ROC coming soon but we are separated

[firebird00 66]

Hi everyone.

So my ROC is coming soon, around 3 months from now. I've had issues with my wife and we tried to fix them while the divorce option was on the table, however few weeks ago I had to travel back to my country because my father's health is going worse and I needed to be there for many reasons. My question is I dont know if we are heading to a divorce and when if so, and i dont want to file for divorce just for the sake of using the divorce waiver (I have a lot of good faith evidence) As well as I dont want to end the marriage and lose my wife. If i go back to the US for couple of weeks can my wife and I file for ROC joint if we are separated (not legally separated)? knowing that I might have to return to my country untill I finish what I need to finish over there (such as legal matters about the family business and properties,etc). Both my wife and I dont know if we are heading to a divorce ans we are working on things, but as I said ROC is ahead of us. My legal address is still our marital home and I am receiving mail there, nothing changed. What do you suggest?

Edited August 11, 2016 by firebird00

[Hypnos 6,576]

Is your wife willing to jointly submit an I-751 with you? If not, you have fewer options.

[firebird00 66]

Is your wife willing to jointly submit an I-751 with you? If not, you have fewer options.

Ya she is willing to submit the I-751 jointly.

[Hypnos 6,576]

I would jointly file the I-751 whenever you become eligible, and change to a waiver filing down the line if you do decide to divorce.

[firebird00 66]

I would jointly file the I-751 whenever you become eligible, and change to a waiver filing down the line if you do decide to divorce.

Can we submit jointly if we are separated but not lgeally? Just to see how we both feel abut being away from each other. My legal address is still. Do I have to notify USCIS? I read on their website that I dont have to if its temporarily move and I can still get the mail from the address they have, which is my case.

[Hypnos 6,576]

Under those circumstances you may wish to consult with an experienced immigration attorney before filing anything.

You only need notify USCIS about permanent address changes, not temporary ones.

[firebird00 66]

Under those circumstances you may wish to consult with an experienced immigration attorney before filing anything.

You only need notify USCIS about permanent address changes, not temporary ones.

Thank you.

[newacct 688]

Yes, you can jointly file ROC, and even have it approved, even if you are separated or have initiated divorce (as long as divorce has not finished). The things that are required for approval are that you are still married, and the marriage was not entered into for the purpose of evading immigration laws. If they know you are separated, they will probably request an interview. In that case, both of you must be willing to attend the interview for the ROC to succeed.

[firebird00 66]

Yes, you can jointly file ROC, and even have it approved, even if you are separated or have initiated divorce (as long as divorce has not finished). The things that are required for approval are that you are still married, and the marriage was not entered into for the purpose of evading immigration laws. If they know you are separated, they will probably request an interview. In that case, both of you must be willing to attend the interview for the ROC to succeed.

Thanks for your input, it's helpful.

[wavj 26]

Hi everyone.

So my ROC is coming soon, around 3 months from now. I've had issues with my wife and we tried to fix them while the divorce option was on the table, however few weeks ago I had to travel back to my country because my father's health is going worse and I needed to be there for many reasons. My question is I dont know if we are heading to a divorce and when if so, and i dont want to file for divorce just for the sake of using the divorce waiver (I have a lot of good faith evidence) As well as I dont want to end the marriage and lose my wife. If i go back to the US for couple of weeks can my wife and I file for ROC joint if we are separated (not legally separated)? knowing that I might have to return to my country untill I finish what I need to finish over there (such as legal matters about the family business and properties,etc). Both my wife and I dont know if we are heading to a divorce ans we are working on things, but as I said ROC is ahead of us. My legal address is still our marital home and I am receiving mail there, nothing changed. What do you suggest?

Wishing you good luck on your next step of your immigration journey. You have been given great advise here on how to proceed.

I am sorry to hear about things being unsure in your marriage. We have had difficult times as every other legit a couple as well but we manage to work things out. We both work really hard to have good life and currently making a lot of sacrifices to accomplish the goals we set when we decided to become a family (I have a child from previous marriage and we also adopted two kitties). I get on his nerves and he gets on mine, but there is always a "we" nonetheless when we talk about the future. I hope things unfold in a way that brings the greatest good for you two.

Cheers!

[firebird00 66]

Wishing you good luck on your next step of your immigration journey. You have been given great advise here on how to proceed.

I am sorry to hear about things being unsure in your marriage. We have had difficult times as every other legit a couple as well but we manage to work things out. We both work really hard to have good life and currently making a lot of sacrifices to accomplish the goals we set when we decided to become a family (I have a child from previous marriage and we also adopted two kitties). I get on his nerves and he gets on mine, but there is always a "we" nonetheless when we talk about the future. I hope things unfold in a way that brings the greatest good for you two.

Cheers!

That's true, there is always ups and downs and for things to work out it requires the efforts of both husband and wife. Good luck.

[RodDetroit 118]

Yes, you can jointly file ROC, and even have it approved, even if you are separated or have initiated divorce (as long as divorce has not finished). The things that are required for approval are that you are still married, and the marriage was not entered into for the purpose of evading immigration laws. If they know you are separated, they will probably request an interview. In that case, both of you must be willing to attend the interview for the ROC to succeed.

can they see if a divorce request has been submitted in the local city hall but never been processed ?

[firebird00 66]

can they see if a divorce request has been submitted in the local city hall but never been processed ?

I dont think they really care, for them its one of the two, either married or divorced.

[Harmonia 211]

In my state, there's no such thing as "legal separation". It sounds like you 2 are taking time apart, so there's no "legal separation". You're married.

I did think if you filed for divorce, you'd need to change to a divorce waiver ROC. Is that not the case? Newacct is usually spot on, and their reply indicates joint is fine if divorce is filed but not completed.

I think you should file jointly. Good luck working out your issues. Marriage is hard, and immigration makes it harder. Perhaps you will stay together and have a positive outcome after time apart or therapy, etc. I'm also sorry to hear about your father.

Edited August 11, 2016 by Harmonia

[firebird00 66]

In my state, there's no such thing as "legal separation". It sounds like you 2 are taking time apart, so there's no "legal separation". You're married.

I did think if you filed for divorce, you'd need to change to a divorce waiver ROC. Is that not the case? Newacct is usually spot on, and their reply indicates joint is fine if divorce is filed but not completed.

I think you should file jointly. Good luck working out your issues. Marriage is hard, and immigration makes it harder. Perhaps you will stay together and have a positive outcome after time apart or therapy, etc. I'm also sorry to hear about your father.

Yes that's true we are just taking time apart, no legal separation.

We will file jointly and see how things go, indeed marriage is hard. Thanks for your thoughts about my father.