Wife may not come for ROC interview. Please help.

[Ash.1101 1,756]

As others are saying you need to at least start the process of divorcing, it's actually better to go ahead and divorce and do your ROC, then to try to stay with them to keep up pretenses only for it to fall apart at the end.

Sometimes divorce can take a long time, and in some states, you have to have an official year of separation before the divorce can be finalized. 

What state are you in?


 

[Villanelle 4,122]

What proof of abuse do you have? Police reports? restraining orders? Have you been diagnosed with anything by a psych dr? Are you in therapy or taking any medications? 

[mindthegap 2,599]

15 hours ago, eddy2312 said:

Isn't my time-line too short to request for a divorce waiver ?

because my interview should be in about 3 weeks from now jan/2020

Well it depends on what state you are in, how long divorce takes in that state, and whether or not your spouse would delay the divorce or contest it somehow.

 

You can request a switch to a divorce waiver at the interview. You would then - at some point afterwards, probably within a month - receive in the mail an RFE for a final divorce decree, with the standard response time of 90 days.

So if you can get a divorce done in a couple of months, it is entirely possible. 

If you can't respond to the RFE with a final decree, you will receive a scary but not legally sound letter saying you are denied, which isn't actually a denial or termination of your permanent residence. You can then go to court (by which time you would have your final divorce decree), or file a fresh I-751 when you have your final divorce decree, which would then be evaluated on the evidence of bona-fide-ness provided.

 

It is still an unfortunate reality for many in this predicament, that the timings are often at the mercy of USCIS and others and do not work out and it puts people in this position, but regardless, you remain a LPR and have rights, until an immigration judge determines otherwise.

 

I still say the best course of action at this point is have a (very) honest conversation with your spouse about her intentions, and take it from there, otherwise you are just guessing as to the maybes, and acting potentially in haste.

Edited December 4, 2019 by mindthegap