ROC

[Becs 1]

Does anybody knows when it is wise to file for divorce after receiving the ROC on my greencard? my U.S. husband broke up with me a couple of months ago (we have been struggling for a while before that) and now I am torn between file for divorce, considering that he is someone very irresponsible and I am afraid I will be affected by his bad financial decisions and not messing my citizen application up. I am already elegible to apply but I haven't had the money to talk to an immigration lawyer yet. Your help will be much appreciate it.

[Boiler 45,486]

You are applying to naturalise on the 5 year basis?

[Becs 1]

2 minutes ago, Boiler said:

You are applying to naturalise on the 5 year basis?

I am not applying just yet, for multiple reasons, one: I don't have the money because my idiotic husband just took off and now I have to deal with getting another apartment, moving fees, etc, two: I have only been a permanent resident for a little more than 3 years now and three: I need some legal advise about when it is wise to file for divorce, so far I am just trying to protect myself financially from my ex terrible choices but having my immigration status in mind.

[Boiler 45,486]

You can file any time you have a 10 year GC

[Becs 1]

2 minutes ago, Boiler said:

You can file any time you have a 10 year GC

Yes, I got mine already on may 26th, 2021. My ex left on june (while I was gone visiting my family in my home country) I really would like to get a divorce already, but I am not sure how that will look to USCIS, it seems too soon I guess

[Boiler 45,486]

46 minutes ago, Becs said:

Yes, I got mine already on may 26th, 2021. My ex left on june (while I was gone visiting my family in my home country) I really would like to get a divorce already, but I am not sure how that will look to USCIS, it seems too soon I guess

It is of course your call, well he may institute the divorce of course.

[Becs 1]

1 hour ago, Boiler said:

It is of course your call, well he may institute the divorce of course.

Well, thank you for your input, I will see what works best for both of us. 🙏🏽

[Scandi 4,166]

2 hours ago, Becs said:

Does anybody knows when it is wise to file for divorce after receiving the ROC on my greencard? my U.S. husband broke up with me a couple of months ago (we have been struggling for a while before that) and now I am torn between file for divorce, considering that he is someone very irresponsible and I am afraid I will be affected by his bad financial decisions and not messing my citizen application up. I am already elegible to apply but I haven't had the money to talk to an immigration lawyer yet. Your help will be much appreciate it.

You're not eligible to apply for citizenship yet since you have to be in a bonafide relationship with your husband in order to file under the three year rule. Since you're broken up and separated you're not eligible, you need to wait to file until you've been a greencard holder for 5 years (minus 90 days).

File for divorce whenever you want, the sooner the better if you've already decided this is what you want to do. Once you're finally eligible to file for citizenship ~2 years from now, your husband will have nothing to do with your application anyway, so a divorce won't do anything to your application. 

Edited August 29, 2021 by Scandi

[HRQX 4,145]

***I have moved this topic to Effects of Major Family Changes on Immigration Benefits forum*****

[Becs 1]

12 hours ago, Scandi said:

You're not eligible to apply for citizenship yet since you have to be in a bonafide relationship with your husband in order to file under the three year rule. Since you're broken up and separated you're not eligible, you need to wait to file until you've been a greencard holder for 5 years (minus 90 days).

File for divorce whenever you want, the sooner the better if you've already decided this is what you want to do. Once you're finally eligible to file for citizenship ~2 years from now, your husband will have nothing to do with your application anyway, so a divorce won't do anything to your application. 

Thank you for your response, I actually knew the 5 year rule, my concern is more about how is it going to look to USCIS to file for divorce so soon. I don't want to mess up my citizenship application.

[Mike E 11,739]

16 hours ago, Boiler said:

You can file any time you have a 10 year GC

???

 

Divorced LPRs can be married for less than 3 years, get ROC approved, and get a 10 year GC. 
 

How can they apply for citizenship before 5 years (less 90 days)?

[Boiler 45,486]

She  wants to get divorced.

[Becs 1]

15 hours ago, Scandi said:

You're not eligible to apply for citizenship yet since you have to be in a bonafide relationship with your husband in order to file under the three year rule. Since you're broken up and separated you're not eligible, you need to wait to file until you've been a greencard holder for 5 years (minus 90 days).

File for divorce whenever you want, the sooner the better if you've already decided this is what you want to do. Once you're finally eligible to file for citizenship ~2 years from now, your husband will have nothing to do with your application anyway, so a divorce won't do anything to your application. 

Thank you for your suggestion

[Becs 1]

53 minutes ago, Mike E said:

???

 

Divorced LPRs can be married for less than 3 years, get ROC approved, and get a 10 year GC. 
 

How can they apply for citizenship before 5 years (less 90 days)?

I should have probably explained that my husband and I are in somewhat good terms, and since he feels really guilty for leaving he wants to help me as much as he can with my application, therefore. If I were to apply on the 3 year rule (which I am already elegible for) I could, but since I rather be divorced (mostly to no be affected by his choices) I think I will wait for the 5 year rule to apply to my case.

[Scandi 4,166]

1 hour ago, Becs said:

I should have probably explained that my husband and I are in somewhat good terms, and since he feels really guilty for leaving he wants to help me as much as he can with my application, therefore. If I were to apply on the 3 year rule (which I am already elegible for) I could, but since I rather be divorced (mostly to no be affected by his choices) I think I will wait for the 5 year rule to apply to my case.

You keep saying you're eligible, but you're not. Doesn't matter on how good terms you are with your spouse, if you're broken up and/or separated you're not eligible. 

 

A divorce won't affect your citizenship application at all since you will be filing under the 5 year rule.