ROC after divoce

[Hans-Peter 2]

Hey y'all.

 

I got my green card after marrying a US-C back in December 2018.

 

We had been together for 2 years, got married in April 2018, we married in Bona Fides. The GC interview in December 2018 went very well and was super easy. Things turned a bit rough since my husband became very violent and abusive (verbally and physically). We separated in July 2019 and filed for divorce in December 2019 (summary of dissolution - AKA amicable divorce - in the state of California).  Prior to December 2020 I have to file for ROC alone. I am still waiting for the final divorce decree. 

 

I saw a counselor for over 7 months after the abuse episodes started and this specialists told me she would write a statement of her diagnosis and assessment of the case. 

I have some other pictures taken (on top of the ones we presented for our initial interview) and a lot of text/calls. One of them basically states that he hit me. On top of that I have shared car insurance, shared health insurance, and lease. We now live apart of course. 

I was planning on writing a statement for the USCIS officer to tell my story. I'll attach the counselor's document. 

I saw an attorney a few months ago and she felt that the case was straight-forward and easy to approve, yet she disclaimed 'nothing is written on stone'.

 

What do you guys recommend I should do in order to prepare well?

Will an interview be required?

Any changes you have noticed with this new covid-era?

Any additional advice?

Not gonna lie, I'm terrified. 

 

Thank you,

 

Hans-Peter

 

 

 

 

[Georgia16 2,858]

Sometimes interview are required and sometimes not. 

So are you filing with divorce waiver or also abuse? 

It's sometimes easier to just file with a divorce waiver.

 

You should also have taxes together. Do you have any bills showing you lived at the same address? Driver license showing same address? 

[Quarknase 1,072]

Agree with @Georgia16 that filing with a divorce waiver might be easier, since you "only" have to proof bonafide marriage. If you file with divorce and abuse waiver, you will have to provide proof for severe mental and/or physical abuse as well (such as psychological evaluation, police report, etc). It sounds like you have parts of if, but the question is if you need to go down that path.

The only benefit that (I believe) an approved abuse waiver brings with it that you will be eligible for Citizenship after 3 years (as opposed to 5). I am not 100% sure about this, but remember that I've read it somewhere while researching VAWA back in 2016.

 

As stated above, commingling finances, proof of shared residence, health insurance together, shared bank accounts, taxes filed jointly are all good proofs for bonafide marriage. Don't be terrified, many have ROC'ed with divorce waiver before. Be grateful that you survived the abuse!

[igoyougoduke 1,656]

1 hour ago, Hans-Peter said:

Hey y'all.

 

I got my green card after marrying a US-C back in December 2018.

 

We had been together for 2 years, got married in April 2018, we married in Bona Fides. The GC interview in December 2018 went very well and was super easy. Things turned a bit rough since my husband became very violent and abusive (verbally and physically). We separated in July 2019 and filed for divorce in December 2019 (summary of dissolution - AKA amicable divorce - in the state of California).  Prior to December 2020 I have to file for ROC alone. I am still waiting for the final divorce decree. 

 

I saw a counselor for over 7 months after the abuse episodes started and this specialists told me she would write a statement of her diagnosis and assessment of the case. 

I have some other pictures taken (on top of the ones we presented for our initial interview) and a lot of text/calls. One of them basically states that he hit me. On top of that I have shared car insurance, shared health insurance, and lease. We now live apart of course. 

I was planning on writing a statement for the USCIS officer to tell my story. I'll attach the counselor's document. 

I saw an attorney a few months ago and she felt that the case was straight-forward and easy to approve, yet she disclaimed 'nothing is written on stone'.

 

What do you guys recommend I should do in order to prepare well?

Will an interview be required?

Any changes you have noticed with this new covid-era?

Any additional advice?

Not gonna lie, I'm terrified. 

 

Thank you,

 

Hans-Peter

 

 

 

 

it does not matter as you can file with divorce waiver in your case as you have entered the marriage in good faith.

[Hans-Peter 2]

16 hours ago, Georgia16 said:

Sometimes interview are required and sometimes not. 

