Divorce while ROC pending

[meaganb 2]

Hi all,

Well, I never thought I would be asking this question, but here I am.

After 3 years of marriage, my american husband is asking for a divorce. We jointly filed our ROC papers back in the spring, not thinking we were heading for divorce. Everything has been in good faith etc. However, my question is what do we do? What do I do?

 

Divorce has not been filed, and maybe we won't for a bit. I'm not sure. But what are my obligations and/or what should I expect with the ROC pending? Our application and paperwork submitted was pretty strong I think (own a home, a business, etc etc together) so "maybe" we won't get called for an interview? I'm just so confused what all this means moving forward with this immigration stuff. I really appreciate any help you can give me. From what I can understand, it looks like the speedy folks at uscis won't be touching our case until early next year.

 

Thanks.

[NikLR 13,227]

If you guys are getting a divorce get on it.  You cannot go forward with a  joint ROC when you're splitting up.  You'll have to amend your ROC filing to a divorce waiver. 

[Ontarkie 14,218]

There's nothing to do atm. You are still married up till the day your divorce is final.

If you two divorce and when if it final before your card is approved you would just send in the final decree and let them know you are switching from joint to divorce waiver. if called in for an interview same deal if your getting divorced let them know you are switching to a divorce waiver and they will ask for the divorce decree. If you have it by interview just give it to them and let them know you are switching to a divorce waiver. 

 

[zsuzsanna 15]

Hi Meaganb,

 

I'm going through the same thing and will be following this thread if there are more suggestions. I would like to know how likely it is to get the green card with the waiver.  

 

I had a consultation with an immigration lawyer a few weeks ago and he recommended that I would get on with the divorce for two reasons. One, Everyone and their mother claim to be separated from their spouse when they are committing marriage fraud. And the waiver is only available if I'm divorced from my husband. Who left me after 3.5 years, a few months before the conditions are supposed to be lifted. 

The immigration lawyer also recommended that while I'm waiting to start gathering all the documents to prove that I entered into the marriage in good faith, but get a lawyer as soon as I have to submit something to immigrations.

 

Good luck to you. 

Zsuzsanna