Help navigating ROC

[Emma H 1]

I moved to the US in December of 2021 and got married by the end of that month. Things were moving along quite nicely for a while. However, the second half of 2023 saw a complete break down of my marriage. December of 2023 we separated. Since then, we have had a few moments of considering a reconciliation, but I'm here now. The entire K-1 process, up to this point, was done by my spouse, so I am clueless around these parts but in the process of educating myself by gathering as much information as I can to navigate the removal of conditions of my greencard on my own. We are going to file for a divorce in the upcoming month. I need help in figuring out how to go about removing the conditions of my greencard while my divorce is not finalized. If there is anyone here who has been in this situation who can offer any insight, I would greatly appreciate it. How do I go about filing the waiver when the divorce is not finalized? Is it possible or do I need to file jointly if I don't have the divorce decree? Please, any info at all will be helpful and appreciated. 

[Crazy Cat 41,610]

When does your conditional Green card expire?

Ideally, you should file for divorce asap, then file the I-751 with a divorce waiver as soon as you get the final divorce decree.

 

Edited August 28 by Crazy Cat

[Emma H 1]

My conditional greencard expires at the end of January 2025. I don't have the finances in this moment to file the divorce so I am waiting for my spouse to file, which I was told would be in September. Do I need the divorce to be finalized  in order to do this on my own? 

[Crazy Cat 41,610]

4 minutes ago, Emma H said:

My conditional greencard expires at the end of January 2025. I don't have the finances in this moment to file the divorce so I am waiting for my spouse to file, which I was told would be in September. Do I need the divorce to be finalized  in order to do this on my own? 

There is no "separated" category on the I-751. Some attorneys recommend filing under the "divorced" category if you do not yet have the final decree.  Keep in mind that USCIS will then, at some point later, issue an RFE, then requiring you to submit the final decree (within 90 days, likely).  

Edited August 28 by Crazy Cat

[Crazy Cat 41,610]

I think you really need to start gathering evidence that you entered the marriage in good faith. 

[Emma H 1]

10 minutes ago, Crazy Cat said:

 

I have been gathering my proofs of the marriage being entered in good faith. I am just not clear on the steps to take if I don't have a finalized divorce at the time of filing. 

[Crazy Cat 41,610]

16 minutes ago, Emma H said:

Do I need the divorce to be finalized  in order to do this on my own?

If you file before the divorce is final, USCIS is going to send you an RFE requiring the final divorce decree.  So, some strategic planning is required as far as timimg.

[Emma H 1]

Would it be truly safe to file under divorced if I'm not yet divorced? I just wouldn't want to provide any inaccurate information and have it impact anything negatively for me. 

[Crazy Cat 41,610]

17 minutes ago, Emma H said:

Would it be truly safe to file under divorced if I'm not yet divorced? I just wouldn't want to provide any inaccurate information and have it impact anything negatively for me. 

In my opinion, you should not file a joint I-751 if divorce proceedings are underway.  You risk USCIS approving the joint I-751 without an interview and no knowledge that you were not still married.  That could result in big issues later downstream at naturalization.  According to the attorney opinions I have seen, they say you can (assuming divorce proceedings are underway, but no final decree):

 

1.  File with a divorce waiver and a letter explaining that divorce is underway, but no final decree has been issued.  Of course submit good faith evidence, too.  USCIS will send you an RFE for the decree.  That will give you about 3 months to get the decree. In my opinion, you could wait until just before your Green Card expires to do this. 

 

or

 

2.  Wait to file the I-751 when you have the final decree......even if it is after your Green Card expires.  This option scares me because you could be placed in removal proceeding before an immigration judge.

 

I think both these options show that filing for divorce asap would be beneficial.

 

Others here might have better ideas.

 

 

Edited August 28 by Crazy Cat

[Emma H 1]

Thank you for all you have shared with me. I truly do appreciate it. If there is anything else that you think of, please don't hesitate to send something my way. 

[Family 3,988]

If the marriage is broken without hope of reconciliation, then count on yourself to take the necessary steps. ‘Divorce.

 

Look up your local court for self help guides and even in person clinics to navigate paperwork…if no asset battles exist. Yes you can DIY.

You cannot afford to wait …your ex is not vested in making your USCIS journey easy…YOU are. Remember, it’s been 10 months you have no longer lived together…so don’t even think about convincing him to do joint filing. 
 

Additionally , your state may have a waiting period, after filing, ex CA is 6 months..

‘Filing fee is about $450 and courts will waive if your income /circumstances warrant it. 

 

 

[OldUser 6,478]

1 hour ago, Family said:

You cannot afford to wait …your ex is not vested in making your USCIS journey easy…YOU are. Remember, it’s been 10 months you have no longer lived together…so don’t even think about convincing him to do joint filing. 
 

Additionally , your state may have a waiting period, after filing, ex CA is 6 months..

^^ This.

 

Need to collect as much evidence of good faith marriage as possible. Then file for divorce in preparation for I-751 with divorce waiver filing. The time to file for divorce was yesterday...

Edited August 28 by OldUser

[midwinterrose 275]

Just an FYI, the ROC takes a long time to be adjudicated.

 

We filed in March of 2021, and it was approved in October of 2022; others' have taken 3+ years to be adjudicated.

 

So you could file for divorce in Sep 2024, then file for ROC early Jan 2025, before your card expires, and you might even have the divorce decree in hand before they even get around to looking at your case.  If you didn't have the decree yet, they would deny the application and then you would have to re-file.

 

When you file for ROC you will get a letter stating that you have a pending application, and that letter will extend the validity of your green card up to 48 months.  Having an expired green card and no extension letter will seriously hinder your ability to operate, if, for example, you needed to renew your driver's license or something along those lines.

[MADY56 1]

On 8/28/2024 at 10:05 PM, Emma H said:

I moved to the US in December of 2021 and got married by the end of that month. Things were moving along quite nicely for a while. However, the second half of 2023 saw a complete break down of my marriage. December of 2023 we separated. Since then, we have had a few moments of considering a reconciliation, but I'm here now. The entire K-1 process, up to this point, was done by my spouse, so I am clueless around these parts but in the process of educating myself by gathering as much information as I can to navigate the removal of conditions of my greencard on my own. We are going to file for a divorce in the upcoming month. I need help in figuring out how to go about removing the conditions of my greencard while my divorce is not finalized. If there is anyone here who has been in this situation who can offer any insight, I would greatly appreciate it. How do I go about filing the waiver when the divorce is not finalized? Is it possible or do I need to file jointly if I don't have the divorce decree? Please, any info at all will be helpful and appreciated. 

sad to hear your story but i think things don't always go as we want them to be