So are you filing with divorce waiver or also abuse? 

It's sometimes easier to just file with a divorce waiver.

 

You should also have taxes together. Do you have any bills showing you lived at the same address? Driver license showing same address? 

I do. I have several bills with his/our address, my driver's license too. We shared health and car insurance.

 

 

I am not sure yet. I will wait for the final decree to be sent to me - it should be done soon, they told us 6 months back in January but then Covid hit. I was planning on sending the divorce decree if final, if not I might have to file with the waiver.

 

I was not sure if I was goint to file for abuse too, what do you recommend? I will have a specialist that will testify for abuse. but otherwise its my word.

 

Thank you!!

Edited July 11, 2020 by Hans-Peter

[Georgia16 2,858]

3 hours ago, Hans-Peter said:

I do. I have several bills with his/our address, my driver's license too. We shared health and car insurance.

 

 

I am not sure yet. I will wait for the final decree to be sent to me - it should be done soon, they told us 6 months back in January but then Covid hit. I was planning on sending the divorce decree if final, if not I might have to file with the waiver.

 

I was not sure if I was goint to file for abuse too, what do you recommend? I will have a specialist that will testify for abuse. but otherwise its my word.

 

Thank you!!

That is completely up to you to decide what route you want to go. I personally would have just gone with the divorce waiver as there is much less to prove.

Also you can file for ROC as soon as you have your divorce decree you do not have to wait for the 90 days to kick in.

[LizzyGreen 110]

Kindly update your timeline as there is no information about your journey this. This is a platform where people learn others experience on their journey through immigration in the USA.

 

Like others had advice, use the divorce waiver, other wise youll be in it for a long haul.

 

Good luck

[Hans-Peter 2]

22 hours ago, Quarknase said:

Agree with @Georgia16 that filing with a divorce waiver might be easier, since you "only" have to proof bonafide marriage. If you file with divorce and abuse waiver, you will have to provide proof for severe mental and/or physical abuse as well (such as psychological evaluation, police report, etc). It sounds like you have parts of if, but the question is if you need to go down that path.

The only benefit that (I believe) an approved abuse waiver brings with it that you will be eligible for Citizenship after 3 years (as opposed to 5). I am not 100% sure about this, but remember that I've read it somewhere while researching VAWA back in 2016.

 

As stated above, commingling finances, proof of shared residence, health insurance together, shared bank accounts, taxes filed jointly are all good proofs for bonafide marriage. Don't be terrified, many have ROC'ed with divorce waiver before. Be grateful that you survived the abuse!

I have one dumb question, what do you mean with the divorce waiver, I might have the finalized divorce by September. If I do, do I still use the divorce waiver?

 

 

Thank you!

[Hans-Peter 2]

3 hours ago, Georgia16 said:

That is completely up to you to decide what route you want to go. I personally would have just gone with the divorce waiver as there is much less to prove.

Also you can file for ROC as soon as you have your divorce decree you do not have to wait for the 90 days to kick in.

Would you file with divorce waiver now? instead of waiting until the divorce is final in a few months (I hope)?

What is the main benefit of the waiver?

 

Thank you!

[Georgia16 2,858]

1 hour ago, Hans-Peter said:

Would you file with divorce waiver now? instead of waiting until the divorce is final in a few months (I hope)?

What is the main benefit of the waiver?

 

Thank you!

It has to be filed with the divorce decree if filed early or you have to wait til the 90 days before your GC expires and then you'll file with divorce waiver either with the divorce decree or without (if you don't have it).

 

Divorce waiver is filed with the beneficiary is no longer married to or in process of divorce when ROC is filed.

[Quarknase 1,072]

3 hours ago, Hans-Peter said:

I have one dumb question, what do you mean with the divorce waiver, I might have the finalized divorce by September. If I do, do I still use the divorce waiver?

 

 

Thank you!

For form I-751, in any instance if you don’t file jointly with your spouse, you file with a waiver. This is the official site, please make yourself familiar with the instructions (link to PDF on the site) https://www.uscis.gov/i-751

 

On page 3 of the I-751 form, you would then check the waiver option that applies to you (divorce, but entered in good faith is likely to be the easiest in your case). As others stated, you’ll file either when your 90 day window opens, or anytime before that when you receive the divorce decree. 
 

