Hard situation

[PL1991 0]

Hello all,

 

I am currently in the ROC process where I had my biometrics done in January. I filed in September.

 

My marriage was entered in good faith but it was rocky due to different cultures and different perspectives.

 

My husband who is the USC, has decided that he wants to end the marriage but he wants to file for divorce after we sell our house. Divorce takes about 6 months in my state.

 

I have tried to make this work but I am reaching a point where I am stressed, anxious and afraid. We have done counseling.

 

I find myself in a dilemma because I feel like even if I wanted to change the status to filing based on divorce, I wouldn't be able to do anything until I get the divorce papers finalized.

 

My husband says that he will help me with papers but I do not want to be unprepared.

 

Any one experiencing or has experienced this?

 

My case status hasn't changed after biometrics and I am afraid that they will call us for interview and my husband will not go.

 

Thank you.

[Crazy Cat 42,619]

13 minutes ago, PL1991 said:

My case status hasn't changed after biometrics and I am afraid that they will call us for interview and my husband will not go.

You can change to a waiver status at the time of the interview if he refuses to go.  You MUST attend.

[PL1991 0]

So I go to the interview without the divorce finalized and I tell them what happened and that I want to change it to a waiver status?

[Crazy Cat 42,619]

Just now, PL1991 said:

So I go to the interview without the divorce finalized and I tell them what happened and that I want to change it to a waiver status?

You could.......but your I-751 would get an RFE for the final divorce decree.

[PL1991 0]

Also, during one of our fights, he called USCIS and asked to have his name removed from the petition so I do not know if that was actually noted in our case file. He was told that he can't do that unless we provide finalized divorce paperwork.

[PL1991 0]

Ok well my husband said that he wants to sell the house first and then file for divorce. So there are a lot of variables for which I have no control over. Timing is an issue here I believe.

 

I really do not know what to do. I feel stuck

[Crazy Cat 42,619]

Just now, PL1991 said:

Also, during one of our fights, he called USCIS and asked to have his name removed from the petition so I do not know if that was actually noted in our case file. He was told that he can't do that unless we provide finalized divorce paperwork.

I think I would be prepared to show you entered the marriage in good faith.  

[Crazy Cat 42,619]

1 minute ago, PL1991 said:

Ok well my husband said that he wants to sell the house first and then file for divorce. So there are a lot of variables for which I have no control over. Timing is an issue here I believe.

 

I really do not know what to do. I feel stuck

For the I-751, you are the petitioner.  You have the power to continue the process with a waiver if you choose.  Besides, it is a possibility that your interview is still many months away.

[PL1991 0]

Right definitely I will make sure that I have all the proof. If I get my 10 year green card, do you think there will be difficulty getting naturalized? Obviously that would happen 5 years from me becoming LPR instead of 3.

[Crazy Cat 42,619]

1 minute ago, PL1991 said:

Right definitely I will make sure that I have all the proof. If I get my 10 year green card, do you think there will be difficulty getting naturalized? Obviously that would happen 5 years from me becoming LPR instead of 3.

Many people naturalize after divorce. You are correct.  You would have to apply under the 5 year rule.

[Unlockable 7,316]

Hi.

 

You need a divorce lawyer immediately. An immigration lawyer should be second. The reason I say this is because from what you posted, everything your husband wants to do may not work in your favor.

 

There may a reason he wants to sell the house first before divorcing. It is a big deal, especially if it was purchased after you two were married.

 

You NEED a good divorce lawyer now to protect yourself.

[PL1991 0]

Ok, I will bring that up during our next steps conversation today.

[mindthegap 2,610]

Divorce is not a reason for I-751 denial - all petitions are adjudicated on the evidence provided. 

 

Protect yourself - get a good divorce lawyer, and get that dealt with so you don't get screwed over. His plan of selling the house pre-divorce sounds a little suspicious...

Get copies of all joint paperwork, documents you can think of that show a joint life together NOW, so they don't mysteriously vanish (speaking from experience here). He clearly has a plan, so don't let it be dictated to you - assert and protect yourself, financially, physically, and emotionally. This is probably only going to go one way and get messier from here.

 

USCIS stuff will happen when it happens - you can't really do anything at the moment, and the long 18 month/2 year processing times right now work in your favour here...

You have an active joint petition (unless he tries again to remove himself- if he does post back and can deal with that if and when it happens). If you request a switch to a waiver filing right now, you will get RFE'd to provide a copy of the final decree within 90 days, which you won't be able to do, so you would receive a denial letter and then have a ballache of refiling/possible NTA/court appearances.

If you wait... and request a switch to a divorce waiver when nearly or actually divorced, you can switch far more easily without the added complications. 

 

42 minutes ago, PL1991 said:

Also, during one of our fights, he called USCIS and asked to have his name removed from the petition so I do not know if that was actually noted in our case file. He was told that he can't do that unless we provide finalized divorce paperwork.

 

Not true. A USC can remove themselves from a jointly filed I-751 without having to be divorced (again, speaking from my personal experience). 

 

He says that he will help with papers but then phones USCIS and requests to be removed? What a snake..

Edited February 7, 2020 by mindthegap

[Walbrzyszanka221 62]

This sucks

Edited February 7, 2020 by Walbrzyszanka221

[Walbrzyszanka221 62]

I would get a lawyers definitely.

Edited February 7, 2020 by Walbrzyszanka221