USC wife cheated- ROC, divorce, what next? (split and merge)

[newyork1234 33]

Hi 

can anyone please help me with the following questions?

I got married with the USC wife and already have conditional green card. We are supposed to file for ROC in Nov 2018. we have a lot of document and pictures in common which proves bonafied marriage. (car insurance, lease , utilities,  dental insurance, bank statement, three credit cards of mine that she is authorized to use, sam's club membership, joint tax return, drivers license the same address, health insurance, etc).

few months ago she betrayed me and I caught her having nude chat with a guy, she confessed it , I talked to her family and finally they assured me that she will compensate and it was an accident. I forgave her and she promised to never repeat the mistake.

recently I caught her naked with a guy in my apartment , I was shocked ... . and called police , the guy ran away before police come over, police reported it. plus that I found a lot of sex chat with some random people in her phone and took video and shot from all of them.

the question is what should I do now? file for divorce? I should file for divorce or she? what are the next steps? ( I came to the US by F1 visa and still student).

I am shocked and completely confused, please tell me what should I do now?

Edited June 10, 2018 by Penguin_ie

[Abdeslam 47]

19 hours ago, newyork1234 said:

Hi 

can anyone please help me with the following questions?

I got married with the USC wife and already have conditional green card. We are supposed to file for ROC in Nov 2018. we have a lot of document and pictures in common which proves bonafied marriage. (car insurance, lease , utilities,  dental insurance, bank statement, three credit cards of mine that she is authorized to use, sam's club membership, joint tax return, drivers license the same address, health insurance, etc).

few months ago she betrayed me and I caught her having nude chat with a guy, she confessed it , I talked to her family and finally they assured me that she will compensate and it was an accident. I forgave her and she promised to never repeat the mistake.

recently I caught her naked with a guy in my apartment , I was shocked ... . and called police , the guy ran away before police come over, police reported it. plus that I found a lot of sex chat with some random people in her phone and took video and shot from all of them.

the question is what should I do now? file for divorce? I should file for divorce or she? what are the next steps? ( I came to the US by F1 visa and still student).

I am shocked and completely confused, please tell me what should I do now?

Run Forest Run..............

[Loren Y 2,755]

Definitely think a divorce is in order. And whoever files first in the good old USA usually has the upper hand. I think you will have no problems ROC on your own, and it would be in your best interest to go that way, but give it a few hours, and you will have a bunch of advice, but I am pretty sure they are all going to lean towards divorce.

[usmsbow 801]

Yeah, I would advise filing for divorce, and when you file for ROC in November, do so with the divorce waiver. If you don't have the divorce paperwork when sending in your ROC petition, no worries as long as you have it by the time USCIS sends you a RFE requesting that documentation.

 

 

[newyork1234 33]

On 6/7/2018 at 4:05 PM, Loren Y said:

Definitely think a divorce is in order. And whoever files first in the good old USA usually has the upper hand. I think you will have no problems ROC on your own, and it would be in your best interest to go that way, but give it a few hours, and you will have a bunch of advice, but I am pretty sure they are all going to lean towards divorce.

thank you very much for the advice. I think in my state the uncontested divorce decree will be issued in less than three months (lets say in August I have the divorce decree) , then I do NOT have to wait until Novemver to file for ROC , right? in other word, I can file for ROC as soon as I get the divorce decree and do not have to wait till 90 days before expiration date of the GC. please clear me if I am wrong.

The other question is: does it matter if I file for divorce contested or uncontested? (cause now she want the divorce with agreement).

[newyork1234 33]

On 6/7/2018 at 4:33 PM, usmsbow said:

Yeah, I would advise filing for divorce, and when you file for ROC in November, do so with the divorce waiver. If you don't have the divorce paperwork when sending in your ROC petition, no worries as long as you have it by the time USCIS sends you a RFE requesting that documentation.

 

 

Thank you my friend.

recently I found a lot of evidence ( text message, picture, etc.) in her phone and I got screenshot and video from them proving she has been betraying me. Does USCIS accept video if I attach them with the other documents?

