matters too. Lots of people are experiencing delays. I know a month and a half is quite long but try to talk to a level 2 agent, they have more wider access to your case than the customer service reps. If you submitted everything required for the ROC and the interview you had also went down good, I don't think you should have any reasons to be concerned. You will be perfectly fine :-)

[Constantine1234 1]

Actually i already spoke with the level 2 and they told me that they cant give us a timeframe for now. Im concerned about a second interview because uscis messed up. When we went to the office for the interview, the officer told us that uscis should relocate us to the local office since we changed our address already. But she still interviewed us. After the interview, she said that she cant make a decision because she doesnt have the jurisdiction, that she has to forward our files to the local office. After one month, level 2 said that they cant give a timeframe for now.

[ManCharsey 254]

Ok that's messed up. I hate to say this but I guess win these developments you probably have to wait a little but still try to get in touch with them periodically to know if anything has changed regarding your case. I wish you the best of luck!