Divorce while case pending

[photomile 101]

Hello all,

Unfortunately my wife and I have decided to separate and divorce. Found out last night. However the I-751 case is still pending. I'm not quite sure what to do or how to continue to live in the US if that's even possible.

A few things that might help

1) The divorce filing has not yet been placed - we are amicably trying to settle assets before we do this to make the divorce process as simple as possible.

2) We have proof of attending marriage counselling efforts to show that this wasn't simply a green card marriage

Also we will be selling our home in a hot market, and it's likely that my address will change before the process completes.

We are June 1 2015 filers and so the case could be approved within a month or so based on current approval times. It may even be 'approved' before the Texas 60 day waiting period is over.

So that leaves me with some other questions;

What do I need to do right now?

If the divorce filing is made before the card is approved what do I need to do?

Or, if for example the card is approved in the next week, and we file for divorce a few days after, what do I need to do or report to the USCIS?

The marriage was legitimate, and this is a very difficult time. We have more than enough evidence to show it was a legitimate marriage and we tried to work through things (Insurance receipts are the evidence)

[photomile 101]

Uh sorry to do this, but... bump?

[Pitaya 2,577]

~Moved from ROC to Effect of Major Family Changes on Immigration Benefits Forum~

~Similar topics are often discussed at this forum~

[kkk1 42]

Hello all,

Unfortunately my wife and I have decided to separate and divorce. Found out last night. However the I-751 case is still pending. I'm not quite sure what to do or how to continue to live in the US if that's even possible.

A few things that might help

1) The divorce filing has not yet been placed - we are amicably trying to settle assets before we do this to make the divorce process as simple as possible.

2) We have proof of attending marriage counselling efforts to show that this wasn't simply a green card marriage

Also we will be selling our home in a hot market, and it's likely that my address will change before the process completes.

We are June 1 2015 filers and so the case could be approved within a month or so based on current approval times. It may even be 'approved' before the Texas 60 day waiting period is over.

So that leaves me with some other questions;

What do I need to do right now?

If the divorce filing is made before the card is approved what do I need to do?

Or, if for example the card is approved in the next week, and we file for divorce a few days after, what do I need to do or report to the USCIS?

The marriage was legitimate, and this is a very difficult time. We have more than enough evidence to show it was a legitimate marriage and we tried to work through things (Insurance receipts are the evidence)

As what I understood is you are talking about getting 10 years green card. If you suppose get 10 years green card before your marriage you don't have to notify anyone about your divorce. It will not affect your immigration status afterwards. Good luck.

[Elf 146]

Unfortunately my wife and I have decided to separate and divorce. Found out last night. However the I-751 case is still pending. I'm not quite sure what to do or how to continue to live in the US if that's even possible.

I'm sorry that your marriage didn't work out. Obviously this is a very difficult time, but I hope I can help to reduce your anxiety over this one issue: You can continue to live in the US, if you want to. Given that you can prove that your marriage was bona fide, you don't even need to worry too much about the effect that an impending divorce might have on your ROC.

On the subject of what you should do next, the guide here at VJ says

Q: We applied jointly to have the conditions removed, my US citizen spouse and I have since separated. Do I have to do anything?

A: The NSC Flash #19-2005 calls for the alien in such a case, to notify the NSC that he or she is currently separated by mailing an explanation to the NSC at PO Box 82521, Lincoln NE 68501-2521. The alien should also submit a change of address Form AR-11 within 10 days of a move. If there are pending immigration benefits, as in a petition in process, the alien should follow additional requirements for notifying USCIS of the new address.

Will your wife be willing to attend the interview with you, if you're scheduled for one? As I understand it (and someone please correct me if I'm wrong), if the divorce filing has not yet been made and she is willing to attend the interview with you, your ROC can be approved without a waiver even though your marriage may no longer be viable.

If the divorce filing has been made by the time of the ROC interview, or your wife is unwilling to attend the interview with you, you'll get an RFE for the final divorce decree. From USCIS.gov

If You Are In Divorce Proceedings But Are Not Yet Divorced

If you are still married, but legally separated and/or in pending divorce or annulment proceedings, and:

• You filed a waiver request. We will issue a request for evidence (RFE) specifically asking for a copy of the final divorce decree or annulment (if applicable).
• You filed a Form I-751 petition jointly. We will issue a request for evidence (RFE) specifically asking for a copy of the final divorce decree or annulment and a statement that you would like to have your joint filing petition treated as a waiver.

Upon receipt of the final divorce decree or annulment within the specified time period, we will amend the petition, to indicate that eligibility has been established for a waiver of the joint filing requirement based on the termination of the marriage.

There are more details in this 2009 memo.

If you are scheduled for interview, whether she attends or not, I would suggest simply being honest with the IO about your situation and presenting evidence that you both entered into the marriage in good faith and lived as a married couple until the decision to divorce. The USCIS understands that marriages sometimes break down despite the best efforts of both partners. It doesn't mean that you can't get your permanent green card, if you want to continue to live in the US. Someone posted on VJ just this morning about her successful ROC after divorce.

If you intend eventually to naturalize as a US citizen, you'll obviously no longer be eligible to file after three years, but I'm sure that right now that's the least of your worries.

[photomile 101]

This is perfect,

thank you. I'll try and answer a few things here for the benefit of everyone else

I'm sorry that your marriage didn't work out. Obviously this is a very difficult time, but I hope I can help to reduce your anxiety over this one issue: You can continue to live in the US, if you want to. Given that you can prove that your marriage was bona fide, you don't even need to worry too much about the effect that an impending divorce might have on your ROC.

On the subject of what you should do next, the guide here at VJ says

Will your wife be willing to attend the interview with you, if you're scheduled for one? As I understand it (and someone please correct me if I'm wrong), if the divorce filing has not yet been made and she is willing to attend the interview with you, your ROC can be approved without a waiver even though your marriage may no longer be viable.

My wife has said that she would be willing to attend the interview if we are called. We would be honest about the situation of course.

If the divorce filing has been made by the time of the ROC interview, or your wife is unwilling to attend the interview with you, you'll get an RFE for the final divorce decree. From USCIS.gov

There are more details in this 2009 memo.

Currently, it looks like it'll be about two months before she files. We attempting to settle finances mutually and amicably. Based on the current timelines I may be approved during that time.

If you are scheduled for interview, whether she attends or not, I would suggest simply being honest with the IO about your situation and presenting evidence that you both entered into the marriage in good faith and lived as a married couple until the decision to divorce. The USCIS understands that marriages sometimes break down despite the best efforts of both partners. It doesn't mean that you can't get your permanent green card, if you want to continue to live in the US. Someone posted on VJ just this morning about her successful ROC after divorce.

At this time, I do currently intend to remain in the USA. I've put down enough roots in three years that it seems to make sense. And absolutely to the honesty point. I would never lie to the USCIS no matter how damaging it might be to me.

If you intend eventually to naturalize as a US citizen, you'll obviously no longer be eligible to file after three years, but I'm sure that right now that's the least of your worries.

I understand that one, but I don't understand what I would need to do / communicate to the USCIS that we are divorced?

Thank you again for your help

[Nich-Nick 3,354]

It would be extremely rare to interview for ROC so the wife attending the interview is probably not something you will face. You will likely just receive a 10 yr card in the mail...maybe even before the divorce is filed.