Applying for ROC, married but living separate.

[Mandysahota 3]

 

Hi,

 

I am married to USC for 3.5 years now. I have to apply for ROC in April, GC is expiring in July. I moved to States in July 2018, in May 2019 husband and I had an argument. Since then till now he is living at his parents and I’m living at our marital house (been 9 months). We are still married. He is ready to file joint petition and go to interview but I’m so confused how to go about it. He wants divorce soon too. Should I go for joint petition or it’s better to get divorce and file with a waiver? Any help @mindthegap@Villanelle

[Lucky2Lucky 2,526]

In my opinion you should file a divorce if that is your plan because part of the removal of conditions is showing proof of your relationship.. and if you are planning to divorce a waiver may be in your best interest.. staying married for the sake of ROC isn’t right IMO

Edited February 17, 2020 by Luckycuds

[Mandysahota 3]

4 minutes ago, Luckycuds said:

In my opinion you should file a divorce if that is your plan because part of the removal of conditions is showing proof of your relationship.. and if you are planning to divorce a waiver may be in your best interest

Thank you for reply. In California, it takes 6 months to get final divorce decree by the time I have to apply, I won’t have the final divorce in hand. Can I still apply with waiver, if divorce is under proceedings? 

[mindthegap 2,590]

Yes.

However, it cannot be approved without being final.

 

Note if filing jointly you can apply at any time within the 90 day period....and if filing with a divorce waiver you can file at any time - including after expiry of your card and before or after that 90 day period. This is explicitly permitted (and stated as such in the instructions).

[Mandysahota 3]

10 minutes ago, mindthegap said:

Yes.

However, it cannot be approved without being final.

 

Note if filing jointly you can apply at any time within the 90 day period....and if filing with a divorce waiver you can file at any time - including after expiry of your card and before or after that 90 day period. This is explicitly permitted (and stated as such in the instructions).

Thanks for replying. What are the chances of getting ROC approved with divorce? Any idea? I do have joint account, car insurance, health insurance, same address drivers license, same address utility bills, joint traveling history, tickets, letter from marriage counsellor, letters from family members, tons of family pictures. Bills of him buying me phone, car services, him paying for our house mortgage, all our bills on same address, invitations, cards, gifts from family, text messages and all.

[mindthegap 2,590]

9 hours ago, Mandysahota said:

 What are the chances of getting ROC approved with divorce? 

Divorce is not a reason for denial, or reason for prejudice.

All petitions are adjudicated on the evidence of bona-fide-ness provided.

[Mandysahota 3]

4 hours ago, mindthegap said:

Divorce is not a reason for denial, or reason for prejudice.

All petitions are adjudicated on the evidence of bona-fide-ness provided.

Thanks for replying! My GC is expiring in July. What would you suggest, to go for uncontested divorce with a compromise so it can be done in 6 months or I can go for contested divorce to take 50% of everything. Would filing a contested divorce drag and be timing consuming? Will Immigration give me enough time to send them the final divorce decree? Or getting it done with compromise by not asking anything from husband be better because this might be faster (in 6months)

Edited February 18, 2020 by Mandysahota

[NikLR 13,227]

On 2/18/2020 at 11:41 AM, Mandysahota said:

Thanks for replying! My GC is expiring in July. What would you suggest, to go for uncontested divorce with a compromise so it can be done in 6 months or I can go for contested divorce to take 50% of everything. Would filing a contested divorce drag and be timing consuming? Will Immigration give me enough time to send them the final divorce decree? Or getting it done with compromise by not asking anything from husband be better because this might be faster (in 6months)

Contested divorces take longer.  Just because it's uncontested doesn't mean you get nothing.  That's up to a judge. 

You file the ROC when it's time file regardless if your divorce is finalized or not. They will RFE for your divorce decree. 

[Mandysahota 3]

On 2/21/2020 at 6:02 AM, NikLR said:

Contested divorces take longer.  Just because it's uncontested doesn't mean you get nothing.  That's up to a judge. 

You file the ROC when it's time file regardless if your divorce is finalized or not. They will RFE for your divorce decree. 

Thanks for replying!! Do you have any idea what happens if I get RFE for divorce certificate but divorce is not yet final. I know I will get 87 days to send it but what if divorce doesn’t get finalised by then and I don’t get divorce decree? Would the case be sent to Immigration court, how long it can stay there? Any idea? @mindthegap

[Mandysahota 3]

I have filed divorce 2 days back and my green card is expiring in July. Should I apply for ROC now or wait till June-July? What’s better? 

[Just Paul 4,595]

33 minutes ago, Mandysahota said:

I have filed divorce 2 days back and my green card is expiring in July. Should I apply for ROC now or wait till June-July? What’s better? 

Yes file.  Under divorce waiver you can file anytime.

[Mandysahota 3]

I have filed divorce 2 days back.  I have to do taxes and my husband is asking me to do joint taxes. My husband doesn’t know that I have filed divorce yet. Should I go for joint taxes or separate? Would there be any issues in ROC if I do joint taxes after filing for divorce? Any suggestions?

[Just Paul 4,595]

13 minutes ago, Mandysahota said:

I have filed divorce 2 days back.  I have to do taxes and my husband is asking me to do joint taxes. My husband doesn’t know that I have filed divorce yet. Should I go for joint taxes or separate? Would there be any issues in ROC if I do joint taxes after filing for divorce? Any suggestions?

Married filing separately is a good option.

 

At what point is your husband going to be served the divorce?

[Mandysahota 3]

1 minute ago, Paul & Mary said:

Married filing separately is a good option.

 

At what point is your husband going to be served the divorce?

Perhaps by next week