Divorce waiver - risky?

[Xsprkl 1]

Hi folks -

 

How risky do you think divorce waivers are, on i-751? Vs joint petitions?

 

I posted another question along these lines, but I think my wording was too convoluted. I'm at a junction in a loving but disfunctional marriage where we have to make a decision about the next several years (whether or not to stay together).

Edited March 6, 2017 by Xsprkl
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[mycase17 114]

I would not term as a 'risky'. Whether you filed jointly or using waiver you should always back up with your documents like co-mingling financial, photos etc. There has been some cases where jointly filed couple has been asked to appear for interview and waivers has been approved instantly without RFEs/interview. So it all depends upon your case and the immigration officer handling the case.

IMO, if your marriage is not working out then just step out and file for a waiver. And if your spouse also can write an affidavit when you files for a waiver, then it's even better. 

I-751 is a very long process, it can take easily up to a year after you filed, so that's a long time to stay in the marriage if you are not sure about it. 

 

Let's say even if you get denied after RFEs or interviews (which happens very rarely unless you have some major red flagsor do not provide enough documentation) you will have chance in front of Immigration Judge and that time the burden is on USCIS to prove that your marriage is not legitimate as far as my knowledge. But with the new laws about court hearing etc, not sure if those things have changed. 

Edited March 6, 2017 by mycase17

[Villanelle 4,122]

Oh my. I read your other topic. (the mods may merge the two threads to keep the forum clean/only one thread per topic rule btw)

 

But anyway- I am so sorry for the situation you find yourself in. There are many threads on VJ about the topic of divorce and ROC. I suggest you browse around- check the Effects of major changes subforum as well.. 

 

First though- the way immigration works is you live your life and find the form that matches it. You should never make decisions based on what immigration path is "best" because there IS NO BEST. Just different things for different situations. Trying to create a situation for immigration benefits is fraud. Believe me USCIS has forms for everything. 

 

So looking at your life- its pretty clear your marriage is over. A marriage with out intimacy is not a marriage you want honestly. There may be love but theres no trust between you guys- hence no intimacy. So I guess its better to say a marriage with out trust is not a marriage you want. Add in to that the statements regarding abuse and-- well, yeah, you have to end it. Two people CAN love each other and be wrong for each other. 

 

With all that said I hope you file for divorce and find someone who makes you happy, that you trust and love in a healthy mutual way... Re immigration: filing with a divorce waiver is not a big deal. I couldnt even tell you how many people do this! Its more common then uncommon. ROC is about proving the marriage was entered into in good faith- thats it. Doesnt matter if its a divorce waiver or a joint petition. Depending on your situation you show the good faith in different ways. The shorter the marriage was the more suspicious it can look that you only married for benefits- but theres no minimum time to be married. 

 

But the bottom line is there is no difference in risk when looking at joint vs divorce. Again, they are just different situations one may find themselves in- so its not like comparing apples to oranges but rather green apples to red apples. (Also very few people are denied ROC). So make decisions that suit your life and USCIS will have a process for you whatever you choose.

[Xsprkl 1]

Thank you! I really appreciate the advice from both of you, @Damara and @mycase17, and feel reassured. I do want to mention that the burden of proof is only explicitly put upon USCIS for joint petitions - I clarified this by thumbing through these pages, @mycase17: https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-22009/0-0-0-22036.html, and by double checking on attorney responses on alllaw/avvo (can find the link if you'd like). @Damara, thank you for the reminder to trust the system, in the larger sense at least.

Edited March 7, 2017 by Xsprkl

[Villanelle 4,122]

Yikes. I read the link and was able to find on Google what you mentioned from the attnys... Do you play chess? Cause seriously you are 3 moves ahead!!! Lol. Slow down!! Removal proceedings? The finite differences in how attnys represent people based on how they got there ( joint vs waiver) good gracious! 

 

Stop stressing your self out. Don't be looking at possible defenses for if you get denied as a waiver and use it as a reason to stay in a bad relationship.  You said the relationship was legit. I'm assuming you have most if not all of the common items people send for ROC. So take a few steps back from the worry ledge. 

 

Try googling denial rates for ROC. They are low. And a portion of them aren't really even denials. People are denied by USCIS for not having a final decree and then approved in court when they present it. So it skews the numbers a bit. I've also seen an attny on here post several times that the judges can be easier then the adjuicators at USCIS.

 

Again do what you need to do to make your life worth living. The system works. If you are legit you needn't worry. Maybe the road youll take will be smooth maybe it will be bumpy. I don't know. But I do know the system is set up to work with people not for people to work the system. 

 

Whatever road you take have faith. Grab the wheel from fear and steer!!