Divorce during ROC

[US2UK 33]

Unfortunately, I have decided that I no longer wish to continue with my marriage. My husband has done some things that I just can’t forgive. 

 

We are in the ROC phase - we filed for ROC last summer, and I received the 4 year green card extension while USCIS makes a decision on my case. 

 

I have a few questions:

- My understanding is that I will switch my ROC application to a waiver filing - is that correct? 

- At what point do I notify USCIS of this? Is it when I have the divorce decree or sometime before?

- What documents (if any) should I save down for the rest of ROC and for naturalization? I have copies of all my immigration paperwork filed to date. Is there any additional evidence / ID documents it would be wise to make a copy of before filing for divorce? I do worry that the divorce will become messy + my husband won’t be cooperative if there’s anything I need down the line. 

- Anything else I should know about the ROC process? 

 

thanks in advance 

[A110 96]

The only advice I can give is to sit down and think of all the documents that will support your case and make redundant copies of them. Assuming you filed for ROC last summer collect everything from that period up to now. If possible have a copy of the original ROC package too. Bank statements, joint documents, tax, photos and everything else that you can think of. Hell even this months bank statements should be included. Since you may be emotionally not in a good place I'll make a list:

1. All joint bank account transactions between you two (Venmo)
2. 401K+ Joint Insurance
3. Utility Bills
4. Travel logs and itineraries 
5. Tax 
6. Children birth certificate (if you have any)
7. Apartment lease
8. Joint mortgage
9. Joint car plans
10. Photos (ideally showing you amongst friends,family or travelling)
11. Joint gym plans?

There is a lot of info on timing and such and I am no expert but this is what I think could help you the most in case your first I751 gets denied and you have to refile again. As a side note and friendly advice it may be best to be more friendly in the divorce and not have a nasty angry man chasing you down. (while it may seem far fetched there are a few stories here and there of ex spouses getting super nasty)

[US2UK 33]

4 minutes ago, A110 said:

The only advice I can give is to sit down and think of all the documents that will support your case and make redundant copies of them. Assuming you filed for ROC last summer collect everything from that period up to now. If possible have a copy of the original ROC package too. Bank statements, joint documents, tax, photos and everything else that you can think of. Hell even this months bank statements should be included. Since you may be emotionally not in a good place I'll make a list:

1. All joint bank account transactions between you two (Venmo)
2. 401K+ Joint Insurance
3. Utility Bills
4. Travel logs and itineraries 
5. Tax 
6. Children birth certificate (if you have any)
7. Apartment lease
8. Joint mortgage
9. Joint car plans
10. Photos (ideally showing you amongst friends,family or travelling)
11. Joint gym plans?

There is a lot of info on timing and such and I am no expert but this is what I think could help you the most in case your first I751 gets denied and you have to refile again. As a side note and friendly advice it may be best to be more friendly in the divorce and not have a nasty angry man chasing you down. (while it may seem far fetched there are a few stories here and there of ex spouses getting super nasty)

Thank you. Since filing we have:

- taken 2x beach trips

- filed 2x joint taxes again (late filed for 2022, and filed 2023) 

- renewed car insurance docs 

- have 7 months additional joint bank statements 

- started new joint AT&T account for our phones 

- have lease agreement showing we lived together for additional 7 months 

- photos from trips, holidays, birthdays, hanging out with friends. 

 

Hopefully that is enough. 

 

Of course I’m hoping the divorce goes as smoothly as possible, but am not sure what to expect given his existing behavior. I’ll just have to hope for the best. 

[Vickys_Mom 230]

You could go back to the United Kingdom and abandon the process.

 

You have to decide if the pain of going through the divorce will turn you off entirely on the United States.

 

Regards,

Vicky's Mom

[OldUser 6,979]

31 minutes ago, Vickys_Mom said:

You could go back to the United Kingdom and abandon the process.

I doubt that's OP's intention because naturalization was mentioned.

 

@US2UK you should focus on divorce and I-751. Gather and make copies of all evidence as @A110 outlined. If you have solid evidence, you can convert I-751 to divorce waiver and remove conditions based on that. You'd be naturalizing under 5 year rule of being LPR when the time comes. I wouldn't worry about it just yet, you have to get conditions removed first.

