Please help - Divorce before applying for ROC/Permanent green card

[isabella r 0]

Hello guys! I came to the USA with a k1 visa back in 2020, got married, received a conditional green card on January 2022 and will expire in january 2024. I think I can apply for ROC as soon as next month, but my husband and I are not in a good place because he cheated and I am thinking of getting divorced. I am just not sure how to proceed now, should I apply for the ROC with the divorce papers, can I send my application first  and then send the divorce-proof (because idk how long does it take to get a divorce and want to make sure I apply for ROC asap) how would that work?? He has no rush to get divorced and told me we could legally stay married if it makes it any easier, but I do not want to lie / I want to be honest, especially if it takes years to receive the new green card... please help. I have never even gotten divorced before and I have no idea what to do with this procedure. My green card expires in january. 

 

[Boiler 45,474]

You have a bit of time before you need to file.

 

Get the Divorce going, if it does not happen before you need to file send it in as a waiver case and eventually they will issue a RFE for the Divorce Papers.

[Mike E 11,739]

1 minute ago, isabella r said:

I think I can apply for ROC as soon as next month,

Yes. Sooner if you apply for divorce now.

 

1 minute ago, isabella r said:

 I am just not sure how to proceed now, should I apply for the ROC with the divorce papers, can I send my application first  and then send the divorce-proof

Yes

1 minute ago, isabella r said:

(because idk how long does it take to get a divorce

Varies by state.

1 minute ago, isabella r said:

and want to make sure I apply for ROC asap) how would that work??

You will get an RFE to provide a final divorce decree. The RFE will give you 87 days.

1 minute ago, isabella r said:

He has no rush to get divorced and told me we could legally stay married if it makes it any easier, but I do not want to lie

Agreed do not lie. You can file a joint I-751 now, and include a statement the marriage is not in a good place now.

 

If you have an interview, re-state that the marriage is not likely to survive.

 

 

1 minute ago, isabella r said:

/ I want to be honest, especially if it takes years to receive the new green card... please help. I have never even gotten divorced before and I have no idea what to do with this procedure. My green card expires in january. 

 

If you file I-751 jointly and change your mind, as soon as you file for divorce, amend your I-751 to a divorce waiver.

[isabella r 0]

2 minutes ago, Boiler said:

You have a bit of time before you need to file.

 

Get the Divorce going, if it does not happen before you need to file send it in as a waiver case and eventually they will issue a RFE for the Divorce Papers.

thank you so much for answering. by the time that i "need to file" you mean January 2024, correct? i know i can start it 90 days before that... how does one send it as a waiver? 

[Boiler 45,474]

2 minutes ago, isabella r said:

thank you so much for answering. by the time that i "need to file" you mean January 2024, correct? i know i can start it 90 days before that... how does one send it as a waiver? 

The window is 90 days you can leave it closer to the end.

 

Make sure you have all the good faith marriage evidence in a safe place.

 

Have a read of the form for the options.

[isabella r 0]

6 minutes ago, Mike E said:

Yes. Sooner if you apply for divorce now.

 

Yes

Varies by state.

You will get an RFE to provide a final divorce decree. The RFE will give you 87 days.

Agreed do not lie. You can file a joint I-751 now, and include a statement the marriage is not in a good place now.

 

If you have an interview, re-state that the marriage is not likely to survive.

 

 

If you file I-751 jointly and change your mind, as soon as you file for divorce, amend your I-751 to a divorce waiver.

thank you so much for answering. I am still trying to understand how all of this works.

okay, so if I file next month the I-751 jointly, then after that package is sent I can re-send a divorce waiver? the waiver is kind of like another document/form correct? and doing this they won't ask for RFE?

 

i have not filed for divorce yet but will soon. i just did not know if i had to get divorced first to even apply for I-751 or I can get it going. I am sorry many questions I am just trying to understand. Thank you so much

 

 

[Mike E 11,739]

4 minutes ago, isabella r said:

okay, so if I file next month the I-751 jointly, then after that package is sent I can re-send a divorce waiver?

You send a simple letter to the uscis address listed on your extension letter stating:

 

* name

* A number

* case number

 

and that you are amending I-751 to a divorce waiver. 
 

Include a copy of the extension letter and the divorce filing.

 

4 minutes ago, isabella r said:

 

 

the waiver is kind of like another document/form correct?

it is a letter when amending an I-751 that was filed jointly

4 minutes ago, isabella r said:

 

and doing this they won't ask for RFE?

