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

[Linafay 29]

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 October 19, 2022 by Linafay

[Verrou 1,961]

dont lie to USCIS. ur partner still can do ROC without you. just get divorce certificate and he can apply with divorce waiver

stay quiet = u need to lie because the base of ROC is through marriage

[beloved_dingo 1,976]

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. 

[beloved_dingo 1,976]

Also want to add that he would benefit from joining VJ himself to get advice on the divorce waiver process, as he will need to update USCIS that the I-751 will no longer be a joint filing. 

Edited October 19, 2022 by beloved_dingo

[Crazy Cat 41,761]

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 October 19, 2022 by Crazy Cat

[Linafay 29]

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???

[Linafay 29]

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???

[Crazy Cat 41,761]

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.  

[Family 3,988]

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 October 19, 2022 by Family

[Rocio0010 5,579]

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.

[Linafay 29]

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 

[beloved_dingo 1,976]

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.

[Family 3,988]

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. …

 

 

 

[Scandi 4,166]

Also, if he ever wants to become a citizen then it will definitely be a major issue that his divorce papers show him as divorced from x date, but yet had his ROC processed as if he was still married. It will be considered that he got his unconditional greencard in error, based on a joint filing that no longer existed. 

File and finish the divorce as soon as possible so he can send the divorce decree to USCIS and request the joint filing be turned into a divorce waiver.

Edited October 19, 2022 by Scandi

[Rocio0010 5,579]

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.