 

 

[Allaboutwaiting 2,503]

You should notify USCIS until you have the divorce decree.

 

Based on other's posts, I believe you can do so during interview and hand them the document. Otherwise, they will issue an RFE requesting for the final decree.

[OldUser 6,979]

6 minutes ago, Allaboutwaiting said:

You should notify USCIS until you have the divorce decree.

 

Based on other's posts, I believe you can do so during interview and hand them the document. Otherwise, they will issue an RFE requesting for the final decree.

If one does not tell about divorce, GC maybe approved on the wrong premise of jont filing. Remember very few I-751 now have interviews!

 

The right approach is finalizing divorce ASAP and notifying USCIS as soon as you're sure you can get hands on final divorce decree.

[Allaboutwaiting 2,503]

18 minutes ago, OldUser said:

If one does not tell about divorce, GC maybe approved on the wrong premise of jont filing.

 

No one has advised such thing.

Informing too early might cause denial if the decree is requested and not produced in time.

[OldUser 6,979]

18 minutes ago, Allaboutwaiting said:

 

No one has advised such thing.

Informing too early might cause denial if the decree is requested and not produced in time.

You said one can notify about divorce during the interview - but there's great chance there would be no interview if USCIS doesn't know about divorce. Notifying when divorce is finalized may be too late.

 

IMHO it's much better to get I-751 denied for not replying to RFE in time and refile VS get GC approved on the basis of joint filing when divorcing / divorced. That could be flagged as immigration fraud staining the record, making it even harder to get ROC approved. If I was in OP's position, I'd consult with family and immigration lawyers to plan for ROC solo.

Edited April 25 by OldUser

[Allaboutwaiting 2,503]

8 minutes ago, OldUser said:

You said one can notify about divorce during the interview - but there's great chance there would be no interview if USCIS doesn't know about divorce. Notifying when divorce is finalized may be too late.

 

IMHO it's much better to get I-751 denied for not replying to RFE in time and refile VS get GC approved on the basis of joint filing when divorcing / divorced. That could be flagged as immigration fraud staining the record, making it even harder to get ROC approved. If I was in OP's position, I'd consult with family and immigration lawyers to plan for ROC solo.

Correct, I said it CAN be done during interview (as in it is an option, a possible action).

 

My first statement: notify USCIS as soon as you have the decree.

Edited April 25 by Allaboutwaiting

[OldUser 6,979]

16 minutes ago, Allaboutwaiting said:

My first statement: notify USCIS as soon as you have the decree.

It may be too late, some divorces take longer than I-751. If OP was 2 months into I-751, that would be another story. Either way, I have nothing else to add other than good wishes to OP.

Edited April 25 by OldUser

[A110 96]

19 hours ago, US2UK said:

Thank you. Since filing we have:

- taken 2x beach trips

- filed 2x joint taxes again (late filed for 2022, and filed 2023) 

- renewed car insurance docs 

- have 7 months additional joint bank statements 

- started new joint AT&T account for our phones 

- have lease agreement showing we lived together for additional 7 months 

- photos from trips, holidays, birthdays, hanging out with friends. 

 

Hopefully that is enough. 

 

Of course I’m hoping the divorce goes as smoothly as possible, but am not sure what to expect given his existing behavior. I’ll just have to hope for the best. 

I'm pretty sure you can cough up some more evidence if you think about it for a few days. I even included the Amtrack tickets we took to Philly for a day trip. As long as it has both your names and you did it together I would include it.

[Rocio0010 5,580]

16 hours ago, Allaboutwaiting said:

Correct, I said it CAN be done during interview (as in it is an option, a possible action).

 

My first statement: notify USCIS as soon as you have the decree.

Correct statement would be: it CAN be done during the interview IF you have one. Chances are they won't have one, so no opoortunity to inform USCIS under your premises.

 

Waiting until they have the decree is also dangerous. Some divorces take long, and so they might approve it under the premises of a joint filing when they have already separated.

 

Best course of action is to notify uscis of the divorce if they know that's the course of action. Down the road USCIS will request for the divorce decree, which they can provide then. If it is denied, one can refile for a new 751.