They will send  an RFE for a final divorce decree

4 minutes ago, isabella r said:

 

i have not filed for divorce yet but will soon.

If you file for divorce before you file I-751, then when you file I-751, you must select the divorce waiver check box in the form. Read I-751 to understand. 

 

4 minutes ago, isabella r said:

 

i just did not know if i had to get divorced first to even apply for I-751

Ideally you have a final divorce decree in hand before you file I-751. The problem is, outside of Nevada and some other states, it is not possible to get divorced in 87 or 90 days.

 

Technically, once you file for divorce, you can file I-751 any time. The problem is if you wait until after your GC expires, DHS can start removal proceedings.

This is why K and CR visas, and I-485s filed before 2 years of marriage are dangerous.

 

4 minutes ago, isabella r said:

or I can get it going. I am sorry many questions I am just trying to understand. Thank you so much

 

 

No worries

[TBoneTX 45,267]

Thread is moved from the K-1 Process forum to the Removing Conditions forum.

[isabella r 0]

48 minutes ago, Mike E said:

You send a simple letter to the uscis address listed on your extension letter stating:

 

* name

* A number

* case number

 

and that you are amending I-751 to a divorce waiver. 
 

Include a copy of the extension letter and the divorce filing.

 

it is a letter when amending an I-751 that was filed jointly

They will send  an RFE for a final divorce decree

If you file for divorce before you file I-751, then when you file I-751, you must select the divorce waiver check box in the form. Read I-751 to understand. 

 

Ideally you have a final divorce decree in hand before you file I-751. The problem is, outside of Nevada and some other states, it is not possible to get divorced in 87 or 90 days.

 

Technically, once you file for divorce, you can file I-751 any time. The problem is if you wait until after your GC expires, DHS can start removal proceedings.

This is why K and CR visas, and I-485s filed before 2 years of marriage are dangerous.

 

No worries

Thank you so much. All of this process would take around 2 years correct? Also, while in the process of waiting for the green card which can take years, even though if I applied for ROC with this waiver, could I leave the country (to visit family) ? or it is not advised until i have green card in hand.

[Mike E 11,739]

29 minutes ago, isabella r said:

Thank you so much. All of this process would take around 2 years correct?

4 years now

29 minutes ago, isabella r said:

 

Also, while in the process of waiting for the green card which can take years, even though if I applied for ROC with this waiver, could I leave the country (to visit family) ? or it is not advised until i have green card in hand.

I know of  

an incident last month  where an I-751 divorce waiver case was denied while the LPR was abroad. The LPR first entered at JFK, and no problems.

 

Then the LPR went to Mexico, re-entered by land, and ended up in ICE custody and a removal hearing. 

Based on this data point, I cannot tell you it will be safe for you to travel while your divorce waiver case is in progress.

 

 

[isabella r 0]

why would it take 4 years? Would it take 4 years still if I was married and filing jointly or only because filing separately? 

[Mike E 11,739]

7 minutes ago, isabella r said:

why would it take 4 years?

I-751 extension letters are now good for 48 months. 

7 minutes ago, isabella r said:

Would it take 4 years still if I was married and filing jointly

Yes

[isabella r 0]

2 minutes ago, Mike E said:

I-751 extension letters are now good for 48 months. 

Yes

But i mean the process in general to get the green card interview not the extension letter, i am sorry i am confused

[Mike E 11,739]

47 minutes ago, isabella r said:

But i mean the process in general to get the green card interview not the extension letter, i am sorry i am confused

The reason why extension letters are 48 months is because I-751 decisions are expected to take 48 months.

[Rocio0010 5,579]

To summarize:

You can submit your 751 when your window opens. You will include your 751 form, the G-1145 (for e-notifications), evidence of the bona fide of the relationship, and a statement/ cover letter where you (and maybe your spouse) state that the marriage was entered in good faith, but it is not in a good position right now. If your spouse is willing to cooperate, you can both sign that letter. If not, you can just write the letter yourself. 

 

If you decide to divorce, you will send a letter (following @Mike E's content suggestions) stating that you wish to convert to a divorce waiver. Down the line, they will send you an RFE for the decree.

 

If you decide to patch things up, let the joint application run its course.

 

If otherwise your case is straightforward (no criminal records, etc) you might be ok to travel