ROC after divorce

[Em2013 1]

Dear all,

I hope you can help me with your insight.

I am on a conditional green card and I recently finalized my divorce. I am not sure how to move forward.

My ex and I are on good terms but I am still supporting her by paying her rent.

We did not file any taxes together because she did not want to.

We have bank accounts together, same health insurance and 3 leases with our name, gym membership, pictures and testimonials from close friends.

Also I am still on good terms with her family, and I have written her multiple lets of support.

I want to know how to move forward removing my conditions. Should I ask her to sign the papers? She does not mind.

Or should I petition myself?

And what are the risks of having her sign my papers? can they ask for us to be interviewed again? We live in different states now.

Thank you

[aleful 1,905]

hi

she is not your wife anymore, so now you have to remove conditions on your own as divorced, she cannot sign the i751 as there is no marriage and co mingling of finances and you don't live under the same roof

you will have to prove that you entered in a bona fide marriage

[Em2013 1]

Ok. But I heard that she can still sign as she petitioned me in the first place and did not withdraw her petition.

Also when I had a free consult with an immigration lawyer, he told me that she can still sign the documents. So I wanted to know if any one has done that and if it was of any help.

[aleful 1,905]

hi

what do you mean? did you already send the i751? and divorced later?

because if you haven't removed conditions yet she cannot sign for you, you have to remove conditions as divorced and send a copy of your divorce decree

what documents? there are no documents to sign, just the form and evidence of bona fide marriage

[Em2013 1]

hi

what do you mean? did you already send the i751? and divorced later?

because if you haven't removed conditions yet she cannot sign for you, you have to remove conditions as divorced and send a copy of your divorce decree

what documents? there are no documents to sign, just the form and evidence of bona fide marriage

Yes I meant the I751. She can't still sign in even if we are on good terms?

hi

what do you mean? did you already send the i751? and divorced later?

because if you haven't removed conditions yet she cannot sign for you, you have to remove conditions as divorced and send a copy of your divorce decree

what documents? there are no documents to sign, just the form and evidence of bona fide marriage

Yes I meant the I751. She can't still sign in even if we are on good terms?

No I did not send in anything yet. I just recently got divorced and so I started pursuing the ROC.

Thank you

[Cheezees 1,514]

If she signs the I-751 form indicating that you two are married and it is a joint petition, but you are in fact divorced, that is a blatant and willful misrepresentation of the relationship. You would be committing immigration fraud. When you sign the form, you are agreeing that the information therein is true. USCIS does not care if you and your ex are still on good terms.

Tell that lawyer to shove it and never ever listen to them again. Why do you believe when you already know that there is an option for divorced individuals, that somehow you get to lie and bypass that process?

Edited November 23, 2015 by Cheezees

[Em2013 1]

That is why I was confused. I honestly didn't understand his point of view. So thanks for clarifying that.

[firebird00 66]

She can not sign on the I-751 after you both are married, she has nothing to do with you anymore. You can file to remove conditions by yourself with divorce waiver.

[Em2013 1]

Thank you. Do I need a lawyer to do that? Or is it possible to prepare and file on my own ?

Thank you. Do I need a lawyer to do that? Or is it possible to prepare and file on my own ?

[aleful 1,905]

hi

as everyone has said, she has nothing to do with you anymore, immigration doesn't care that you are in good terms

run from that lawyer that doesn't have a clue, you will get in deep trouble as you aren't married to her anymore, you cannot lie

[firebird00 66]

Thank you. Do I need a lawyer to do that? Or is it possible to prepare and file on my own ?

Thank you. Do I need a lawyer to do that? Or is it possible to prepare and file on my own ?

You can file on your own, but it's better to get a lawyer, a good one unlike the one you gave you that weird advice. Collect evidence of good faith marriage and file for ROC with divorce waiver. Which state are you in?

[Em2013 1]

Maryland

[firebird00 66]

Maryland

How long you stayed married and living in same house?

[Em2013 1]

A year and 9 months

[firebird00 66]

A year and 9 months

that's good you should have enough evidence for a good faith marriage. Even if your waiver was denied you will still have another chance with the immigration judge. Good luck!