Questions about filing I-751 ROC with a divorce waiver

[Striped-Chipmunk 0]

Hi Visajourney Community! 🤗

 

I have a few questions about the process of filing the I-751 with a divorce waiver.

And before anyone comments that I should fill in my timeline, I do have a “real” visajourney profile, but I created this new one because some people, who follow my profile shouldn’t know about the divorce yet. Therefore, I also don’t give the exact dates and the country of origin.

But I will post updates with my real profile once I started the process.

So, I am from a central European country with no high fraud rate.

I arrived in the U.S. in January 2020 with a K-1 visa and had my AOS interview in August 2020 and got approved on the spot. We went through the whole process without a lawyer and without any RFEs.

I wouldn’t have been able to go through the process so smoothly without you guys here 😊 it was a huge help!

 

My questions are:

1.) When is the best time to file for ROC?

I know, with a divorce waiver I could file immediately, but is that also the most sensible? Especially, when my Greencard is still valid for another year. I worry that the sooner I apply, the sooner I will have to leave the country in case I get denied ☹ but on the other hand, I also want to be done with that whole thing and don’t want to worry about it anymore.

 

2.) How does it work with the name change on the Greencard?

So, when I file ROC with my maiden name it will also show up like that on my extension letter, but what about my Greencard? Do I have to change that too or will I just always carry a copy of my divorce decree, GC and extension letter with me?

 

3.) I’m thinking of moving to a different state. I won’t apply for ROC before I move because I know the USCIS has issues with address changes. But I wonder, does it affect my case negatively when I move while still in the divorce process? I’m thinking of filing for divorce, then move somewhere else and once the divorce went through apply for ROC.

 

4.) How detailed do you write the explanation for the USCIS about how the marriage went and how it happened that you decided to get divorced?

I’m concerned that I might write too many details and that this could also be misunderstood or seen negatively by the officer.

 

5.) Do you only have to send evidence of a bonafide marriage or does it also make sense to send proof that the marriage didn’t work out? For example, I do have text messages between friends and me talking about how bad things are and what’s going on.

 

6.) I would like to know, if you guys think that my evidence will be enough or if I should prepare for a denial and how likely a denial will be in your opinion… I have the following:

- my expired and new driver’s license & my husband’s (same address)

- firearm permits of both of us (same address)

- copies of USPS informed delivery mails which shows both our mail comes to the same address

- vet bills for our pets with both our names on it

- car insurance letters with both on us on the bills and policy (already submitted at AOS interview)

- him being on my health care plan

- in the past me being on his health care plan (already submitted at AOS interview)

- he is my emergency contact at work

- 2020 tax return of filing jointly

- copies of our credit cards with the same number where I am an authorized user

- me being a beneficiary of his life insurance (already submitted at AOS interview)

- me being a beneficiary of his 401k (already submitted at AOS interview)

- cards from my family addressed to both of us

- daily whatsapp messages (e.g., I always let him know when I arrive at work)

- pictures of us

 

7.) We don’t have any loans or mortgages together because my husband already had two paid of vehicles and paid of house when I came here. I just had to move in and use one of the cars.

Also, we don’t really use the credit cards we have together because we organize our finances differently. For example, I simply pay for his health insurance (which is pretty expensive) and therefore I don’t have to pay for utility bills, gas and groceries. Therefore, we don’t have much comingled finances and also barely any activity on the bank statement for the credit cards.

Due to covid we also didn’t have a wedding ceremony, no honeymoon and also no trips together.

Is that an issue? Would it make sense to explain these things in the explanation letter as well?

 

 

Thank you all in advance! And sorry for the long post.

I’ve always appreciated how helpful this community is 😊

[da95826 387]

49 minutes ago, Striped-Chipmunk said:

1.) When is the best time to file for ROC?

When you are ready, after you file for devorce or when you get your devorse decree.

49 minutes ago, Striped-Chipmunk said:

2.) How does it work with the name change on the Greencard?

Not sure, but can wait until you get your naturalization to change name

49 minutes ago, Striped-Chipmunk said:

does it affect my case negatively when I move while still in the divorce process?

Moving has no negative effect on case. May slow the process down a little.

49 minutes ago, Striped-Chipmunk said:

How detailed do you write the explanation for the USCIS about how the marriage went and how it happened that you decided to get divorced?

Not needed for why you got divorced, only explain the good faith proof part of your marriage. Devorce waiver only requires a devorce decree with no other proof needed beyond good faith marriage evidence.

49 minutes ago, Striped-Chipmunk said:

5.) Do you only have to send evidence of a bonafide marriage or does it also make sense to send proof that the marriage didn’t work out?

You must send proof of a bona fide marriage up to your separation or you will not be approved. Devorce decree is all that needed for a devorce waiver so why you separated is not relevant.

 

49 minutes ago, Striped-Chipmunk said:

6.) I would like to know, if you guys think that my evidence will be enough or if I should prepare for a denial and how likely a denial will be in your opinion…

Evidence looks okay, denial looks unlikely to me.

 

Edited March 28, 2021 by da95826

[Striped-Chipmunk 0]

Thank you for your response @da95826!

 

I do know for sure that I don't have to wait for the naturalization process to change my name. I can definitely do it once I'm divorced and filing for ROC. I just wondered how it works with having documents in different names. Also, I don't even know yet if I ever want to get naturalized.

 

I've read on here before multiple times that an explanation why the marriage didn't work out should be included in the ROC package. Not sure why you say I shouldn't 😥

[da95826 387]

If you are going for an abuse waiver then you would need proof of abuse so explanations of negative situations in the marriage are relevant, with a devorce waiver case you need to submit a devorce decree there no proof needed beyond the devorce decree for the devorce.

