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Linafay

Divorcing, but still want him to get his 10yr GC

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Filed: K-1 Visa Country: Cameroon
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Hey y’all, long story short, we went thru the K1, did the AOS, and now we just filed for his ROC in February of this years. I decided to divorce in March. Nothing bad happed, I am just growing apart from him. He sacrificed his whole life to be here with me and I don’t want to pull the application. He deserves to continue the life he has made here. So my question is: Can immigration learn about the divorce if I DONT tell them? I would have to submit the paperwork right? If I never submit it and stay quiet, they would never know about the divorce right?? Everything we submitted proved that we were married at the time, so they would go based on that right?

 

btw, divorce papers are NOT filed yet. Wanted to file this month.

Edited by Linafay

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Filed: Citizen (apr) Country: Taiwan
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9 minutes ago, Linafay said:

Hey y’all, long story short, we went thru the K1, did the AOS, and now we just filed for his ROC in February of this years. I decided to divorce in March. Nothing bad happed, I am just growing apart from him. He sacrificed his whole life to be here with me and I don’t want to pull the application. He deserves to continue the life he has made here. So my question is: Can immigration learn about the divorce if I DONT tell them? I would have to submit the paperwork right? If I never submit it and stay quiet, they would never know about the divorce right?? Everything we submitted proved that we were married at the time, so they would go based on that right?

 

btw, divorce papers are NOT filed yet. Wanted to file this month.

That is a good way to get both of you in BIG trouble......  

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Filed: K-1 Visa Country: Cameroon
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3 minutes ago, beloved_dingo said:

First off, trying to conceal info from USCIS would NOT help your husband, so get that idea out of your mind.

 

Your spouse can complete ROC without you with a divorce waiver. USCIS understands that marriages can be entered in good faith and still fail. 

 

If you truly want to help him, file for divorce ASAP and get the process over with as quickly as possible so he can proceed with the divorce waiver with no issues or hiccups. Having the divorce decree in hand makes it easier. 

 

You can also help him by making sure he has every ounce of evidence he needs that your marriage was legitimate up until you separated from each other. 

Would we have to do AND pay for an entire new ROC tho???? Or can we do the divorce and just add it the current application we have???

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Filed: K-1 Visa Country: Cameroon
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Thanks y’all. Would we have to do AND pay for an entire new ROC tho???? Or can we do the divorce and just add it the current application we have???

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Filed: Citizen (apr) Country: Taiwan
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4 minutes ago, Linafay said:

Thanks y’all. Would we have to do AND pay for an entire new ROC tho???? Or can we do the divorce and just add it the current application we have???

He will have to amend his current I-751 to the divorce waiver.  

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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32 minutes ago, Linafay said:

we just filed for his ROC in February of this years. I decided to divorce in March. Nothing

Although you did state “ nothing bad happened “  between February ( Joint I-751 ) and your March divorce decision …I will assume here that decision meant you : told your husband? he or you moved out from marital home ? ….

 

 

Edited by Family
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Filed: Citizen (apr) Country: Argentina
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Lying or concealing information is never a good idea. You think you are helping him, but you're actually hurting his chances here if you conceal the divorce. The correct and honest thing to do is to divorce, and let him switch to a divorce waiver once he has the divorce decree. 

If you really want to help him, you can write an affidavit of support saying that the marriage was bona fide, it just did not work out. Sign it, notarize it, and give it to him so he can add this to the divorce decree when he files for a waiver.

 

He should make an account here and ask questions himself.

FROM F1 TO AOS

October 17, 2019 AOS receipt date 

December 09, 2019: Biometric appointment

January 15, 2020 RFE received

January 30, 2020  RFE response sent

Feb 7: EAD approved and interview scheduled

March 18, 2020 Interview cancelled

April 14th 2020: RFE received

April 29, 2020 Approved without interview

May 1, 2020 Card in hand

 

REMOVAL OF CONDITIONS

February 1, 2022 package sent

March 28, 2022 Fingerprints reused

July 18, 2023 approval

July 20, 2023 Card in hand

 

N400 

January 30,2023: Online filing

February 4th, 2023: Biometric appointment

June 15th, 2023: Case actively being reviewed

July 11th, 2023: Interview scheduled.

August 30th, 2023: Interview!

August 31st, 2023: Oath ceremony scheduled.

Sept 19th, 2023: Officially a US citizen!

