Jump to content
newyork1234

USC wife cheated- ROC, divorce, what next? (split and merge)

15 posts in this topic

Recommended Posts

Posted (edited)

Hi 

can anyone please help me with the following questions?

I got married with the USC wife and already have conditional green card. We are supposed to file for ROC in Nov 2018. we have a lot of document and pictures in common which proves bonafied marriage. (car insurance, lease , utilities,  dental insurance, bank statement, three credit cards of mine that she is authorized to use, sam's club membership, joint tax return, drivers license the same address, health insurance, etc).

few months ago she betrayed me and I caught her having nude chat with a guy, she confessed it , I talked to her family and finally they assured me that she will compensate and it was an accident. I forgave her and she promised to never repeat the mistake.

recently I caught her naked with a guy in my apartment , I was shocked ... . and called police , the guy ran away before police come over, police reported it. plus that I found a lot of sex chat with some random people in her phone and took video and shot from all of them.

the question is what should I do now? file for divorce? I should file for divorce or she? what are the next steps? ( I came to the US by F1 visa and still student).

I am shocked and completely confused, please tell me what should I do now?

Edited by Penguin_ie

Share this post


Link to post
Share on other sites
19 hours ago, newyork1234 said:

Hi 

can anyone please help me with the following questions?

I got married with the USC wife and already have conditional green card. We are supposed to file for ROC in Nov 2018. we have a lot of document and pictures in common which proves bonafied marriage. (car insurance, lease , utilities,  dental insurance, bank statement, three credit cards of mine that she is authorized to use, sam's club membership, joint tax return, drivers license the same address, health insurance, etc).

few months ago she betrayed me and I caught her having nude chat with a guy, she confessed it , I talked to her family and finally they assured me that she will compensate and it was an accident. I forgave her and she promised to never repeat the mistake.

recently I caught her naked with a guy in my apartment , I was shocked ... . and called police , the guy ran away before police come over, police reported it. plus that I found a lot of sex chat with some random people in her phone and took video and shot from all of them.

the question is what should I do now? file for divorce? I should file for divorce or she? what are the next steps? ( I came to the US by F1 visa and still student).

I am shocked and completely confused, please tell me what should I do now?

Run Forest Run..............

Share this post


Link to post
Share on other sites

Definitely think a divorce is in order. And whoever files first in the good old USA usually has the upper hand. I think you will have no problems ROC on your own, and it would be in your best interest to go that way, but give it a few hours, and you will have a bunch of advice, but I am pretty sure they are all going to lean towards divorce.

Share this post


Link to post
Share on other sites

Yeah, I would advise filing for divorce, and when you file for ROC in November, do so with the divorce waiver. If you don't have the divorce paperwork when sending in your ROC petition, no worries as long as you have it by the time USCIS sends you a RFE requesting that documentation.

 

 


Removing Conditions Timeline

Aug. 10, '17: Mailed in I-751

Aug. 21, '17: NOA1

Share this post


Link to post
Share on other sites
On 6/7/2018 at 4:05 PM, Loren Y said:

Definitely think a divorce is in order. And whoever files first in the good old USA usually has the upper hand. I think you will have no problems ROC on your own, and it would be in your best interest to go that way, but give it a few hours, and you will have a bunch of advice, but I am pretty sure they are all going to lean towards divorce.

thank you very much for the advice. I think in my state the uncontested divorce decree will be issued in less than three months (lets say in August I have the divorce decree) , then I do NOT have to wait until Novemver to file for ROC , right? in other word, I can file for ROC as soon as I get the divorce decree and do not have to wait till 90 days before expiration date of the GC. please clear me if I am wrong.

The other question is: does it matter if I file for divorce contested or uncontested? (cause now she want the divorce with agreement).

Share this post


Link to post
Share on other sites
Posted (edited)
On 6/7/2018 at 4:33 PM, usmsbow said:

Yeah, I would advise filing for divorce, and when you file for ROC in November, do so with the divorce waiver. If you don't have the divorce paperwork when sending in your ROC petition, no worries as long as you have it by the time USCIS sends you a RFE requesting that documentation.

 

 

Thank you my friend.

recently I found a lot of evidence ( text message, picture, etc.) in her phone and I got screenshot and video from them proving she has been betraying me. Does USCIS accept video if I attach them with the other documents?

I recorded her voice which she confessed she has been betraying me, plus she curing men with the bad words. does USCIS accept voice record attached with the documents? 

if not, so how can I show the officers those videos and recorded voice files?

Edited by newyork1234

Share this post


Link to post
Share on other sites
20 minutes ago, newyork1234 said:

thank you very much for the advice. I think in my state the uncontested divorce decree will be issued in less than three months (lets say in August I have the divorce decree) , then I do NOT have to wait until Novemver to file for ROC , right? in other word, I can file for ROC as soon as I get the divorce decree and do not have to wait till 90 days before expiration date of the GC. please clear me if I am wrong.

