Getting a divorce during Conditional Visa

[fenderbender1 0]

5 minutes ago, ra0010 said:

Just last week somebody posted a video where Jim Hacking flew off the handle for a situation similar like this: a person applied for ROC, which was granted… however that person failed to inform USCIS about the divorce and was getting ready to remarry and petition for someone else. So “pretending” here never ends well. I’m not saying this is your situation, OP. But next week you’ll be under oath, what are you going to do? Pretend you’re still HAPPILY married? (yes, i know you’re still married, but also already talking about divorce).

Next week your interview is for a conditional GC. Two years from now you’ll file for ROC -but first things first!

I understand what you are saying and I am aware that this entire situation does not look good.  But the fact of the matter is that this was/is a good faith marriage but things have just been so crazy and scary.  We have discussed possibility of a divorce a few times but never really discussed it seriously as we both don't know how the procedure works. 

We have both been under a lot of stress and we were only notified of the interview 2 weeks before it's happening!  The only thing official is that we have the interview and we both want to just get it out of the way (as I'm sure every single person going through this has felt.)

[CeeMu 45]

1 hour ago, Boiler said:

So your other half, well seemingly sort of, is prepared to go through with the obligations under the affidavit of support?

 

Big commitment especially with divorce in the offing. Could also be an interesting interview.

 

Removal of conditions can be filed as soon as the divorce is finalised, no need to wait the 2 years.

 

I did the same.  Was worried.  But I did it. I'm a citizen now. 

[Crazy Cat 41,888]

2 hours ago, fenderbender1 said:

I'm sorry.  It is the initial interview to get the conditional GC.  I made the post with the idea that all goes well and I will receive the CGC.

You might want to re-read @Boiler's post again.  

[Redro 4,611]

3 hours ago, fenderbender1 said:

First off.  Happy New Years to everyone.  I hope you all enjoy and stay safe.

I would also like to apologize for probably asking a question that has been asked before but I not only would appreciate hopefully some words of encouragement, but also some advice or personal experience with a situation like this.

So we've been married a year and a half(We are residing in NYC). Our marriage was entered in good faith and we do have a lot of documents and pictures to back it up.  Up until recently my partner and I have been coming to terms with the fact that things just aren't working out anymore.  Divorcing has been a topic of discussion multiple times but due to the uncertainty of the whole visa, we've kept things together until we come to the next step in the process.  I want to continue living in the US and work towards becoming a citizen.

Our interview is next week and I obviously am hoping everything goes well.  I know I can file a divorce waiver with the i-751 form but all the articles and help that I'm finding is a little confusing and discouraging. 

I also am curious as to what will happen after the 2 years with a conditional visa if we do decide to try to make it work and stay together.  Do we need even more of the same exact documents as we are currently collecting, i.e.; more evidence/proof that this was/is a bona fide marriage?  Because what I'm finding online is basically saying that if you file for a divorce waiver with a conditional visa, you need to provide proof that this was a bona fide marriage..but isn't that what the interview is for?

 

I'm aware it looks really bad to file for a divorce, which would be a mutual one, so soon after getting(hopefully) the conditional visa, but is this a no-hope situation?  If I file a divorce waiver and go through with the divorce, there is a possibility that they could deny it and I'll be forced to leave the country? 

My next step, if all goes well with the interview, is to wait a little while and then speak to my immigration lawyer to get an idea of what our next step should be.

Happy New Year! 

I'm just wondering, how did you enter the US and what status are you adjusting from? 

Sorry to hear you're having trouble in your marriage. 

I would forget about the ROC interview and focus on this initial interview. If the interviewer picks up you're having issues in the marriage they might convince your USC spouse to pull the I-864. Especially if they find out you're thinking about divorce. It's happened before. 

[Ontarkie 14,227]

~~Moved to Effects of Major Family Changes on Immigration, from ROC - as similar threads are discussed here.~~

[fenderbender1 0]

36 minutes ago, Kor2USA said:

Happy New Year! 

I'm just wondering, how did you enter the US and what status are you adjusting from? 

Sorry to hear you're having trouble in your marriage. 

I would forget about the ROC interview and focus on this initial interview. If the interviewer picks up you're having issues in the marriage they might convince your USC spouse to pull the I-864. Especially if they find out you're thinking about divorce. It's happened before. 

I was here on a student visa before this.

 

I agree. I am definitely just trying to focus on this initial interview and get that over with and get approved...

2 hours ago, CeeMu said:

I did the same.  Was worried.  But I did it. I'm a citizen now. 

What did you do?

[Redro 4,611]

21 minutes ago, fenderbender1 said:

I was here on a student visa before this.

 

I agree. I am definitely just trying to focus on this initial interview and get that over with and get approved...

What did you do?

Are you still in school? 

[fenderbender1 0]

23 minutes ago, Kor2USA said:

Are you still in school? 

I am not. 

[Letspaintcookies 2,310]

You could basically file for divorce the moment you have your greencard in hand and as soon as you have the divorce decree file for ROC ( with a divorce waiver you don't need to wait the two years ). Will that cause scrutiny from the IO interviewing you for ROC? Heck yes. Is it a guarantee to get denied for ROC? Sure not.

 

USCIS is fully aware that things can happen hence the option to file with a divorce waiver. 

 

Important now is your interview next week and as others already have said there could be some problems if the IO gets an idea of your divorce talking. Good luck

[Coco8 1,042]

It seems to me that you are going through a difficult time and you have not make any decisions yet. Many couples go through difficult times and they might work it out in the end or not. 

 

You are also living together, so not separated.

 

I think that as long as you are not sure you'll file for divorce immediately, you would not be committing fraud by going to your interview. 

Edited January 1, 2022 by Coco8

[Letspaintcookies 2,310]

3 minutes ago, Coco8 said:

I think that as long as you are not sure you'll file for divorce immediately, you would not be committing fraud by going to your interview. 

To me it sounds they're pretty sure but don't know how to go on about it without putting OPs immigration journey at risk.

[Rocio0010 5,579]

2 minutes ago, Letspaintcookies said:

To me it sounds they're pretty sure but don't know how to go on about it without putting OPs immigration journey at risk.

Bingo. I think this is a tough one. Borderline fraud if it's how you and I think it is.

[Letspaintcookies 2,310]

3 minutes ago, Rocio0010 said:

Bingo. I think this is a tough one. Borderline fraud if it's how you and I think it is.

Yea kinda. I mean it's clear since the Matter of Barista that the immigrant still can get a greencard as long as the sponsorship is there and that seems to be the case. OP and her partner can show evidence that the marriage was entered in good faith and if the wait for the interview wouldn't have been so long we wouldn't even be talking. It's an unfortunate situation but not hopeless.

[Rocio0010 5,579]

2 minutes ago, Letspaintcookies said:

still can get a greencard

Even a conditional one?

[Boiler 45,527]

3 minutes ago, Rocio0010 said:

Even a conditional one?

Yup, the interview could be challenging, not a simple situation.