ROC waiver based Complete Info

[BrokenWings 8]

Well, Finally I am at end of sending my application. Visa journey has been a tremendous help with many real life experiences and explanations. Here is what I am: 
Back Story: 
Met Ex-spouse: 07/2015; Married: 10/2015; Received CR: 09/2016; Living Separate: 5/2017; Divorce filed by USC Spouse: 07/2017; Divorce Finalized: 09/2017; CR expires: 09/2018- Filing based on Good Faith Marriage evidences with divorce waiver.
Nationality: I am South Asian(30); She was Mexican American(24). 

I engaged a lawyer but it does not seem very worthy because I organized and provided the papers far better than they prepared by them. Evidences and Applications:
1. Completed I-751 
2. Final divorce decree, CR Copy, Copy of CR approval letter
3. Joint Rental contract, Joint water bill, Joint light bill, Joint cable and internet bill
4. 3 Joint cars (Assets), Joint Auto insurances
5. 3 Joint car loans
6. 2 Joint Checking accounts

7. 2015 and 2016 Joint Tax return with Tax transcript

8. T-Mobile Family plan including my ex-in law family 
9. Her Employer provided Spouse card (Discount card at Walmart) 
10. 12 couple and family pictures

11. 2 Marriage counselors communications and proof of 4 attempts and sessions of marriage counseling 

12. Affidavits from 4 people- One from my relative, One from our common friend who knows us since beginning, One from our neighbor and One from our Land Lord. (No help or communication from Ex-Spouse family, So no affidavit from  her or her family side; But I am providing the text history with her brother showing our discussion regarding problems we were going through)

13. My self affidavit detailing the relation- How, when, where, what everything- Total 12 pages. 
14. Some randomly selected chat histories with ex-spouse
15. One police report regarding domestic violence but that kinda weird- Coz she choked me for real out of her anger but when the police came she told them I scratched her hands. But I am still confused if I should add that police report. **
** I have proof of her infidelity but I am not in any intention to prove her mistakes; I am more willing to prove that I loved her and my real intentions of building life-long family with her. 

Red Zone:

My ex-spouse reported me to USCIS and tried to unhook her affidavit of support. So far I heard she made a lot false claims but I am not sure to what extent. Some one also informed me that she told immigration it was a FORCED MARRIAGE where I forced her to get married! Because she did not have any clue or evidence to prove me wrong; so she tried to say the marriage was wrong. In a word- She took blind and desperate attempts to withdraw her support contract. 

I am just kind of little confused because one lawyer (not appointed in my case) told me I may need to go back to my country because I am no longer married to USC and my staying over USA was based on Qualifying relative matter. Since we are divorced so there is no strong point where I can claim condition removal; rather they will ask- Since you are divorced, so go back to your home country. I really don't know in depth about my right regarding condition removal; I am walking straight ahead with all the evidences I have (I don't know if my evidences are enough or convincing) and knowing that- I loved her enough and enough right before the moment we got married and unfortunately still I do love her. 

I will update my timeline no matter of denial or approval. I hope someone will be helped through my sharing. 


 

[Waittrain 17]

all the best!

[Vitran 53]

Im so srr to hear that. 

The lawyer  is partially right.

but From what I gathered , you have right to apply for roc waiver, your supporting evidence looks legit. 

Let us know how it went. 

Good luck

 

[C90 376]

On 4/1/2018 at 9:02 PM, BrokenWings said:

Well, Finally I am at end of sending my application. Visa journey has been a tremendous help with many real life experiences and explanations. Here is what I am: 
Back Story: 
Met Ex-spouse: 07/2015; Married: 10/2015; Received CR: 09/2016; Living Separate: 5/2017; Divorce filed by USC Spouse: 07/2017; Divorce Finalized: 09/2017; CR expires: 09/2018- Filing based on Good Faith Marriage evidences with divorce waiver.
Nationality: I am South Asian(30); She was Mexican American(24). 

I engaged a lawyer but it does not seem very worthy because I organized and provided the papers far better than they prepared by them. Evidences and Applications:
1. Completed I-751 
2. Final divorce decree, CR Copy, Copy of CR approval letter
3. Joint Rental contract, Joint water bill, Joint light bill, Joint cable and internet bill
4. 3 Joint cars (Assets), Joint Auto insurances
5. 3 Joint car loans
6. 2 Joint Checking accounts

7. 2015 and 2016 Joint Tax return with Tax transcript

8. T-Mobile Family plan including my ex-in law family 
9. Her Employer provided Spouse card (Discount card at Walmart) 
10. 12 couple and family pictures

11. 2 Marriage counselors communications and proof of 4 attempts and sessions of marriage counseling 

12. Affidavits from 4 people- One from my relative, One from our common friend who knows us since beginning, One from our neighbor and One from our Land Lord. (No help or communication from Ex-Spouse family, So no affidavit from  her or her family side; But I am providing the text history with her brother showing our discussion regarding problems we were going through)

13. My self affidavit detailing the relation- How, when, where, what everything- Total 12 pages. 
14. Some randomly selected chat histories with ex-spouse
15. One police report regarding domestic violence but that kinda weird- Coz she choked me for real out of her anger but when the police came she told them I scratched her hands. But I am still confused if I should add that police report. **
** I have proof of her infidelity but I am not in any intention to prove her mistakes; I am more willing to prove that I loved her and my real intentions of building life-long family with her. 

Red Zone:

My ex-spouse reported me to USCIS and tried to unhook her affidavit of support. So far I heard she made a lot false claims but I am not sure to what extent. Some one also informed me that she told immigration it was a FORCED MARRIAGE where I forced her to get married! Because she did not have any clue or evidence to prove me wrong; so she tried to say the marriage was wrong. In a word- She took blind and desperate attempts to withdraw her support contract. 

I am just kind of little confused because one lawyer (not appointed in my case) told me I may need to go back to my country because I am no longer married to USC and my staying over USA was based on Qualifying relative matter. Since we are divorced so there is no strong point where I can claim condition removal; rather they will ask- Since you are divorced, so go back to your home country. I really don't know in depth about my right regarding condition removal; I am walking straight ahead with all the evidences I have (I don't know if my evidences are enough or convincing) and knowing that- I loved her enough and enough right before the moment we got married and unfortunately still I do love her. 

I will update my timeline no matter of denial or approval. I hope someone will be helped through my sharing. 


 

There's a divorce waiver for ROC for a reason. When your AOS is still pending and you get a divorce then yeah, you would have to leave, since your conditional green card wasn't granted yet. Right now you already have LPR status, so you have a legal status in the US. Don't have to leave, unless they deny your ROC.