The other question is: does it matter if I file for divorce contested or uncontested? (cause now she want the divorce with agreement).

Just because you get divorced, I don't think it would change the time you file to remove conditions. That is still 90 days before your green card expires. I don't believe that would work, because let's say you get married, then a month later get divorced, you still have to wait for the correct "window" to apply to remove conditions.

Share this post


Link to post
Share on other sites
1 minute ago, Loren Y said:

Just because you get divorced, I don't think it would change the time you file to remove conditions. That is still 90 days before your green card expires. I don't believe that would work, because let's say you get married, then a month later get divorced, you still have to wait for the correct "window" to apply to remove conditions.

I heard that from several lawyers in youtube and some other websites. But I have not seen It in USCIS website. 

Share this post


Link to post
Share on other sites
7 minutes ago, newyork1234 said:

I heard that from several lawyers in youtube and some other websites. But I have not seen It in USCIS website. 

Yes, I am in no way an expert, I'm sure one of the senior members on here has dealt with this question before. Unless I saw that you could file early on the USCIS site, or in their instructions somewhere, I would stick to the original plan for ROC.

Share this post


Link to post
Share on other sites
1 hour ago, newyork1234 said:

 in other word, I can file for ROC as soon as I get the divorce decree and do not have to wait till 90 days before expiration date of the GC. please clear me if I am wrong.

 

This is correct.

A divorce waiver I-751 can be filed at any time after gaining permanent residence, right up until a final order of removal by am immigration judge in court.

It even states this on the instructions.

Joint filings must be in the 90 day period but this does not apply to waiver filings.


CR1 / DCF (London): 2012 / 2013 (4.5 months from I-130 petition to visa in hand)

 

I-751 #1 [Denied]

 

Early May 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
May 2015: Notice of receipt/1yr extension received, dated day of receipt. This was forwarded to me outside the US, and no issues re-entering multiple times.
June 2015: Biometrics completed - walk in / argument, stressing proof of imminent travel and multiple prior inconvenient appointments & reschedules.
May 2016: Vermont Service Centre updated to processing May 2015 cases, therefore my case is now classed as outside normal processing time
May 2016: Service request sent (whatever that is) after calling to find out why I am still waiting after 12 months. Unable to tell me anything.
May 2016: Letter received in response, stating processing is on hold due to 'pending security checks' with no other information. Not helpful.
May 2016: (7am) - Infopass appointment for I-551 Stamp in passport.  (8am) - Returned to USCIS office for another I-551 stamp after realizing the dumbass put the expiry stamp as 2015 not 2017. Two entire passport pages wasted. Cheers. 

Oct 2016: Infopass appointment (not at local office). USCIS have sent my file to an overseas office, in a country that neither myself or my spouse have ever resided in. It has sat there untouched for five months. Why? Who knows. Internal query requesting urgent clarification is sent by USCIS officer.  
Oct 2016: An identical 'pending security check'  letter received, addressing precisely none of my or the immigration officers legitimate queries. 
Nov 2016: Infopass appointment: My file is now back in the US and at my local office...no other updates or progress. 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'       Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance - enough is enough. 
May 2017: Yet another infopass. No updates, interview of further progress. Still no response from Congressperson, Senator, or Ombudsman received. 
June 2017: 68 days after contacting them, the Ombudsman finally contacted USCIS. 'It may take up to 60 days to receive a response'.   
July 2017:  A follow up enquiry sent by Ombudsman to USCIS after receiving no response or action after 45 days. I am Jack's complete lack of surprise. 
August 2017: 60 days has come and gone with no response from USCIS. Contacted the Ombudsman who will contact them AGAIN. 
August 2017: Email from Ombudsman - USCIS have scheduled an interview at the very end of August .  
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
September 2017: Now 4 weeks since interview, my file has not moved from the officers desk, and no decision is showing when I call and speak to a Tier 2.  
September 2017: Request filed for Senator assistance (a different senator - maybe I will get a reply & assistance from this one?). 
October 2017: 37 days since interview....and no decision.  W, and indeed, TF is going on???? 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS

I-751 #2 [Pending] 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  

October 2017: I-797C Receipt/extension letter received, dated day of receipt at VSC 

October 2017: Another I-551 stamp obtained at infopass appointment, as the extension letter is useless with a 2yr card that expired 2.5yrs ago! 

November 2017: Biometrics completed (early walk-in) 

2018: Re-entered US multiple times with second I-751 extension letter & stamp. Quick trip to secondary required to verify, and stamped in as normal

  

N-400 [Pending] 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February 2018: Biometrics completed (walk-in)

Share this post


Link to post
Share on other sites
1 hour ago, mindthegap said:

 

This is correct.

