I-751 ROC with Divorce Waiver

[Abdi10 1]

Hello, everyone, I have had my conditional GC through marriage following K1 visa which was approved in about January 2022. Unfortunately, the initial process took almost 2 years for me to get a visa and during that time while in a long-distance relationship, we had difficult times as we could not travel to see each other due to her schooling and financial reasons and difficulties did not completely stop when I arrived to the US as we were very happy with each other but we soon realized after marriage that there was a lot of difficulty with communications. Due to my need for clinical experience (I applied for physician residency at the time), I had to go to a different state after my EAD/GC arrived to briefly work there and gain experience. While there, we had a lot of issues with our marriage and she eventually did not want to be married anymore. We separated while I was in that state, and even though she visited me there, it was difficult to meet a lot due to my financial state. the separation occurred about 5 months after my GC approval in May 2022. During that time, one of the difficult parts that eventually was part of our separation was that I could not get residency (Medical training) around the state she lived, and even though, she was initially open to relocating, she changed her mind after finishing school and starting work there where her family live. In June 2022, I had to relocate to a different state for my training and while we were separated, it was difficult to travel but through our families, we tried to work it out but eventually decided it was not going to work and divorced uncontested mutually on January 2023 with divorce decree received at that time. A mistake of mine was that I had not applied soon after which I should have, but due to busy medical training and my head space, I postponed. My conditional GC will be expiring on 12/22/2023.

I am planning to apply for the waiver and so far, I have the following proof of marriage in good faith documents 

- A lease from 8/2021 - 6/2022
- Jointly filed Tax of 2021
- A lot of pictures from the day we married with families and our wedding ceremony
- Some pictures with us and family and photos prior to coming to the US
- Utility and rent payment of our leased apartment at the time
- Hotel reservation she made on a brief visit to the state I was in earlier

Unfortunately, there was not a lot of financial comingling at the time as she had just finished her schooling and I was just trying to survive. There was also no significant photos taken during that time due to the traveling. I am currently putting together the applications and wanted to know the following
1. Do you think this is enough to file my Waiver applications?
2. How important is the Affidavit of support from my ex-wife and other people?
3. I don't have the finances to hire an attorney but do you think my case is complicated enough that I need an attorney during the filing process?
4. I am in another relationship now; do you think that is a red flag if we decide to marry during my application as we know the I-751 may tend to take a long time?

Thanks all!
 

[OldUser 6,999]

24 minutes ago, Abdi10 said:

1. Do you think this is enough to file my Waiver applications?
 

Your file is somewhat thin.

24 minutes ago, Abdi10 said:

2. How important is the Affidavit of support from my ex-wife and other people?

With such thin evidence, affidavits, expecially from your ex, are very valuable.

25 minutes ago, Abdi10 said:

3. I don't have the finances to hire an attorney but do you think my case is complicated enough that I need an attorney during the filing process?

I don't believe this is an easy case. You might as well want legal representation.

26 minutes ago, Abdi10 said:

4. I am in another relationship now; do you think that is a red flag if we decide to marry during my application as we know the I-751 may tend to take a long time?

How long do you know this person? When did you meet? Were you divorced when you met? It may be a huge red flag depending on your answers.

[Abdi10 1]

7 minutes ago, OldUser said:

Your file is somewhat thin.

With such thin evidence, affidavits, expecially from your ex, are very valuable.

I don't believe this is an easy case. You might as well want legal representation.

How long do you know this person? When did you meet? Were you divorced when you met? It may be a huge red flag depending on your answers.

Thanks for replying, for the new relationship we met after divorce in April this year (divorce occurred January) 

[Boiler 45,744]

My first thought is the need with so little evidence to get a detailed statement from her about the validity of the relationship, not a big fan of Lawyers bit can see this is a good example of where one could help.

[Bob in Boston 757]

10 hours ago, Boiler said:

not a big fan of Lawyers bit can see this is a good example of where one could help.

Not just a lawyer but one who knows the issues here and knows how to work with them. shop around .

[JeanneAdil 6,583]

you will be hard pressed to prove u had to move away from wife for residency during the covid era

 

since we were so hard up for doctors and nurses the following happened

 

Due to the ongoing COVID-19 pandemic, several states have also issued temporary licenses to physicians without requiring a residency.

