Divorce on conditional GC (merged)

[Tunisian_tunisia 13]

9 minutes ago, p-ana said:

This is tour third thread on the same topic and the other two already gave you good answers.  What you need to concentrate on is having proof you entered the marriage in good faith and that you commingled your lives even if it was only for a short period of time

I'm sorry i did not know that every time i start a new topic i have to change the title, i thought it all goes under the same topic, also in this one i'm asking new questions from what happened in my day today.

i did not receive helpful questions from the last two topics to be honest 

[Ontarkie 14,444]

~~3rd thread merged. You were already told not to make more than one thread. Do it again and you will be suspended.~~

[Tunisian_tunisia 13]

17 minutes ago, geowrian said:

Sure, some people are denied ROC, but that is by far not the norm...no idea where you're hearing so many horror stories.

It's not suspicious at all. ROC explicitly has a process for handling this circumstance.

There are many, many cases on VJ of people completing ROC after a divorce.

 

USCIS data set: https://www.uscis.gov/sites/default/files/USCIS/Resources/Reports and Studies/Immigration Forms Data/All Form Types/Quarterly_All_Forms_FY18Q3.pdf

I-751 (ROC) has a 95% approval rate. The denials are likely administrative (like not responding to an RFE) or due to crimes IMO.

If denied, you can refile up until an immigration judge removes you.

If you challenge a denial with the immigration judge, you get yet another shot to prove your case.

I don't have stats on how often ROC ultimately results in removal due to lack of not having a bona fide marriage, but I wouldn't be surprised if it was in the 1% or less range.

This is really helpful and comforting thank you so much.

one more question, is it better if i get my divorce before i file my ROC which will take place in June 2019, or would it be better if we stay separated until we file ROC and then divorce ? if we stay separated i think  she will agree on signing the i751 petition.

what would be best ? 

as you can see i'm just trying to be extra cautious because i srsly don't want to lose my life over here 

[Tunisian_tunisia 13]

13 minutes ago, Ontarkie said:

~~3rd thread merged. You were already told not to make more than one thread. Do it again and you will be suspended.~~

I just apologized to P-ana because i did not know how this works, i'm sorry again 

[TM92 527]

24 minutes ago, geowrian said:

no idea where you're hearing so many horror stories.

Just a guess: Probably from fear-mongering lawyer sites trying to drum up business.

4 minutes ago, Tunisian_tunisia said:

one more question, is it better if i get my divorce before i file my ROC which will take place in June 2019, or would it be better if we stay separated until we file ROC and then divorce ? if we stay separated i think  she will agree on signing the i751 petition.

what would be best ?

Better to divorce as soon as you can. If she signs the I-751, USCIS will expect her at the ROC interview. If your divorce becomes final before June 2019, you can file ROC early: https://www.nolo.com/legal-encyclopedia/divorce-your-conditional-residence-status-how-file-divorce-waiver-with-form-i-751.html

Quote

You can file Form I-751 at any time if you have a final order of divorce or annulment. That's true even if your conditional green card is not close to its expiration date.

[Tunisian_tunisia 13]

14 minutes ago, TM92 said:

Just a guess: Probably from fear-mongering lawyer sites trying to drum up business.

Better to divorce as soon as you can. If she signs the I-751, USCIS will expect her at the ROC interview. If your divorce becomes final before June 2019, you can file ROC early: https://www.nolo.com/legal-encyclopedia/divorce-your-conditional-residence-status-how-file-divorce-waiver-with-form-i-751.html

what if we show up for the interview as separated ? and we explain that we are separated but we wanted to go forward with the immigration process ?

[geowrian 22,338]

3 minutes ago, Tunisian_tunisia said:

what if we show up for the interview as separated ? and we explain that we are separated but we wanted to go forward with the immigration process ?

It's possible to do that and be approved. People have done it,

But it's also possible she just doesn't show up for the interview, or shows up and tanks it on purpose. Then you're in a very rough spot.

[Tunisian_tunisia 13]

16 minutes ago, geowrian said:

It's possible to do that and be approved. People have done it,

But it's also possible she just doesn't show up for the interview, or shows up and tanks it on purpose. Then you're in a very rough spot.

so my very best choice is getting my divorce before my ROC, even if there's a chance that if she signs with me we won't have an appointment ? 

one more thing, what more evidence would you recommend ? i have got the joint taxes, 1 car title, 2 car insurances, apartment lease, letters showing same addess, some bills under both names and some bills with one name but showing same address, pictures of trips and family gatherings, 2 joint checkings and 1 joint savings, a paper from daycare showing my name as parent for her kids. we don't have any health insurances together because she is in the Molina health care for low income families for her and her kids. i have her name as emergency contact in my work. that's literally all i have. what would you suggest more to strengthen my case ? 

[NYCruiser 423]

2 hours ago, Tunisian_tunisia said:

I caught my wife (us citizen) cheating on text messages, but i did not catch her cheating on person, would this still count as adultery? 

the text are all about let's meet up and go drink, pick me up at the house and some flirty conversations, and a screen shot on snap chat with a picture of my wife half naked but without exposing her genitals and giving him the address below the picture. would this be enough to ask for divorce because of adultery ?

My friend...there is a saying: If you go to a Barber's Shop every day, sooner or later you will get your hair cut. The intent is there unless she is using the texts as mental sexual stimulation...still not good

[Tunisian_tunisia 13]

6 minutes ago, NYCruiser said:

My friend...there is a saying: If you go to a Barber's Shop every day, sooner or later you will get your hair cut. The intent is there unless she is using the texts as mental sexual stimulation...still not good

i understand my friend, nut i'm concerned if i should confront her or should i wait to gather more evidence on her cheating so i can have a good reason in front of the immigration officer to why i divorced her. 

[NYCruiser 423]

1 minute ago, Tunisian_tunisia said:

i understand my friend, nut i'm concerned if i should confront her or should i wait to gather more evidence on her cheating so i can have a good reason in front of the immigration officer to why i divorced her. 

Oh yeah man, you do

[Tunisian_tunisia 13]

8 minutes ago, NYCruiser said:

Oh yeah man, you do

i should wait ? or i should confront her ?

Just now, Tunisian_tunisia said:

i should wait ? or i should confront her ?

i want to do what's best for my ROC case 

[Tunisian_tunisia 13]

can anyone tell me what i can possibly add to these evidences to prove a bonafide marriage in case of a divorce ?

 i have got the joint taxes, 1 car title, 2 car insurances, apartment lease, letters showing same addess, some bills under both names and some bills with one name but showing same address, pictures of trips and family gatherings, 2 joint checkings and 1 joint savings, a paper from daycare showing my name as parent for her kids. we don't have any health insurances together because she is in the Molina health care for low income families for her and her kids. i have her name as emergency contact in my work. that's literally all i have

 

[debbiedoo 2,339]

11 hours ago, Tunisian_tunisia said:

can anyone tell me what i can possibly add to these evidences to prove a bonafide marriage in case of a divorce ?

 i have got the joint taxes, 1 car title, 2 car insurances, apartment lease, letters showing same addess, some bills under both names and some bills with one name but showing same address, pictures of trips and family gatherings, 2 joint checkings and 1 joint savings, a paper from daycare showing my name as parent for her kids. we don't have any health insurances together because she is in the Molina health care for low income families for her and her kids. i have her name as emergency contact in my work. that's literally all i have

 

your evidence is fine. also any cards you gave her with little messages in them if you have any.

[Tunisian_tunisia 13]

5 hours ago, debbiedoo said:

your evidence is fine. also any cards you gave her with little messages in them if you have any.

Okay thank you so much, i really appreciate it.