 


 

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Filed: K-1 Visa Country: Cameroon
Timeline
Just now, Family said:

Although you did state “ nothing bad happened “  between February ( Joint I-751 ) and your March divorce decision …I will assume here that decision meant you : told your husband? he or you moved out from marital home ? ….

Yes I did tell him and I moved out last month. I also wanna point out that we are still friends, so I’m honestly trying to figure out how he can win in ALL of this. I will be helping him with this process because he literally doesn’t know where to start 

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Filed: Citizen (apr) Country: Australia
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24 minutes ago, Linafay said:

Thanks y’all. Would we have to do AND pay for an entire new ROC tho???? Or can we do the divorce and just add it the current application we have???

He will not have to do another ROC package with a new fee. The existing filing can be converted to a single filing (rather than joint) with the divorce waiver. However, the sooner you file for divorce and finalize the divorce proceedings, the easier this will all be for him.

K1 to AOS                                                                                   AOS/EAD/AP                                                                      N-400

03/01/2018 - I-129F Mailed                                              06/19/2019 - NOA1 Date                                              01/27/2023 - N-400 Filed Online

03/08/2018 - NOA1 Date                                                    07/11/2019 - Biometrics Appt                                   02/23/2023 - Biometrics Appt
09/14/2018 - NOA2 Date                                                    12/13/2019 - EAD/AP Approved                               04/03/2023 - Interview Scheduled

10/16/2018 - NVC Received                                              12/17/2019 - Interview Scheduled                          05/10/2023 - Interview - APPROVED!

10/21/2018 - Packet 3 Received                                      01/29/2020 - Interview - APPROVED!                  OFFICIALLY A U.S. CITIZEN! 

12/30/2018 - Packet 3 Sent                                               02/04/2020 - Green Card Received! 

01/06/2019 - Packet 4 Received                                     ROC - I-751

01/29/2019 - Interview - APPROVED!                           11/02/2021 - Mailed ROC Packet

02/05/2019 - Visa Received                                             11/04/2021 - NOA1 Date

05/17/2019 - U.S. Arrival                                                     01/19/2022 - Biometrics Waived

05/24/2019 - Married ❤️                                                    02/04/2023 - Transferred to New Office

06/14/2019 - Mailed AOS Packet                                    05/10/2023 - APPROVED!

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1 minute ago, Linafay said:
4 minutes ago, Family said:

Although you did state “ nothing bad happened “  between February ( Joint I-751 ) and your March divorce decision …I will assume here that decision meant you : told your husband? he or you moved out from marital home ? ….

Yes I did tell him and I moved out last month. I also wanna point out that we are still friends, so I’m honestly trying to figure out how he can win in ALL of this. I will be helping him with this process because he literally doesn’t know where to start 

It’s good that you are ready to standby and offer help, also extremely rare.

If you truly want to help him, advise him to decide if he can manage to DIY next steps on his own OR consult with some attorneys. ..even with the friendly terms you two have parted I am sure you realize the conflict of interest here. …

 


 


 

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Filed: Citizen (apr) Country: Argentina
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29 minutes ago, Linafay said:

he literally doesn’t know where to start 

Does he speak English? If so, he can make an account here and ask all the questions. 

There might be a conflict of interest. Or if you make everything for him and there's a mistake or delay in his case, he can blame you. You don't think he's going to do that now, but I have seen things going south in a divorce pretty quickly. 

You are not helping him by spoon feeding him imho.

 

Divorce, let him handle it. Write an affidavit as I told you before, sign it, notarize it, and that's it.

PS: Even if you divorce, you're still on the hook for his I-864 until he either works 40 quarters, naturalizes, or passes away.

FROM F1 TO AOS

October 17, 2019 AOS receipt date 

December 09, 2019: Biometric appointment

January 15, 2020 RFE received

January 30, 2020  RFE response sent

Feb 7: EAD approved and interview scheduled

March 18, 2020 Interview cancelled

April 14th 2020: RFE received

April 29, 2020 Approved without interview

May 1, 2020 Card in hand

 

REMOVAL OF CONDITIONS

February 1, 2022 package sent

March 28, 2022 Fingerprints reused

July 18, 2023 approval

July 20, 2023 Card in hand

 

N400 

January 30,2023: Online filing

February 4th, 2023: Biometric appointment

June 15th, 2023: Case actively being reviewed

July 11th, 2023: Interview scheduled.

August 30th, 2023: Interview!

August 31st, 2023: Oath ceremony scheduled.

Sept 19th, 2023: Officially a US citizen!

 


 

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