Separating right before ROC?

[davidvs 337]

Sorry if this gets confusing.... 

 

Wife's cousin came in 2017 on a tourist visa and was staying with us. She started dating a guy and they eventually got married in 2018. They filed for AOS and she received her conditional GC in September of 2019. She should be filing for ROC at the end of June. They've had a rough go of it from the beginning, but I believe the marriage was in good faith. Due to his finances (don't buy bitcoin on your credit card) they have been living with his parents since they got married. They don't have that much in the way of assets or finances to conjoin. They recently relocated with his parents to another state. She had hoped a change of scenery would get him to be a bit more independent, but that really hasn't happened. He is now questioning if he wants to go through with helping her file for ROC and has brought up that he is thinking about divorce. He doesn't want his parents to be on the hook for her support if they do get divorced (he would need a cosponsor), which I do understand. 

 

My question is as follows: I know that a 751 divorce waiver requires proof that divorce proceedings have begun, but what do you do when a spouse does not want to file for ROC but no divorce or separation has actually occurred yet? (Support is not an issue, as I am willing to be her sponsor)

 

Also, what are the legal/ethical issues if they were to file for ROC knowing that they would be divorced soon after. (In this case I would still be the cosponsor)

 

Thanks for your advice.

 

[igoyougoduke 1,656]

you dont file ROC than her legal status will expire as the green card was conditional.  She can be subjected to removal. you file i-751 and than get divorce process started to meet then conditions of divorce waiver. 

 

You cant have legs across both sides of the pond. Either get divorced  and file with waiver or stay married and spouse is needed at i-751 interview 

 

 

[arken 4,197]

Sponsor or cosponsor isn't required for ROC.
 

They can send ROC jointly at this time since they are still married. When the divorce happens, she can update that to divorce waiver. 
 

If the divorce is to happen, tell her to initiate it soon then. No having divorce finalized and not being together when the interview happens will create a lot of trouble for her.

Edited May 25, 2021 by arken

[Boiler 45,492]

Did his parents sign on as joint Sponsors when she got her GC, sounds like they did, so this will not change that.

 

May well bring things to a head if he does not wish to participate in removing conditions.

 

[Chancy 6,241]

9 hours ago, davidvs said:

Support is not an issue, as I am willing to be her sponsor

 

You can't be her sponsor as far as the I-864 is concerned.  That ship has sailed since she already has her GC.  Whoever signed the I-864 form(s) for her adjustment of status will continue to be her financial sponsor(s).  Divorce or ROC will not terminate the sponsor's financial obligation.

 

[milimelo 4,477]

Divorcing will NOT remove the sponsorship requirement so not smart to refuse to do ROC because of that (she could turn around and ask for $$$ for maintenance per I-864). Best to just do ROC - she has enough evidence for it? If it comes to a divorce she can update her application to divorce one.