It’s not either or (waiver or final divorce), you will need the divorce decree to be approved with the waiver.

Hope this helps.

[Hans-Peter 2]

On 7/11/2020 at 4:52 PM, Quarknase said:

For form I-751, in any instance if you don’t file jointly with your spouse, you file with a waiver. This is the official site, please make yourself familiar with the instructions (link to PDF on the site) https://www.uscis.gov/i-751

 

On page 3 of the I-751 form, you would then check the waiver option that applies to you (divorce, but entered in good faith is likely to be the easiest in your case). As others stated, you’ll file either when your 90 day window opens, or anytime before that when you receive the divorce decree. 
 

It’s not either or (waiver or final divorce), you will need the divorce decree to be approved with the waiver.

Hope this helps.

Oh I see, thank you very much!

[Hans-Peter 2]

On 7/10/2020 at 1:31 PM, Hans-Peter said:

Hey y'all.

 

I got my green card after marrying a US-C back in December 2018.

 

We had been together for 2 years, got married in April 2018, we married in Bona Fides. The GC interview in December 2018 went very well and was super easy. Things turned a bit rough since my husband became very violent and abusive (verbally and physically). We separated in July 2019 and filed for divorce in December 2019 (summary of dissolution - AKA amicable divorce - in the state of California).  Prior to December 2020 I have to file for ROC alone. I am still waiting for the final divorce decree. 

 

I saw a counselor for over 7 months after the abuse episodes started and this specialists told me she would write a statement of her diagnosis and assessment of the case. 

I have some other pictures taken (on top of the ones we presented for our initial interview) and a lot of text/calls. One of them basically states that he hit me. On top of that I have shared car insurance, shared health insurance, and lease. We now live apart of course. 

I was planning on writing a statement for the USCIS officer to tell my story. I'll attach the counselor's document. 

I saw an attorney a few months ago and she felt that the case was straight-forward and easy to approve, yet she disclaimed 'nothing is written on stone'.

 

What do you guys recommend I should do in order to prepare well?

Will an interview be required?

Any changes you have noticed with this new covid-era?

Any additional advice?

Not gonna lie, I'm terrified. 

 

Thank you,

 

Hans-Peter

 

 

 

 

Hey y'all,

 

I just received the court notice of Dissolution of marriage (which is the simplest form of divorce, to my understanding). Now shall I wait before applying for ROC? or just do it now.

Have you guys had any experience with Dissolution of marriage in the past? 

 

Thank you!

[Hans-Peter 2]

On 7/10/2020 at 2:31 PM, Quarknase said:

Agree with @Georgia16 that filing with a divorce waiver might be easier, since you "only" have to proof bonafide marriage. If you file with divorce and abuse waiver, you will have to provide proof for severe mental and/or physical abuse as well (such as psychological evaluation, police report, etc). It sounds like you have parts of if, but the question is if you need to go down that path.

The only benefit that (I believe) an approved abuse waiver brings with it that you will be eligible for Citizenship after 3 years (as opposed to 5). I am not 100% sure about this, but remember that I've read it somewhere while researching VAWA back in 2016.

 

As stated above, commingling finances, proof of shared residence, health insurance together, shared bank accounts, taxes filed jointly are all good proofs for bonafide marriage. Don't be terrified, many have ROC'ed with divorce waiver before. Be grateful that you survived the abuse!

So I just received my 'Summary of Dissolution' (AKA friendly divorce in CA). Should I apply now or wait for my 3 months prior to December?

I understand what you mean, I think I will apply with divorce waiver only.

 

Thanks for your help!

[Ku Mưa 29]

18 minutes ago, Hans-Peter said:

So I just received my 'Summary of Dissolution' (AKA friendly divorce in CA). Should I apply now or wait for my 3 months prior to December?

I understand what you mean, I think I will apply with divorce waiver only.

 

Thanks for your help!

You can apply now. Don't need to wait.