Divorce before ROC

[rohanrob 10]

Hello Journey Members,

I have a situation going on and would like some guidance. I have been married since Jun 2014, I have my 2 year conditional resident green card. Currently my marriage is not working out before I found out my wife is cheating on me. This start of this year the relationship went downhill.

Together we file taxes for both years

She is on my Medical

We had a join account but had to close because she was not working

We went on a lot of trips and hotel getaways

We have a car and insurance in our name

The apartment lease was in our name

Now she is cheating on me and she doesn't want to sign the new lease. I do not want to continue this relationship because she has become a different type of woman.

If I Divorce her can I file for my 10 year green card in February by myself? (This is the earliest I can file)

Please let me know if you have any other questions. I want to know what to do before time catch up on me.

[Cheezees 1,514]

Yes. You can divorce and file with a divorce waiver on your own. Gather as much ROC evidence as you can. Since the final divorce decree would be needed later on to complete your application, I would suggest divorcing ASAP so by the time of your application (or when USCIS asks for the decree via and RFE), you would have it and it would be smooth sailing.

Good luck!

[Tanish 197]

Hello Journey Members,

I have a situation going on and would like some guidance. I have been married since Jun 2014, I have my 2 year conditional resident green card. Currently my marriage is not working out before I found out my wife is cheating on me. This start of this year the relationship went downhill.

Together we file taxes for both years

She is on my Medical

We had a join account but had to close because she was not working

We went on a lot of trips and hotel getaways

We have a car and insurance in our name

The apartment lease was in our name

Now she is cheating on me and she doesn't want to sign the new lease. I do not want to continue this relationship because she has become a different type of woman.

If I Divorce her can I file for my 10 year green card in February by myself? (This is the earliest I can file)

Please let me know if you have any other questions. I want to know what to do before time catch up on me.

I would suggest getting the proof that the reason for divorce was indeed the infidelity and was not Visa fraud.

Once you have the divorce based on infidelity, you can get a waiver based on divorce to not file for I-751 jointly.

Please refer to https://www.uscis.gov/sites/default/files/files/form/i-751instr.pdf.

Good luck.

P.S. Please proceed ASAP. How long do you have until your Conditional GC expires?

[Cheezees 1,514]

I would suggest getting the proof that the reason for divorce was indeed the infidelity and was not Visa fraud.

Once you have the divorce based on infidelity, you can get a waiver based on divorce to not file for I-751 jointly.

Please refer to https://www.uscis.gov/sites/default/files/files/form/i-751instr.pdf.

Good luck.

P.S. Please proceed ASAP. How long do you have until your Conditional GC expires?

1. USCIS does not care if your spouse was unfaithful or not. They are not in the business of marriage counseling or anything related to that. They simply do not care. What they do care about is that the marriage was entered into in good faith. So the OP needs proof of a bona fide marriage, not a "bona fide" divorce.

2. You can file for divorce even if the reason is not infidelity. "Irreconcilable differences" is good enough.

3. I agree, they need to file for divorce ASAP. OP, the spouse that file has the upper hand in the divorce. Do not wait on your wife to file as she could potentially drag things on until you are out of status which you do not want.

4. Based on being able to file in February, I think their card expires some time in May. OP, can you clarify?

5. NOTE to the OP: You can file for ROC with a divorce waiver as soon as you file for a divorce OR you can wait to file the ROC until 90 days before the expiration of your conditional GC. I would suggest the latter so you'll have time to acquire the divorce decree and your case won't be held up pending its submission. (Also, some states require a 6-month "waiting" period before a divorce is granted. Verify any waiting period for your state).

6. Follow the link that Tanish provided.

Good luck!

Edited July 14, 2016 by Cheezees

[rohanrob 10]

I would suggest getting the proof that the reason for divorce was indeed the infidelity and was not Visa fraud.

Once you have the divorce based on infidelity, you can get a waiver based on divorce to not file for I-751 jointly.

Please refer to https://www.uscis.gov/sites/default/files/files/form/i-751instr.pdf.

Good luck.

P.S. Please proceed ASAP. How long do you have until your Conditional GC expires?

Thanks Tanish,

How would I get proof, Pictures?

My GC expire in May 22nd 2017.

[rohanrob 10]

1. USCIS does not care if your spouse was unfaithful or not. They are not in the business of marriage counseling or anything related to that. They simply do not care. What they do care about is that the marriage was entered into in good faith. So the OP needs proof of a bona fide marriage, not a "bona fide" divorce.

2. You can file for divorce even if the reason is not infidelity. "Irreconcilable differences" is good enough.

3. I agree, they need to file for divorce ASAP. OP, the spouse that file has the upper hand in the divorce. Do not wait on your wife to file as she could potentially drag things on until you are out of status which you do not want.

4. Based on being able to file in February, I think their card expires some time in May. OP, can you clarify?

5. NOTE to the OP: You can file for ROC with a divorce waiver as soon as you file for a divorce OR you can wait to file the ROC until 90 days before the expiration of your conditional GC. I would suggest the latter so you'll have time to acquire the divorce decree and your case won't be held up pending its submission. (Also, some states require a 6-month "waiting" period before a divorce is granted. Verify any waiting period for your state).

6. Follow the link that Tanish provided.

Good luck!

Yes, May 22nd 2017.

[Cheezees 1,514]

In the Search bar at the top right of every VJ page, just type in "ROC evidence". Then click on the posts to find lists of evidence that other people have submitted.

Did you read the link Tanish provided? It also states the evidence you need. Good luck!

[rohanrob 10]

In the Search bar at the top right of every VJ page, just type in "ROC evidence". Then click on the posts to find lists of evidence that other people have submitted.

Did you read the link Tanish provided? It also states the evidence you need. Good luck!

Thank you, do you think I need a Immigration Lawyer also?

[Cheezees 1,514]

For?

[rohanrob 10]

For?

This process

[TJbrown 1]

I filed with divorce waiver too, without lawyer. Just because you have a lawyer won't make your prior marriage more valid ;-) safe the money, do the research on what kind of evidence you need and don't worry too much. Relationships happen, divorce happens, life is life.

[EM_Vandaveer 2,408]

I would suggest getting the proof that the reason for divorce was indeed the infidelity and was not Visa fraud.

Once you have the divorce based on infidelity, you can get a waiver based on divorce to not file for I-751 jointly.

Please refer to https://www.uscis.gov/sites/default/files/files/form/i-751instr.pdf.

Good luck.

P.S. Please proceed ASAP. How long do you have until your Conditional GC expires?

You can't file based on infidelity in Florida.

The two grounds for divorce are:

(a)irretrievably breakdown of the marriage.

(b)Mental incapacity of one of the spouses.

It does not make a difference, anyway. As long as OP has proof of bona fide marriage, it's immaterial whose fault the breakdown of the marriage was.

[Ebunoluwa 6,136]

No lawyer needed, follow the guide for ROC and see the list of evidence you may be able to use if you have it

.http://www.visajourney.com/content/751guide

You may have more evidence than you think.

[VadnVince 24]

FYI: Most American divorces are for "Irreconcilable Differences", because infidelity is difficult to prove. So you'll definitely need to provide evidence.

[rohanrob 10]

VJs,

Is it better to go to an Immigration Lawyer or go to a Divorce Lawyer?

Can the Immigration Lawyer do anything in his will to file while I'm still married to her or is he going to tell me to get a divorce right away?

Today I went to a Divorce Lawyer and I have a consultation in Aug 2nd for the Immigration Lawyer

Can you advise me on what to do?