What is the success rate of a 10 year green card through divorce?

[Kevinbolts 0]

Hello, I posted a couple weeks ago on a situation and was able to find help, so thank you for everything! Here is where I am at. We filed jointly for i-751. Marriage was in good faith. We got an RFE asking for more evidence. At this time in the relationship, we decided to divorce since things were not working out. I found out that sending in the divorce papers and USCIS will put your case on hold until a divorce decree is presented is the right process. The i-751 will be switched to the divorce waiver and then the beneficiary will have a chance to get the 10 year green card.

The beneficiary just wants to know what the success rate is? Everything is in good faith and so I said there should be no problem. She wants to stay so we would like more information on how this works, if divorce is just a red flag for a 10 year green card?

Her work would like her to stay as well. They wrote a letter saying that she is a great part of their team and they would like her to stay, and if there is anything they could do to help in the immigration process. Should we include this letter along with the divorce papers when responding to the RFE? Is there any chance they deny the 10 year green card and she gets a work visa? She would just like some more information so she can be confident she has a good chance to stay. Thank you very much!

[B&Z 201]

Was the RFE asking for more evidence of a bonafide relationship/marriage?

The beneficiary will still need to satisfy the requirement for enough bonafide marriage evidence in order to be successful in filing for ROC with a divorce waiver.

Edited September 16, 2016 by B&Z

[Anitafeliz 1,133]

Well if she meets the RFE there good. If not she is in a tough spot

[Kevinbolts 0]

RFE was asking for more evidence. We did not have many pictures together after filing the I-751 because the relationship was not very good. We have no propterties, just basic car insurance, rental leases, etc. We have enough evidence that it was a bonafide marriage because we did everything through the K-1 visa.

Was the RFE asking for more evidence of a bonafide relationship/marriage?

The beneficiary will still need to satisfy the requirement for enough bonafide marriage evidence in order to be successful in filing for ROC with a divorce waiver.

[B and H 18]

Her work would like her to stay as well. They wrote a letter saying that she is a great part of their team and they would like her to stay, and if there is anything they could do to help in the immigration process. Should we include this letter along with the divorce papers when responding to the RFE? Is there any chance they deny the 10 year green card and she gets a work visa? She would just like some more information so she can be confident she has a good chance to stay. Thank you very much!

Her status at this point was granted on the basis of her relationship with you, so I would expect a letter from her employer to have zero impact. Also, the denial-then-work-visa route is not that she simply stays; she leaves due to the denial, then comes back with a work visa, if she even gets one.

I sympathize that things didn't work out. Good luck to everyone involved.

[Ontarkie 14,221]

She does not need more evidence from the time after you filled. She needs stuff from the entire time.

Copies of your drivers license at the same address, if it's not been changed yet?

Any junk mail that came in her name and your name showing the same address? (not the best but if you're stuck everything helps)

How about joint taxes?

Medical bills, life insurance (before the split)

joint bank accounts?

joint credit cards

You need to start thinking outside the box because you didn't have enough evidence or they would not have sent an RFE