Divorce on conditional GC (merged)

[NikLR 13,227]

5 hours ago, Tunisian_tunisia said:

Where you going theough the same situation as i’am right now when you divorced?! 

No.  We didn't divorce because we weren't married.  We were common-law and in Canada that doesn't require a divorce.  But you do have rights when you separate, and we had a child together so it was important for me to find out what my rights were and the best way to handle our child's custody. 

[NikLR 13,227]

2 hours ago, geowrian said:

I wouldn't sweat too much about counseling as it relates to immigration. I think it would be the wisest decision mentally/emotionally. Counseling isn't always to just get back together/work things out. Sometimes it's to help handle the changes going on in your life as a result. It's not like regular, individual counseling with a therapist...but it isn't just to get back together either.

The individual therapist sounds like a healthy decision as well.

 

Best wishes.

I agree.  My ex and I also saw a counselor so we could appropriately discuss our separation with our child.   My mother is a HUGE fan of counselling for self healing and I've used it to help with depression I've developed since being in the USA.  I think individual counselling for the OP would a good thing since this is a very hard time for him. 

[Tunisian_tunisia 13]

1 hour ago, NikLR said:

I agree.  My ex and I also saw a counselor so we could appropriately discuss our separation with our child.   My mother is a HUGE fan of counselling for self healing and I've used it to help with depression I've developed since being in the USA.  I think individual counselling for the OP would a good thing since this is a very hard time for him. 

Thank you for sharing this. I’ll try to hold on until we see a counselor as i really need someone to hear me and her at the same time. But are the laws the same in canada and the states?! And what’s an OP?!

[TM92 527]

2 minutes ago, Tunisian_tunisia said:

And what’s an OP?!

Original Poster

[Going through 5,671]

17 minutes ago, Tunisian_tunisia said:

But are the laws the same in canada and the states?!

Different countries, different laws...although some can be quite similar.  In both countries, you do have rights immigration-wise and marital-wise.  Regardless of whether or not counselling will help you prove a bonafide marriage, its still in your best interest to seek it out for yourself in moving on from your marriage.

[Tunisian_tunisia 13]

1 hour ago, Going through said:

Different countries, different laws...although some can be quite similar.  In both countries, you do have rights immigration-wise and marital-wise.  Regardless of whether or not counselling will help you prove a bonafide marriage, its still in your best interest to seek it out for yourself in moving on from your marriage.

I understand thank you so much

[Tunisian_tunisia 13]

On 11/23/2018 at 10:54 AM, 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.

Can i please know where did you get the information that ROC have 95% approval rate?!

[TM92 527]

3 hours ago, Tunisian_tunisia said:

Can i please know where did you get the information that ROC have 95% approval rate?!

By dividing "Approved" by "Approved" plus "Denied" https://www.uscis.gov/sites/default/files/USCIS/Resources/Reports and Studies/Immigration Forms Data/All Form Types/Quarterly_All_Forms_FY18Q3.pdf Lets look at the 1st Quarter (October 1, 2017 to December 31, 2017) of Fiscal Year 2018. During that period there were 23,402 approved I-751 petitions and 1,342 denied. 23402/(23402+1342)=0.9457646298=94.57646298%≈95%

Edited November 27, 2018 by TM92

[TM92 527]

8 minutes ago, TM92 said:

and 1,342 denied

And worst case scenario if a I-751 is denied, then another one can be submitted. That is allowed since only an Immigration Judge (not USCIS Officer) can revoke Lawful Permanent Resident status.

Edited November 27, 2018 by TM92

[geowrian 22,337]

20 minutes ago, TM92 said:

By dividing "Approved" by "Approved" plus "Denied" https://www.uscis.gov/sites/default/files/USCIS/Resources/Reports and Studies/Immigration Forms Data/All Form Types/Quarterly_All_Forms_FY18Q3.pdf Lets look at the 1st Quarter (October 1, 2017 to December 31, 2017) of Fiscal Year 2018. During that period there were 23,402 approved I-751 petitions and 1,342 denied. 23402/(23402+1342)=0.9457646298=94.57646298%≈95%

Exactly, thanks!

I actually did the calculation for the 3 quarters available, which also came out to 95%.

[TM92 527]

5 minutes ago, geowrian said:

which also came out to 95%.

Coincidence? Let me put on my tin foil hat

[Tunisian_tunisia 13]

1 hour ago, TM92 said:

And worst case scenario if a I-751 is denied, then another one can be submitted. That is allowed since only an Immigration Judge (not USCIS Officer) can revoke Lawful Permanent Resident status.

Would it be submitted same way with same evidence?!

[TM92 527]

3 minutes ago, Tunisian_tunisia said:

Would it be submitted same way with same evidence?!

I'll defer the question to @geowrian:

On 11/23/2018 at 10:54 AM, geowrian said:

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.

He knows more than me.

[geowrian 22,337]

4 minutes ago, Tunisian_tunisia said:

Would it be submitted same way with same evidence?!

It can be...but filing the same form with the same evidence will likely have the same result.

[Tunisian_tunisia 13]

23 minutes ago, geowrian said:

It can be...but filing the same form with the same evidence will likely have the same result.

What would lead a ROC case to be denied?!