I recorded her voice which she confessed she has been betraying me, plus she curing men with the bad words. does USCIS accept voice record attached with the documents? 

if not, so how can I show the officers those videos and recorded voice files?

Edited June 9, 2018 by newyork1234

[Loren Y 2,755]

20 minutes ago, newyork1234 said:

thank you very much for the advice. I think in my state the uncontested divorce decree will be issued in less than three months (lets say in August I have the divorce decree) , then I do NOT have to wait until Novemver to file for ROC , right? in other word, I can file for ROC as soon as I get the divorce decree and do not have to wait till 90 days before expiration date of the GC. please clear me if I am wrong.

The other question is: does it matter if I file for divorce contested or uncontested? (cause now she want the divorce with agreement).

Just because you get divorced, I don't think it would change the time you file to remove conditions. That is still 90 days before your green card expires. I don't believe that would work, because let's say you get married, then a month later get divorced, you still have to wait for the correct "window" to apply to remove conditions.

[newyork1234 33]

1 minute ago, Loren Y said:

Just because you get divorced, I don't think it would change the time you file to remove conditions. That is still 90 days before your green card expires. I don't believe that would work, because let's say you get married, then a month later get divorced, you still have to wait for the correct "window" to apply to remove conditions.

I heard that from several lawyers in youtube and some other websites. But I have not seen It in USCIS website. 

[Loren Y 2,755]

7 minutes ago, newyork1234 said:

I heard that from several lawyers in youtube and some other websites. But I have not seen It in USCIS website. 

Yes, I am in no way an expert, I'm sure one of the senior members on here has dealt with this question before. Unless I saw that you could file early on the USCIS site, or in their instructions somewhere, I would stick to the original plan for ROC.

[mindthegap 2,590]

1 hour ago, newyork1234 said:

 in other word, I can file for ROC as soon as I get the divorce decree and do not have to wait till 90 days before expiration date of the GC. please clear me if I am wrong.

 

This is correct.

A divorce waiver I-751 can be filed at any time after gaining permanent residence, right up until a final order of removal by am immigration judge in court.

It even states this on the instructions.

Joint filings must be in the 90 day period but this does not apply to waiver filings.

[newyork1234 33]

1 hour ago, mindthegap said:

 

This is correct.

A divorce waiver I-751 can be filed at any time after gaining permanent residence, right up until a final order of removal by am immigration judge in court.

It even states this on the instructions.

Joint filings must be in the 90 day period but this does not apply to waiver filings.

Thank you so much for clarification. 

Is there any difference in time processing of the cases between "ROC waiver" and "regular ROC"?

[newyork1234 33]

1 hour ago, Loren Y said:

Yes, I am in no way an expert, I'm sure one of the senior members on here has dealt with this question before. Unless I saw that you could file early on the USCIS site, or in their instructions somewhere, I would stick to the original plan for ROC.

Thank you. I know a lot of divorce happens before ROC, why people are not coming to VJ to share their experience. I saw some few posts. but the page is already closed and not active anymore.

[mindthegap 2,590]

43 minutes ago, newyork1234 said:

Thank you so much for clarification. 

Is there any difference in time processing of the cases between "ROC waiver" and "regular ROC"?

Waiver more likely to get an interview which may possibly delay it, but not guaranteed - can still be approved without interview. 

Both are adjudicated on the evidence provided - you won’t denied purely on the basis of being divorced.

 

Processing times are ridiculous for any I-751 right now anyway, so filing early may well get you approved faster than you would if jointly.

 

[newyork1234 33]

1 hour ago, mindthegap said:

Waiver more likely to get an interview which may possibly delay it, but not guaranteed - can still be approved without interview. 

Both are adjudicated on the evidence provided - you won’t denied purely on the basis of being divorced.

 

Processing times are ridiculous for any I-751 right now anyway, so filing early may well get you approved faster than you would if jointly.

 

you are right 

sound like taking 12 to 15 months of processing time of I751 for Vermont Center 

[Penguin_ie 5,994]

****** post split from other thread by another member.  Please post questions about your own case in your own thread. *****