 

The American Medical Association (AMA) took similar measures, making it easier for IMGs to gain licensure. Because the pandemic and Russia's invasion of Ukraine disrupted the process by which some IMGs had their licenses verified, the AMA is now encouraging state licensing boards and other credentialing institutions to accept certification from the Educational Commission for Foreign Medical Graduates as verification, rather than requiring documents directly from international medical schools.

 

Also::  You can work as a medical assistant, research assistant, or find an observership where you are limited and do far less than what you did in your 3rd year of medical school. Essentially, you work without pay hoping this will boost your CV before reapplying for residency again the next year.

Edited November 15, 2023 by JeanneAdil

[SalishSea 17,971]

Agree with the others, you’ve got your work cut out for you with that dodgy timeline.

[beloved_dingo 1,979]

I agree that it would be a huge help if your ex was willing to sign an affidavit. I would also try to get at least 2 more affidavits from others that knew you both and can attest to your relationship being legit. 

 

This is a "throw in everything and the kitchen sink" scenario where you need to look for every single scrap of evidence you can dredge up to bulk up your case.

 

You say that there "was not a lot of financial comingling" - so what financial comingling did exist? Were any bills in both of your names? Did you ever have any joint accounts? Joint loans? Authorized user on the other's credit card? If yes to any of this, get the statements or other proof you may have.

 

Did you ever share health insurance? Car insurance? 

 

Did you have her as a beneficiary on any accounts? If so, reach out to the relevant financial institutions/employers/etc. and see if they can provide you documentation of that. 

 

Did you ever go on any trips together during the marriage? 

 

I would find every single photo you have with both of you in it during the marriage and send them all, no matter how many there are. Put the photos in a Word doc with captions with the date, location, and names and any other people in the photos. (I don't think photos prior to marriage will help you any.)

 

Probably a long shot but did you and your ex every write each other or send cards or gifts to each other why you were separated? Could help show that despite the separation, the relationship was still bona fide when you left the state. 

 

You're going to have to explain that you were living apart for a period of time due to your marriage, why you needed to live apart, and that the separation largely contributed to the breakdown of your marriage.

 

Edit: How do you file taxes for 2022? Married filing separately? 

Edited November 15, 2023 by beloved_dingo

[Abdi10 1]

23 hours ago, Boiler said:

My first thought is the need with so little evidence to get a detailed statement from her about the validity of the relationship, not a big fan of Lawyers bit can see this is a good example of where one could help.

Thanks for the reply, I am now shopping around for a lawyer and since me and my ex are on good terms, will be able to get that from here hopefully.

[Abdi10 1]

12 hours ago, Bob in Boston said:

Not just a lawyer but one who knows the issues here and knows how to work with them. shop around .

Thanks for the reply, now working on getting one. Is there specific way to find lawyers who has more knowledge on these topics. I've never hired any lawyer so not really well versed.

[Abdi10 1]

12 hours ago, JeanneAdil said:

you will be hard pressed to prove u had to move away from wife for residency during the covid era

 

since we were so hard up for doctors and nurses the following happened

 

Due to the ongoing COVID-19 pandemic, several states have also issued temporary licenses to physicians without requiring a residency.

 

The American Medical Association (AMA) took similar measures, making it easier for IMGs to gain licensure. Because the pandemic and Russia's invasion of Ukraine disrupted the process by which some IMGs had their licenses verified, the AMA is now encouraging state licensing boards and other credentialing institutions to accept certification from the Educational Commission for Foreign Medical Graduates as verification, rather than requiring documents directly from international medical schools.

 

Also::  You can work as a medical assistant, research assistant, or find an observership where you are limited and do far less than what you did in your 3rd year of medical school. Essentially, you work without pay hoping this will boost your CV before reapplying for residency again the next year.

Thanks for the reply, unfortunately the state we were at did not have that option, and that's why I had to go to NY which is more IMG friendly and has more opportunities for clinical assistant experience after I got my GC purely because I got both my EAD/GC together and I couldn't travel while process was going as I didn't have the means to travel to and from for the interview. And for residency, it is unfortunately difficult to predict where you are going to get interview from when you apply and which program will take you of the ones you interviewed at. So initially, I broadly applied but applied to almost all near by programs at the state we were at and around it but did not get any interviews from that state. And during the matching process, we were already having marital issues and made it more difficult as she did not really have feeling for me anymore and just snowballed to the eventual divorce I mentioned in my post. Thanks

[Abdi10 1]

1 hour ago, beloved_dingo said:

I agree that it would be a huge help if your ex was willing to sign an affidavit. I would also try to get at least 2 more affidavits from others that knew you both and can attest to your relationship being legit. 