 

USCIS is only looking for a devorce decree and proof of good faith marriage in a devorce case. Proof of a bad marriage is not needed only the devorce decree itself.

Edited March 28, 2021 by da95826

[Mike E 11,739]

3 hours ago, Striped-Chipmunk said:

2.) How does it work with the name change on the Greencard?

 

So, when I file ROC with my maiden name it will also show up like that on my extension letter, but what about my Greencard? Do I have to change that too or will I just always carry a copy of my divorce decree, GC and extension letter with me?

If you have the divorce decree, before you file that document is your legal change of name document because in the decree you state your name as a divorcee.  
 

Otherwise, I too don’t know how it works. 

[Striped-Chipmunk 0]

Thank you both for your response, @Mike E & @da95826 😊 Definitely appreciated.

 

But maybe some more experienced members could kick in because some things are still not fully answered. And some answers were a little controversial to what I have read on here before.

 

How about @Lucky Cat, @Greenbaum, @JFH, @pushbrk?

 

Thank you all 🤗

[da95826 387]

In terms of your devorce waiver case you would submit evidence of a bona fide marriage, if you and your spouse went to a marriage counselor together then yes I would submit that proof as part of your case, a police report that you and your spouse had an argument would be proof you were together as a married couple as well. Submit proof that you were in a marriage together up to the point you were no longer together and everything you did to stay together or documentation that bad things that happened as a couple. You don’t need to prove you were in a bad marriage you need to prove you were together as a married couple before the devorce.

[pushbrk 12,898]

To be clear, you must file ROC promptly, once you are divorced, as in have a final decree of divorce. 

 

I've never dealt with changing the name on the green card.  You could ask for that when you file.  See that your divorce decree indicates you are returning to your maiden or previous name etc.

 

Yes, I think your evidence of relationship is enough.

 

How to deal with explaining the divorce really depends on the circumstances.  I wouldn't pretend to advise on that without knowing the circumstances.

 

 

[Striped-Chipmunk 0]

28 minutes ago, pushbrk said:

To be clear, you must file ROC promptly, once you are divorced, as in have a final decree of divorce. 

 

I've never dealt with changing the name on the green card.  You could ask for that when you file.  See that your divorce decree indicates you are returning to your maiden or previous name etc.

 

Yes, I think your evidence of relationship is enough.

 

How to deal with explaining the divorce really depends on the circumstances.  I wouldn't pretend to advise on that without knowing the circumstances.

 

 

 

Thank you for your reply! 😊

 

I didn't know I have to file immediately after getting the divorce decree. Good to know. Is there a timeframe when I have to do that after having the decree? I would probably like to change my name on bank accounts, etc. first, so when I send the money order, the name matches. Also, do you know if I can do that with a debit card? I don't have a credit card.

 

Okay, so explaining the circumstances of the marriage and divorce are not necessary? I can just send all the evidence and divorce decree and that's it? I really thought I kind of "have to" explain something to avoid RFEs.

[pushbrk 12,898]

2 minutes ago, Striped-Chipmunk said:

 

Thank you for your reply! 😊

 

I didn't know I have to file immediately after getting the divorce decree. Good to know. Is there a timeframe when I have to do that after having the decree? I would probably like to change my name on bank accounts, etc. first, so when I send the money order, the name matches. Also, do you know if I can do that with a debit card? I don't have a credit card.

 

Okay, so explaining the circumstances of the marriage and divorce are not necessary? I can just send all the evidence and divorce decree and that's it? I really thought I kind of "have to" explain something to avoid RFEs.

Yes, you can pay fees with a debit card.  The form instructions will advise you of how much time you have to file after a divorce.  You can read them as well as I can, so you do it. 😉

 

I did not say explaining the circumstances of the divorce are not necessary.  Read again.

 

How to deal with explaining the divorce really depends on the circumstances.  I wouldn't pretend to advise on that without knowing the circumstances.

[Striped-Chipmunk 0]

1 minute ago, pushbrk said:

Yes, you can pay fees with a debit card.  The form instructions will advise you of how much time you have to file after a divorce.  You can read them as well as I can, so you do it. 😉

 

I did not say explaining the circumstances of the divorce are not necessary.  Read again.

 

How to deal with explaining the divorce really depends on the circumstances.  I wouldn't pretend to advise on that without knowing the circumstances.

 

Oh, I didn't know the instructions say it. Sorry 😬

 

Yeah, well... I don't understand what you mean by "I wouldn't pretend to advise" the sentence structure is kind of odd to me. Still struggle with some grammar in English. I would appreciate it if you could explain it in different words.

[pushbrk 12,898]

4 minutes ago, Striped-Chipmunk said:

 

Oh, I didn't know the instructions say it. Sorry 😬

 

Yeah, well... I don't understand what you mean by "I wouldn't pretend to advise" the sentence structure is kind of odd to me. Still struggle with some grammar in English. I would appreciate it if you could explain it in different words.

Just take out the word pretend.

[mindthegap 2,590]

4 hours ago, Striped-Chipmunk said:

I didn't know I have to file immediately after getting the divorce decree. Good to know. 

You do not. 
 

 

4 hours ago, Striped-Chipmunk said:

Is there a timeframe when I have to do that after having the decree? 

Any time before a final order of removal by an immigration judge, which is the point at which you cease to be a permanent resident and can no longer file for removal of conditions. 
I don’t even need to quote CFR or policy manuals here, as it is very clearly stated on the I-751 instructions.