ROC with tentative divorce

[oldpunk 0]

Hello everyone. I'm looking for help and advice, please.

 

I received my conditional green card from a bona fide marriage in March 2023. In Dec 2023, my US citizen spouse discovered I had an affair after the fact (I know yes) and we almost divorced. They went nuclear and threatened to call USCIS send them chatlogs of myself with the affair person etc.

 

We solved the issues in the end with honest talking and some couples therapy, but these months have been very difficult for me. Can't blame anyone else but myself but yeah. I've been thinking about divorcing because there's too much bitterness between us. What I'm afraid of is basically:

 

•If it becomes a lengthy divorce, what would happen if I can't produce the final divorce decree by the time USCIS sends the final RFE? Will I be put in removal proceedings?

•What happens if my spouse sends chatlogs to USCIS out of anger? Will it damage my case greatly? We did enter this marriage out of real love, and the documentation we sent proved it. Leases, joint accounts, trips around America, photos with friends, tax returns. We do have a life together. Still do.

•Do i751 cases with divorce waivers get automatic extension letters? What if I miss the 90 day window, can I still file? Will I be out of status?

 

Thanks all for your time. 

 

[carmel34 3,576]

Your conditional green card is valid until March of 2025, so you should file an I-751, divorce waiver, with supporting documents as evidence that your marriage was bona fide by January to be safe.  If you have decided for sure on divorce, start the process immediately.  When you file the I-751 in January, you might already have a divorce decree, in that case, include a copy.  If the divorce is still in process, explain in the cover letter that the divorce process started in May, 2024, and is still pending.  The RFE requesting the divorce decree may take a few months, because I-751s take forever to process, so unless your divorce takes more than a year, you should be fine.  Yes, you will get a 48-month extension letter after filing the I-751.  USCIS will not normally be persuaded by an angry ex if you have good documents showing financial co-mingling and cohabitation since the date of marriage until separation/divorce.  Most ROC cases with divorce waiver are approved.  Best advice is to get a good divorce attorney.  Good luck!  

[oldpunk 0]

57 minutes ago, carmel34 said:

Your conditional green card is valid until March of 2025, so you should file an I-751, divorce waiver, with supporting documents as evidence that your marriage was bona fide by January to be safe.  If you have decided for sure on divorce, start the process immediately.  When you file the I-751 in January, you might already have a divorce decree, in that case, include a copy.  If the divorce is still in process, explain in the cover letter that the divorce process started in May, 2024, and is still pending.  The RFE requesting the divorce decree may take a few months, because I-751s take forever to process, so unless your divorce takes more than a year, you should be fine.  Yes, you will get a 48-month extension letter after filing the I-751.  USCIS will not normally be persuaded by an angry ex if you have good documents showing financial co-mingling and cohabitation since the date of marriage until separation/divorce.  Most ROC cases with divorce waiver are approved.  Best advice is to get a good divorce attorney.  Good luck!  

Thank you so much, your response gives me hope. I've built a life here in America and I would not want it to be uprooted. We also have an income disparity and I earn more than my spouse, but I read somewhere that the affidavit of support comes into play before anything else.

 

Speaking of which, I have a co-sponsor, will they be affected by my divorce if things go awry? I know this may not be the place to ask divorce related questions but it crosses with immigration. Thanks so much for the help so far!

[Family 3,842]

1 hour ago, oldpunk said:

We did enter this marriage out of real love, and the documentation we sent proved it. Leases, joint accounts, trips around America, photos with friends, tax returns. We do have a life together. Still do

Your paper trail of joint life is extensive and will carry the I-751 from immediate extension letter to grant. 
 

To be blunt , not much of a good life ( past or present ) for your USC spouse if your part was deception and extramarital affair. 
‘Even now, you are thinking and planning out divorce at your convenience ..since I can only assume she was the moving party wanting divorce Dec 2023.

 

You will keep your green card and US life…no matter her complaining to USCIS about infidelity. …so don’t string her along, , be honest .
 

