ROC filing and in the process of divorcing

[cdas 0]

Hello!

I have a question. In an ideal world, me and my husband will file for my Removal of Condition in May 2017 as my conditional gc will expire in Sept 2017. But unfortunate things happen and instead, we are going to file for divorce.

My questions are:

1. When is right time to file for ROC, is it before filing for divorce, during the process of divorce or once the divorce has been granted?

2. I read something that I need to present evidence that we have a bona fide marriage, but we don't have properties, we dont have joint bank account, we dont have shared bills, i used to be under his insurance but since his insurance company doesnt pay for my pills, i needed to apply for a diff health insurance, our ITR are filed separately but married. How will this affect my ROC application? Any other evidences that I can submit?

3. He is the one who is no longer happy with the marriage. Even after I found out about his other women, I was the one who is willing to work things out, but since it was him who gave up on our marriage, i really cant stay married to him. Should it matter who files for divorce? Is it better that I file or should it be him? we are in a fault/no-fault state, btw.

4. Also, we are not living together for 3 months now. Will that be a problem? I haven't reported my change of address because, our plan was to move out of his parents' house and have our own place. But since that is not likely to happen anymore, will I have a problem?

5. Do I need to have an immigration lawyer?

This probably has been asked a thousand times and I would appreciate all the information I could get.

Thank you very much.

Edited July 30, 2016 by cdas

[Deagle 508]

For how long did you live together in the same house? How long did you marriage last?

[cdas 0]

For how long did you live together in the same house? How long did you marriage last?

We lived for 15 months and around the same number of months is our marriage.

[Pitaya 2,577]

~Moved from Memb. Intro. to Effects of Major Family Changes on Immigration Benefits Forum~

~Similar topics are often discussed at this forum~

[EM_Vandaveer 2,408]

The fact that you basically have no evidence of bona fide marriage is worrying. Divorce waiver I-751s are not hard to get approved, but you certainly need the right evidence.

[Deagle 508]

The good news is that your marriage length is considered good enough to be real and not fraud, the bad news is that you dont have evidence of loving together all that time and evidence of finacial comingling.

[Cathi 5,763]

The good news is that your marriage length is considered good enough to be real and not fraud, the bad news is that you dont have evidence of loving together all that time and evidence of finacial comingling.

it isn't the length of marriage that proves a bonafide marriage, evidence does.

how do you expect to get a divorce waiver with virtually zero evidence of a bonafide marriage?

[Diabloz1019 5]

Consult a lawyer and gather whatever evidence you can find. Good luck kabayan.

[JessDak 27]

I'm sorry to hear about your marriage problems.
It is my understanding that the divorce needs to be finalized before you apply for ROC. If you apply for ROC before the divorce you will be basically proving that you are still married (which would be a lie since you are moving forward with divorce) and to apply with a divorce waiver you would need proof of divorce. So you would need to have it finalized before you apply for ROC

As far as who should be the one filing for divorce, I don't imagine that would make a difference. Divorce is divorce, i'm not sure if USCIS cares who divorced who, they just care that you are divorced.

Unfortunately you don't seem to have any real evidence of a real marriage. From my understanding I don't imagine it will be an easy process without the evidence. Do you guys have children together? Proof of honeymoon, vacations, etc. Affidavits, photos, letters, emails, etc. Maybe even something as simple as checking in on Facebook together at the same place might help just to show that you have been together openly. Anything that can prove that you had a real marriage.

[Mollie09 1,543]

I'm sorry to hear about your marriage problems.

It is my understanding that the divorce needs to be finalized before you apply for ROC. If you apply for ROC before the divorce you will be basically proving that you are still married (which would be a lie since you are moving forward with divorce) and to apply with a divorce waiver you would need proof of divorce. So you would need to have it finalized before you apply for ROC

As far as who should be the one filing for divorce, I don't imagine that would make a difference. Divorce is divorce, i'm not sure if USCIS cares who divorced who, they just care that you are divorced.

Unfortunately you don't seem to have any real evidence of a real marriage. From my understanding I don't imagine it will be an easy process without the evidence. Do you guys have children together? Proof of honeymoon, vacations, etc. Affidavits, photos, letters, emails, etc. Maybe even something as simple as checking in on Facebook together at the same place might help just to show that you have been together openly. Anything that can prove that you had a real marriage.

This isn't true, you can apply for a divorce waiver if your divorce is still pending, especially if you're about to run out of time to apply before your GC expires. If you don't have a finalized divorce they will send you an RFE for a divorce certificate, which buys you time. Then you send it in when you have it.

Good luck!

[EM_Vandaveer 2,408]

This isn't true, you can apply for a divorce waiver if your divorce is still pending, especially if you're about to run out of time to apply before your GC expires. If you don't have a finalized divorce they will send you an RFE for a divorce certificate, which buys you time. Then you send it in when you have it.

Good luck!

While that is true, it seems to me that the complete lack of evidence of bona fide marriage is a huge problem for a divorce waiver I-751.

[Sandra G. 5,049]

You do not have proof of commingling finances. The chance to have the GC renewed is practically non existent.