It's over...Preparing for the Next Steps!

[Villanelle 4,122]

Again- keep in mind due to his ROC he will be forced to take some kind of action and when he does its going to get the ball rolling so to speak. Once that happens wherever you guys have residency established will be the jurisdiction that controls custody matters. And that can be very difficult/impossible to change with out both of you in agreement to changing it. 

 

Ideally the best scenario is for you guys to be able to openly discuss things and make plans together for how you will live separately as divorced co-parents. This is not always possible and can be very hard when one person has destroyed the relationship with cheating and lies. If you cant come up with an agreement the court will decide which is good but its also bad because they courts idea of whats best may not line up with what you think is best. 

 

Right now there is a giant countdown clock ticking down and you have to decide if you want to point it out to him and try to work together to come up with a plan that benefits you- or- not draw attention to it and wait for him to figure it out. But if so you need to understand what possible ramifications there can be in doing that and if theres any way to avoid them. The main one being ending up with a court having jurisdiction and being unable to then move. 

 

Because there are so many variables and so many paths you can take it is definitely a good idea to take some time to think everything over. I highly recommend though before committing to a path to post back for opinions. While this is an immigration forum and not a divorce/custody one you will still get valuable advice and opinions and if nothing else a discussion of how your chosen path would impact immigration if it does. 

 

So shifting back to immigration - You should be aware that it is also possible for ROC to be approved jointly when you are separated. This requires the separation to be disclosed and both spouses to attend interview, so you must be in support of his ROC, sign the 751 and attend the interview. You also should be aware that many people are ignorant about immigration and theres a high chance he gets bad advice on how to proceed with his ROC. Some people dont realize they can be approved with a divorce waiver and get bad information leading them to believe they need to be a victim of abuse to get approved with out their spouse. This leads them to attempting to file (or actually filing) false claims of DV. False claims of DV are also often used in divorce court. So when someone posts about having concerns their immigrant spouse was a fraud- the responsible thing to do is advise them to protect themselves from false DV claims by never being alone with the person. I dont know how likely it is for him to do this but Im putting it out there anyway...

 

Re the 864. It has been explained its in effect until he gets 40Q of credits or becomes a citizen. Most likely he will attempt to become a citizen since there are perks for being one like being able to sponsor family. If thats his ultimate goal then he will become one and the 864 goes away. However you also stated he has a bad work ethic/history so you should be aware that the 864 has been used in both divorce and separate civil proceedings to order the sponsor spouse to pay $ each month to keep the immigrant at the poverty guidelines. I know this is not what you want to hear so Im sorry for having to say it. 

 

Lastly divorce can be filed under various grounds. Every jurisdiction has specific terms and rules for what would fall under 'wording of fraud' if you are going to explore trying to have that included. But the main thing is the only thing that matters is whats on the final decree as the grounds. It means nothing if you file under fraud- it only matters if its granted based on fraud reasons. The same applies to adultery. For it to matter or cause any impact it must be final ruling- anything else is nothing more then allegations. 

 

 

[Ryan H 3,812]

***Several off topic posts removed.***