 

[Family 3,842]

25 minutes ago, oldpunk said:

Thank you so much, your response gives me hope. I've built a life here in America and I would not want it to be uprooted. We also have an income disparity and I earn more than my spouse, but I read somewhere that the affidavit of support comes into play before anything else.

 

Speaking of which, I have a co-sponsor, will they be affected by my divorce if things go awry? I know this may not be the place to ask divorce related questions but it crosses with immigration. Thanks so much for the help so far!

You are a self sufficient, high income earner so no I-864 issues at play . ..unless of course you decide to stop working and demand your low income USC spouse and joint sponsor dole out poverty guideline $ for you post divorce 

[SalishSea 17,506]

1 hour ago, oldpunk said:

Thank you so much, your response gives me hope. I've built a life here in America and I would not want it to be uprooted. We also have an income disparity and I earn more than my spouse, but I read somewhere that the affidavit of support comes into play before anything else.

 

Speaking of which, I have a co-sponsor, will they be affected by my divorce if things go awry? I know this may not be the place to ask divorce related questions but it crosses with immigration. Thanks so much for the help so far!

You will be responsible for spousal support/child support (if any) as per your state’s family law.

[Daphne . 1,825]

How long before you married did you know your spouse? And what was your immigration status in the US before you got married?
 

I don’t think it’s fair to say they got ‘nuclear’ on you, because the totality of the circumstances (including the affair) could 100% be signs that they were right to feel that way..

[Crazy Cat 41,288]

3 hours ago, oldpunk said:

What happens if my spouse sends chatlogs to USCIS out of anger?

Might depend on the content of the chats.  

[oldpunk 0]

17 hours ago, Daphne . said:

How long before you married did you know your spouse? And what was your immigration status in the US before you got married?
 

I don’t think it’s fair to say they got ‘nuclear’ on you, because the totality of the circumstances (including the affair) could 100% be signs that they were right to feel that way..

We've known each other for close of 20 years, and I was out of status when we did. I'm no saint, I agree. 

17 hours ago, Crazy Cat said:

Might depend on the content of the chats.  

They're explicit in nature but nothing about lying to get status or anything like that. 

[oldpunk 0]

18 hours ago, Family said:

Your paper trail of joint life is extensive and will carry the I-751 from immediate extension letter to grant. 
 

To be blunt , not much of a good life ( past or present ) for your USC spouse if your part was deception and extramarital affair. 
‘Even now, you are thinking and planning out divorce at your convenience ..since I can only assume she was the moving party wanting divorce Dec 2023.

 

You will keep your green card and US life…no matter her complaining to USCIS about infidelity. …so don’t string her along, , be honest .
 

 

We tried to make it work, and divorce was a mutually agreed thing at one moment but we decided to put a stop to it.

[Daphne . 1,825]

1 hour ago, oldpunk said:

We've known each other for close of 20 years, and I was out of status when we did. I'm no saint, I agree. 

 

I should have been more specific. You have known each other for 20 years, how many years of those 20 years were you in a romantic relationship then? 
 

You were out of status, so a marriage with a USC was a way to fix that and in that short period of time you already had an affair. You only just received your greencard and now want a divorce. From an outsider perspective these factors are already a little sketchy, and she might have even more info, so again: she might have good grounds to want to report you. Even if she does, it might not make a difference for your I-751 with a divorce waiver though. 

[oldpunk 0]

On 5/27/2024 at 11:49 AM, Daphne . said:

I should have been more specific. You have known each other for 20 years, how many years of those 20 years were you in a romantic relationship then? 
 

You were out of status, so a marriage with a USC was a way to fix that and in that short period of time you already had an affair. You only just received your greencard and now want a divorce. From an outsider perspective these factors are already a little sketchy, and she might have even more info, so again: she might have good grounds to want to report you. Even if she does, it might not make a difference for your I-751 with a divorce waiver though. 

We started dating seriously in 2017 and I arrived to America in 2019, got married in 2021 after living together all that time. I understand that an affair may seem like I planned the whole thing just to get an immigration benefit but I'm not smart enough to be that cunning for close to a decade.