A divorce waiver I-751 can be filed at any time after gaining permanent residence, right up until a final order of removal by am immigration judge in court.

It even states this on the instructions.

Joint filings must be in the 90 day period but this does not apply to waiver filings.

Thank you so much for clarification. 

Is there any difference in time processing of the cases between "ROC waiver" and "regular ROC"?

Share this post


Link to post
Share on other sites
1 hour ago, Loren Y said:

Yes, I am in no way an expert, I'm sure one of the senior members on here has dealt with this question before. Unless I saw that you could file early on the USCIS site, or in their instructions somewhere, I would stick to the original plan for ROC.

Thank you. I know a lot of divorce happens before ROC, why people are not coming to VJ to share their experience. I saw some few posts. but the page is already closed and not active anymore.

Share this post


Link to post
Share on other sites
43 minutes ago, newyork1234 said:

Thank you so much for clarification. 

Is there any difference in time processing of the cases between "ROC waiver" and "regular ROC"?

Waiver more likely to get an interview which may possibly delay it, but not guaranteed - can still be approved without interview. 

Both are adjudicated on the evidence provided - you won’t denied purely on the basis of being divorced.

 

Processing times are ridiculous for any I-751 right now anyway, so filing early may well get you approved faster than you would if jointly.

 


CR1 / DCF (London): 2012 / 2013 (4.5 months from I-130 petition to visa in hand)

 

I-751 #1 [Denied]

 

Early May 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
May 2015: Notice of receipt/1yr extension received, dated day of receipt. This was forwarded to me outside the US, and no issues re-entering multiple times.
June 2015: Biometrics completed - walk in / argument, stressing proof of imminent travel and multiple prior inconvenient appointments & reschedules.
May 2016: Vermont Service Centre updated to processing May 2015 cases, therefore my case is now classed as outside normal processing time
May 2016: Service request sent (whatever that is) after calling to find out why I am still waiting after 12 months. Unable to tell me anything.
May 2016: Letter received in response, stating processing is on hold due to 'pending security checks' with no other information. Not helpful.
May 2016: (7am) - Infopass appointment for I-551 Stamp in passport.  (8am) - Returned to USCIS office for another I-551 stamp after realizing the dumbass put the expiry stamp as 2015 not 2017. Two entire passport pages wasted. Cheers. 

Oct 2016: Infopass appointment (not at local office). USCIS have sent my file to an overseas office, in a country that neither myself or my spouse have ever resided in. It has sat there untouched for five months. Why? Who knows. Internal query requesting urgent clarification is sent by USCIS officer.  
Oct 2016: An identical 'pending security check'  letter received, addressing precisely none of my or the immigration officers legitimate queries. 
Nov 2016: Infopass appointment: My file is now back in the US and at my local office...no other updates or progress. 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'       Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance - enough is enough. 
May 2017: Yet another infopass. No updates, interview of further progress. Still no response from Congressperson, Senator, or Ombudsman received. 
June 2017: 68 days after contacting them, the Ombudsman finally contacted USCIS. 'It may take up to 60 days to receive a response'.   
July 2017:  A follow up enquiry sent by Ombudsman to USCIS after receiving no response or action after 45 days. I am Jack's complete lack of surprise. 
August 2017: 60 days has come and gone with no response from USCIS. Contacted the Ombudsman who will contact them AGAIN. 
August 2017: Email from Ombudsman - USCIS have scheduled an interview at the very end of August .  
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
September 2017: Now 4 weeks since interview, my file has not moved from the officers desk, and no decision is showing when I call and speak to a Tier 2.  
September 2017: Request filed for Senator assistance (a different senator - maybe I will get a reply & assistance from this one?). 
October 2017: 37 days since interview....and no decision.  W, and indeed, TF is going on???? 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS

I-751 #2 [Pending] 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  

October 2017: I-797C Receipt/extension letter received, dated day of receipt at VSC 

October 2017: Another I-551 stamp obtained at infopass appointment, as the extension letter is useless with a 2yr card that expired 2.5yrs ago! 

November 2017: Biometrics completed (early walk-in) 

2018: Re-entered US multiple times with second I-751 extension letter & stamp. Quick trip to secondary required to verify, and stamped in as normal

  

N-400 [Pending] 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February 2018: Biometrics completed (walk-in)

Share this post


Link to post
Share on other sites
1 hour ago, mindthegap said:

Waiver more likely to get an interview which may possibly delay it, but not guaranteed - can still be approved without interview. 

Both are adjudicated on the evidence provided - you won’t denied purely on the basis of being divorced.

 

Processing times are ridiculous for any I-751 right now anyway, so filing early may well get you approved faster than you would if jointly.

 

you are right 

sound like taking 12 to 15 months of processing time of I751 for Vermont Center 

Share this post


Link to post
Share on other sites

****** post split from other thread by another member.  Please post questions about your own case in your own thread. *****


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×