Roc with divorce waiver

[Ivy Jill 3]

Hello everyone 😊. I applied for ROC for my conditional green card last January 2021 through joint application with my husband. Unfortunately, our marriage went downhill and we got separated August 2021 then we filed a divorce December 2021 and got our final divorce decree February 22,2022. My question is I am going to have my interview this March 2022 and I am worried because we applied jointly. Is it really okay that I will just tell the IO that I will switch my application into a divorce waiver in good faith marriage on the day of my interview or should I inform USCIS by sending a letter and my final decree ? Please give some advice. Thank you.

[milimelo 4,572]

You need to be very clear that you are amending your petition to waiver with divorce. Best to have a whole new form completed with divorce decree to give at the interview (if you decide to send it in prior to your interview just make sure to have a copy with you at the interview). 

[Mike E 11,742]

45 minutes ago, Ivy Jill said:

 . Is it really okay that I will just tell the IO that I will switch my application into a divorce waiver in good faith marriage on the day of my interview or should I inform USCIS by sending a letter and my final decree ?

Since you have an interview scheduled, best practice is to inform the officer at the interview. 
 

 

[mindthegap 2,608]

Wait until the interview.

You will immediately be asked where your husband is. Simply state you have separated and are divorced since joint filing, hand them a copy (not the original) of the final divorce paperwork. 

They will amend - or invite you to amend -  the form you submitted by checking the divorce waiver box. From that point on it is a waiver filing.

 

Have the original divorce paperwork with you, including the filing (they may ask to see the grounds for divorce), and don't forget to bring all additional evidence that you have collected between the time of filing and the interview. 

 

 

3 hours ago, milimelo said:

 Best to have a whole new form completed with divorce decree to give at the interview 

Not necessary. Existing joint petition & form will be amended, it isn't replaced. 

[Kay21 19]

4 hours ago, mindthegap said:

Wait until the interview.

You will immediately be asked where your husband is. Simply state you have separated and are divorced since joint filing, hand them a copy (not the original) of the final divorce paperwork. 

They will amend - or invite you to amend -  the form you submitted by checking the divorce waiver box. From that point on it is a waiver filing.

 

Have the original divorce paperwork with you, including the filing (they may ask to see the grounds for divorce), and don't forget to bring all additional evidence that you have collected between the time of filing and the interview. 

 

 

Not necessary. Existing joint petition & form will be amended, it isn't replaced. 

Correct had my waiver interview yesterday my attorney before had filed batterd which was unknown to me as I told him I wanted divorce. The IO ask for additional evidence for batterd and I told him that my application was a divorce waiver my new Attorney was on the phone and explained the IO then draw a line in red inc pen and have me sign he then asked if I had any new evidence for a good faith marriage I told him only some recent text that he took and did not even look at lol he then asked if I had my divorce decre as he needs it to approve my case (mark you when he asked for more evidence before when he thought it batterd I had told him I had the text which he refused he wanted evidence for batterd ) he then ask name dob add and same for my Ex and ask if i knew his address told him I think he's in PA from the text he sent he said ok that all I'm planning on approving you case ..so u can make the change at interview no need for new papers. Oh by the way I got a rfe in 2020 and did sent in that I wanted to switch to a divorce and they didn't even look at it till I was at my interview 

Edited February 25, 2022 by Kay21

[Ivy Jill 3]

On 2/24/2022 at 11:24 AM, milimelo said:

You need to be very clear that you are amending your petition to waiver with divorce. Best to have a whole new form completed with divorce decree to give at the interview (if you decide to send it in prior to your interview just make sure to have a copy with you at the interview). 

Yes I will bring new form just in case they will ask me. Thank you.

[Ivy Jill 3]

On 2/24/2022 at 12:20 PM, Mike E said:

Since you have an interview scheduled, best practice is to inform the officer at the interview. 
 

 

Okay. I’m just worried because maybe they will question me why I didn’t inform them after we filed it and I got the final divorce decree. Our divorce paper just finalize last February 22,2022.

[Ivy Jill 3]

On 2/24/2022 at 2:42 PM, mindthegap said:

Wait until the interview.

You will immediately be asked where your husband is. Simply state you have separated and are divorced since joint filing, hand them a copy (not the original) of the final divorce paperwork. 

They will amend - or invite you to amend -  the form you submitted by checking the divorce waiver box. From that point on it is a waiver filing.

 

Have the original divorce paperwork with you, including the filing (they may ask to see the grounds for divorce), and don't forget to bring all additional evidence that you have collected between the time of filing and the interview. 

 

 

Not necessary. Existing joint petition & form will be amended, it isn't replaced. 

Okay. I will take note of that. Yes I will photocopy my final divorce decree and I will also bring the original just in case they want to see it. About maybe they will ask to see the grounds for divorce is that the one we file for separate agreement ? 
 

 

[Ivy Jill 3]

On 2/24/2022 at 7:06 PM, Kay21 said:

Correct had my waiver interview yesterday my attorney before had filed batterd which was unknown to me as I told him I wanted divorce. The IO ask for additional evidence for batterd and I told him that my application was a divorce waiver my new Attorney was on the phone and explained the IO then draw a line in red inc pen and have me sign he then asked if I had any new evidence for a good faith marriage I told him only some recent text that he took and did not even look at lol he then asked if I had my divorce decre as he needs it to approve my case (mark you when he asked for more evidence before when he thought it batterd I had told him I had the text which he refused he wanted evidence for batterd ) he then ask name dob add and same for my Ex and ask if i knew his address told him I think he's in PA from the text he sent he said ok that all I'm planning on approving you case ..so u can make the change at interview no need for new papers. Oh by the way I got a rfe in 2020 and did sent in that I wanted to switch to a divorce and they didn't even look at it till I was at my interview 

Okay I will prepare all my evidence for a bonafide marriage. Thank you so much for the info.