Filed for divorce - Risk of rejected ROC?

[*FishF00D* 45]

Hey all,

I'm about to file ROC on my conditional Green Card that was based on Marriage, though I filed for divorce this year and plan on utilizing the divorce waiver to file alone.

The marriage fell apart due to my citizen-spouse's substance use and mental/emotional/physical abusive behavior toward me; I had to utilize the services of a local domestic abuse non-profit to leave the situation, move out, seek extensive counseling, and file the divorce.

I'm choosing the divorce waiver route due to a lack of physical evidence of abuse for VAWA, and because I successfully reached a judgement in the divorce case this month.

Question is: I've read that the grounds of the separation must make it clear that the breakup wasn't the fault of the immigrant, otherwise they could face rejection; am I at fault for being the petitioner in the divorce? Should I be concerned about my application for ROC being rejected simply because I'm no longer married to the citizen spouse, or because I initiated the divorce?


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I have every piece of evidence in hand I could possibly acquire highlighting that we had co-mingled our finances, shared a life, and were married in good faith to be with one another. My Ex continues to work toward sobriety and seems to want to reconcile somewhere down the line if he can get himself back in shape. These kinds of changes take a lot of time, and the recovery from abuse is an exceptionally delicate subject; reform is unlikely, but possible. I really don't want to be forced to leave the country when it may be that he and I could reconcile at a healthier point in the future. All of the work we put in to be together, and the subsequent separation, are heart-breaking -- and it's a really challenging emotional space to be in while also having to file for ROC!

Thanks for any and all help and advice.
Xx

[Georgia16 2,858]

They just want to see that you entered the marriage in good faith and that you had a real marriage and sounds like you have the evidence for that so

I wouldn't worry about filing with the waiver if I were you.