ROC and restraining order

[Argenta2623 0]

Hello for everyone!

A week ago with my husband jointly filed ROC. He provided all documents the best he could. The information that we sent full and solid about our bona fide relationship. 
 

The problem is my husband has a drinking problem. When he gets drunk he can cuss everyone around him… We talk about he promised that he will get sober and get help from consular, but never did.I was mad and I told him I’m going to call cops if he won’t be stop harassing me and my kid.

Couple days ago we fought, I asked him to leave apartment or I’ll leave! he called 911 I heard he said something like I’m immigrant and have a hard time to adjust here in US that’s why I’m aggressive to him, sounds like he doesn’t have a privacy. Then he took his stuff and was harry to leave. 3 minutes after cops showed up. I open the door they asked me what was going on? I told him that my husband didn’t get a sex and get mad at me. He asked does he hurt me? I said no, the sheriff got my phone number and personal information and then left. 
Hey guys! I feel bad myself I will never trust him again. After that at 7 am he come back make me scared and asked me Do I want him to stay with me? I said after you done no I don’t, leave the apartment. He left and messaged me like if I liked him out I have to pay for rent and all expenses.

 

My question:1. What has to be my next step?

2. What can he do with ROC petition?

3. what would be if I’ll file Restraining Order against him?

[Lil bear 4,188]

17 minutes ago, Argenta2623 said:

Hello for everyone!

A week ago with my husband jointly filed ROC. He provided all documents the best he could. The information that we sent full and solid about our bona fide relationship. 
 

The problem is my husband has a drinking problem. When he gets drunk he can cuss everyone around him… We talk about he promised that he will get sober and get help from consular, but never did.I was mad and I told him I’m going to call cops if he won’t be stop harassing me and my kid.

Couple days ago we fought, I asked him to leave apartment or I’ll leave! he called 911 I heard he said something like I’m immigrant and have a hard time to adjust here in US that’s why I’m aggressive to him, sounds like he doesn’t have a privacy. Then he took his stuff and was harry to leave. 3 minutes after cops showed up. I open the door they asked me what was going on? I told him that my husband didn’t get a sex and get mad at me. He asked does he hurt me? I said no, the sheriff got my phone number and personal information and then left. 
Hey guys! I feel bad myself I will never trust him again. After that at 7 am he come back make me scared and asked me Do I want him to stay with me? I said after you done no I don’t, leave the apartment. He left and messaged me like if I liked him out I have to pay for rent and all expenses.

 

My question:1. What has to be my next step?

2. What can he do with ROC petition?

3. what would be if I’ll file Restraining Order against him?

Who is the LPR filing for ROC.. you or your husband ?  If its you, and you decided to divorce , you are still able to proceed with ROC but you must change the application type from joint to divorce and will need the divorce papers before it can be finalized. The ROC process can take several years so you have time to get these documents  in hand 

 

Firstly get yourself to safely.. consider carefully what you want to do ..  if you need to file an intervention order against him , do so….  Changing  the ROC status can be done anytime prior to the interview   

Edited September 3 by Lil bear

[OldUser 6,633]

1 hour ago, Lil bear said:

Changing  the ROC status can be done anytime prior to the interview   

In reasonable time. The danger is never switching to divorce waiver and getting approved on the wrong premise without interview.

[Timona 4,207]

Sound like OP is the LPR

[OldUser 6,633]

Assuming you're immigrant with conditional GC...

 

0) Make sure you and your child is safe.

Make copies of all important documents and evidence of relationship. Store originals with friends / safe deposit box at bank or other safe place. Store copies at friend's and / or in the cloud.

 

1) Decide whether you want to continue the marriage with the spouse. Can these problems be realistically solved? Do NOT factor in immigration at all. It's on a separate track, though somewhat related, you can remove conditions after getting divorced. You don't have to rely on US citizen spouse.

 

2) If you decide to divorce, don't wait. In some states it's a lengthy process. Speak to family lawyer and get to know the process.

 

3) If divorce is fast, you can convert I-751 to divorce waiver after divorce. If not, then you may need to consult with immigration lawyer about best timing for converting petition.

Edited September 3 by OldUser

[Lil bear 4,188]

1 hour ago, OldUser said:

In reasonable time. The danger is never switching to divorce waiver and getting approved on the wrong premise without interview.

Yes you are right ..recall the recent thread where the OP was approved for ROC without an interview and had never gotten around to notifying of the divorce. Thx for this caution