ROC I-751

[rjgacek 6]

I need some accurate as possible advice on my ROC. I am the American Citizen, my wife is the Conditional Green Card holder.

Things have not worked out and she moved back permanently to her home country the Philippines.

We sent in the I-751 paperwork and documentation on 3/8/2017. Received one year extension letter and already completed the Biometrics.

Now, my question is, I know filing for a divorce will have to be done, but, as for now, my income does not allow me to do this. So, I and my wife are content in just letting the marriage remain in limbo, but, there is no chance for reconciliation.

I need to know, if I should contact USCIS about this, or should I just wait to see if I get an RFE or an Interview notice, and If I do just dont respond to it, then I am assuming they will consider the process "abandoned" But there is a chance also they just might approve and put the Card in production. I am afraid if I dont notify them and the process goes straight through to the Card Production phase, it will be too late for this case of ours to be denied and abandoned.

Any suggestions would be greatly helpful.

Thank you in advance for any advice.

Ron

[EM_Vandaveer 2,408]

ROC is not your case, it's your wife's. I understand you filed it jointly, but even so, it's her case.

[HollyGolightly 72]

I assume you meant that you filed your wife's ROC paperwork on 3/8/2016 and not 2017 like the text says. As far as ROC, the only requirement is that the marriage was entered into in good faith despite it having ended in a separation or divorce. ROC is usually granted as a matter of course and the conditional status is granted to give USCIS a recourse in case the marriage turns out to be a sham after conditional resident status is given. It is a bit premature at this point to call USCIS to tell them about the separation, let it play out naturally-- when she gets an RFE or an interview you or she may have the opportunity to explain your situation then.

[HollyGolightly 72]

I neglect to ask--- is it your intention to have ROC for your (soon to be ex) wife denied? I that that sort of advice you're asking here? Because if that's what you want to know then I'd be inclined to say that it really isn't up to you to have the petition denied or approved. All you do is send in the paperwork & it is up to USCIS to review. The fact that your marriage ended soon after the petition was sent should not have any bearing on ROC as long as the marriage was not a sham.

[rjgacek 6]

ROC is not your case, it's your wife's. I understand you filed it jointly, but even so, it's her case.

I understand that, miss use of my words, I apologize, but , as I said, any advice on my situation. Might be her case, but we are married and the decision of the I-751 effects both of us, just not her.

Thank you

[Villanelle 4,122]

Totally disagree with almost everything posted so far/

Yes ROC is her process but he signed the joint petition. This gives him limited rights and obligations in regards to that petition. (He may be required to attend an interview. He may also withdraw. Its usually phrased as 'withdraw support on the joint 751' or cancel support.)

So the OP can send a letter or go to infopass and advise them he no longer wants to be involved in the process and withdraw his support as they are separated. This will cause them to automatically issue an interview notice. Sometimes the alien gets an RFE first stating if they wish to continue in the joint process or switch to a waiver and also it requests the divorce decree. This notice is addressed to and the responsibility of the alien not the spouse. He can forward it to her or he can ignore it.

She can respond how she chooses. She can tell them she is no longer interested in the GC and various things could happen (again not the husbands problem) Or she can switch to a waiver- complete the divorce and keep her GC

/

EDIT- I dont know what happened to the rest of my post (?) It seems to have gotten cut off...

So anyway, if there is no answer to the RFE most likely a joint interview notice will be issued. The husband can attend the interview and reassert his statement he wants to withdraw or he can ignore it.

This is pretty much the end of the involvement for the OP. The only positive news is IF the wife wants to keep her GC then she will need a final divorce decree. She will probably either file herself or help obtain money so you can file and get it over with as soon as possible.

Edited July 15, 2016 by Damara

[rjgacek 6]

Totally disagree with almost everything posted so far/

Yes ROC is her process but he signed the joint petition. This gives him limited rights and obligations in regards to that petition. (He may be required to attend an interview. He may also withdraw. Its usually phrased as 'withdraw support on the joint 751' or cancel support.)

So the OP can send a letter or go to infopass and advise them he no longer wants to be involved in the process and withdraw his support as they are separated. This will cause them to automatically issue an interview notice. Sometimes the alien gets an RFE first stating if they wish to continue in the joint process or switch to a waiver and also it requests the divorce decree. This notice is addressed to and the responsibility of the alien not the spouse. He can forward it to her or he can ignore it.

She can respond how she chooses. She can tell them she is no longer interested in the GC and various things could happen (again not the husbands problem) Or she can switch to a waiver- complete the divorce and keep her GC

/

EDIT- I dont know what happened to the rest of my post (?) It seems to have gotten cut off...

So anyway, if there is no answer to the RFE most likely a joint interview notice will be issued. The husband can attend the interview and reassert his statement he wants to withdraw or he can ignore it.

This is pretty much the end of the involvement for the OP. The only positive news is IF the wife wants to keep her GC then she will need a final divorce decree. She will probably either file herself or help obtain money so you can file and get it over with as soon as possible.

Thank you Demara, very good advice. No chance , she does not want to continue through with the process, this is her reason for being back in the Philippines, permanently. And to the other gentleman who responded, I apologize, my mistake, I did mistype should of read 3/8/2016 not 2017

[NikLR 13,227]

I do advise that one or both of you cancel the ROC however so the USCIS doesn't have to go through the trouble of sending out a green card. They won't necessarily interview if you just leave it and could be granting her a 10 year green card.

If that was the case then you'd send it to her and she can turn it in at the nearest US consulate or embassy with an I-407 which abandons her residency.

She should do that anyhow, even with the 2 year card.

[EM_Vandaveer 2,408]

If she truly wants to give up her LPR status, she can go to the American Consulate where she is and hand in her GC (and probably fill out a form).

[Cathi 5,763]

Maybe you guys could take a few days off to cool things down a bit. Things could change, right? However if you and your wife are absolutely sure that your marriage is done, and she has permanently left to Philippines (or Japan?) with no intention of returning, she should let USCIS know that she does not want to pursue removing conditions on her green card. For the I-751 process, she, the immigrant is the petitioner. You're not the petitioner. So she needs to make an informed choice on how to proceed. She can divorce you and file with a divorce waiver.

his wife already moved home to the Philippines and is not returning to the US-ever. This is a moot point