Divorce and I-751

[tuckin14 58]

Mrs. Redtop and I have not lived together since her I-751 was filed 8 months ago, but neither of us has filed for divorce yet.

In a separate post I outlined the total lack of support she would have for her ROC.

I'm aware that you can file with a waiver if the divorce is final, and also that USCIS will sometimes grant a continuance if a divorce is pending.

So here are my questions:

1) If I file for divorce but I do not withdraw the I-751, how does that affect things? As things stand now, they will take up the matter sometime soon (I would think) and at that point they will review the evidence, find it lacking, and deny ROC. So lets say she gets a RFE or is called for an interview but now a divorce is pending. If the I-751 is still pending, if I haven't withdrawn it and we're not yet divorced, does she have any basis to withdraw it and say "Let's wait until my divorce is final and start over?"

2) Does a filing with a waiver have any different standards? I know a filing with a WAVA waiver has different standards, I think it gives a greater burden to the government to deny. Since she has nothing to justify the ROC (no cohabitation, no financial co-mingling, no pictures or love letters, no affadavits) will she have any better chance to get approved as divorced than as married?

3) I'm still trying to understand what happens if she's denied. The timeline after denial, and whether she can reenter the USA. As a Canadian citizen she could cross the border with impunity; if she is denied ROC would she lose her right to visit the USA as a tourist?

I know people here will tell me to let go of the anger and move on, but when she told me this week she was cancelling my health insurance, which costs her almost nothing and is my only source of health coverage, well, it did make me feel that i don't owe her anything more than the spite that she's showing toward me.

[Pitaya 2,577]

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