Thank you for replying @beloved_dingo since me and her are on good terms, I can get statement from her as well as her sister and her mother.

 

1 hour ago, beloved_dingo said:

This is a "throw in everything and the kitchen sink" scenario where you need to look for every single scrap of evidence you can dredge up to bulk up your case.

 

You say that there "was not a lot of financial comingling" - so what financial comingling did exist? Were any bills in both of your names? Did you ever have any joint accounts? Joint loans? Authorized user on the other's credit card? If yes to any of this, get the statements or other proof you may have.

 

Did you ever share health insurance? Car insurance? 

 

Did you have her as a beneficiary on any accounts? If so, reach out to the relevant financial institutions/employers/etc. and see if they can provide you documentation of that. 

 

Did you ever go on any trips together during the marriage? 

Unfortunately we never made any joint account because, our timeline was weird in a way because around the time when I was waiting for my GC while I was not able to work, she was just finishing up her schooling and has a side job so she was not making much and we were using Zelle. And while I was in other state and when we were separated, we just kept using Zelle. I didn't have any car throughout our relationship. During the time when I was traveling to NY after GC, she was changing jobs after her graduation so she got Healthcare insurance through her employer slabd so did I so we didn't really add each other and while separated when I started residency, she was not in my state so didn't add either. No joint loans or credit card either. We didn't travel as both of us had alot of things gong on, her with her graduation and new job, me with residency application and clinical experience and when we were supposed to do it, we already had issues.

 

1 hour ago, beloved_dingo said:

I would find every single photo you have with both of you in it during the marriage and send them all, no matter how many there are. Put the photos in a Word doc with captions with the date, location, and names and any other people in the photos. (I don't think photos prior to marriage will help you any.)

 

Probably a long shot but did you and your ex every write each other or send cards or gifts to each other why you were separated? Could help show that despite the separation, the relationship was still bona fide when you left the state. 

 

During the separation, the relationship was definitely not the best as family were involved, so I don't think I have gft cards from that, we used to talk alot through the phone, wish I had done that though

 

1 hour ago, beloved_dingo said:

You're going to have to explain that you were living apart for a period of time due to your marriage, why you needed to live apart, and that the separation largely contributed to the breakdown of your marriage.

 

Edit: How do you file taxes for 2022? Married filing separately? 

Yes, married filing separately, we were discussing about it while we were doing it though but at the time, the divorce has already happened by January. Thanks again

[SalishSea 17,971]

41 minutes ago, Abdi10 said:

Thanks for the reply, unfortunately the state we were at did not have that option, and that's why I had to go to NY which is more IMG friendly and has more opportunities for clinical assistant experience after I got my GC purely because I got both my EAD/GC together and I couldn't travel while process was going as I didn't have the means to travel to and from for the interview. And for residency, it is unfortunately difficult to predict where you are going to get interview from when you apply and which program will take you of the ones you interviewed at. So initially, I broadly applied but applied to almost all near by programs at the state we were at and around it but did not get any interviews from that state. And during the matching process, we were already having marital issues and made it more difficult as she did not really have feeling for me anymore and just snowballed to the eventual divorce I mentioned in my post. Thanks

Well, but…..your spouse made the choice not to join you.   No one here needs to be convinced, but it could well look suspect to the officer.

 

And nearly zero financial commingling is a high bar to overcome with such a short marriage and never having lived together.   The totality of your circumstances is not favorable.

Edited November 16, 2023 by SalishSea

[OldUser 6,999]

2 hours ago, SalishSea said:

Well, but…..your spouse made the choice not to join you.   No one here needs to be convinced, but it could well look suspect to the officer.

 

And nearly zero financial commingling is a high bar to overcome with such a short marriage and never having lived together.   The totality of your circumstances is not favorable.

Agreed, plenty of red flags in this case. Do not expect an easy approval @Abdi10

[Bob in Boston 757]

11 hours ago, SalishSea said:

And nearly zero financial commingling is a high bar to overcome with such a short marriage and never having lived together.   The totality of your circumstances is not favorable.

To be truthful it looks like you put more effort into your education and careerThan anything else. You got your green card through marriage. Wouldnt be the first time some citizen got snookered by someone on a mission.