ROC

[Scandi 4,166]

2 hours 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 think he meant file for divorce, not citizenship. 

[Sagior 15]

22 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.

My opinion:

I thing you should forget the citizenship for now.

According to your profile you have an I-751 case pending. If USCIS call you for an interview, both of you will have to attend but your ex-honey already run away. How you will do it? 

Maybe you need to change your I-751application to waiver, then apply for citizenship alone on the 5th year after your divorce will be final.  Just focus on the 10 year GC for now. Besides that, form N-400 requires joint financial documents that you will not able to produce now.

[HRQX 4,145]

39 minutes ago, Sagior said:

Maybe you need to change your I-751application to waiver,

OP's I-751 was approved in May 2021:

 

[Sagior 15]

28 minutes ago, HRQX said:

OP's I-751 was approved in May 2021:

 

Read the requirements for N-400  https://www.uscis.gov/sites/default/files/document/guides/M-477.pdf  If you file now, will be based on 3 years married to a US citizen and you will have to produce joint financial records.I don't see how you will be able to produce those documents according to M-477. If you divorce now you will have to wait and file on 5 years. You make the call. Good luck

[HRQX 4,145]

2 minutes ago, Sagior said:

If you divorce now you will have to wait and file on 5 years.

Correct, I was just reminding you that OP doesn't have a pending I-751 since it was already approved.

[Mike E 11,739]

7 hours 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.

Yes.  Hence my question.  
 

I remain perplexed by the answer from the other poster but that’s ok.  

[Becs 1]

20 hours ago, Sagior said:

My opinion:

I thing you should forget the citizenship for now.

According to your profile you have an I-751 case pending. If USCIS call you for an interview, both of you will have to attend but your ex-honey already run away. How you will do it? 

Maybe you need to change your I-751application to waiver, then apply for citizenship alone on the 5th year after your divorce will be final.  Just focus on the 10 year GC for now. Besides that, form N-400 requires joint financial documents that you will not able to produce now.

Thank you for your comment. I actually already got my 10 year GC, and yes, I think the best idea it is just to wait.

18 hours ago, Sagior said:

Read the requirements for N-400  https://www.uscis.gov/sites/default/files/document/guides/M-477.pdf  If you file now, will be based on 3 years married to a US citizen and you will have to produce joint financial records.I don't see how you will be able to produce those documents according to M-477. If you divorce now you will have to wait and file on 5 years. You make the call. Good luck

Thank you very much.

[Becs 1]

17 hours ago, Mike E said:

Yes.  Hence my question.  
 

I remain perplexed by the answer from the other poster but that’s ok.  

What do you mean? 

[Mike E 11,739]

15 minutes ago, Becs said:

What do you mean? 

I think to file N-400,  this is correct:

 

* you have to wait 5 days less 90 days from from “residence since” date on your green card

 

And this is incorrect:

 

* as soon as you get your 10 year card 

 

I think the latter is incorrect for two reasons:

 

1. You can get a 10 year green card before 5 years less 90 days of residency.  So filing as soon as you get your green card might be too soon.  
 

2. You can get a 10 year green after 5 years less 90 days of residency.  So waiting when you have a 10 year green card might be waiting too long.  

Edited August 31, 2021 by Mike E

[Mike E 11,739]

14 minutes ago, Becs said:

Thank you for your comment. I actually already got my 10 year GC, and yes, I think the best idea it is just to wait.

Thank you very much.

Then why is this thread titled ROC?

 

I an so  confused.  

[Becs 1]

4 minutes ago, Mike E said:

I think to file N-400,  this is correct:

 

* you have to wait 5 days less 90 days from from “residence since” date on your green card

 

And this is incorrect:

 

* as soon as you get your 10 year card 

 

I think the latter is incorrect for two reasons:

 

1. You can get a 10 year green card before 5 years less 90 days of residency.  So filing as soon as you get your green card might be too soon.  
 

2. You can get a 10 year green after 5 years less 99 days of residency.  So waiting when you have a 10 year green card might be waiting too long.  

Thank you for your clarification. Yes, I have mentioned above that I already got my 10 year GC on May of this year, but I am not elegible yet to apply for citizenship on the 5 year rule. I obviously need to talk to an immigration lawyer since all cases are different. Thank you for your comment though.

[Becs 1]

6 minutes ago, Mike E said:

Then why is this thread titled ROC?

 

I an so  confused.  

hahah I see now. It is because I am an idiot! hahaha....just have a lot on my mind lately, sorry. 

[Boiler 45,486]

14 minutes ago, Becs said:

hahah I see now. It is because I am an idiot! hahaha....just have a lot on my mind lately, sorry. 

Well it is about how soon you can divorce after ROC

[Becs 1]

8 minutes ago, Boiler said:

Well it is about how soon you can divorce after ROC

Yes, exactly. That was actually my concern in the first place. Thank you.