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phoenix1479

possible to delay ROC? please help!

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I'm writing on behalf of my friend who is a USC. She had an arranged marriage which is breaking down. She is now in the 90 day period for removal of conditions for her husband, but she is unsure about filing for it. What are her options? Can ROC be postponed, can she get an extension? If ROC is not filed and he returns to his country, can she re-file for him to come here in the event that they can eventually reconcile their differences?

Please advise... Vj'ers your input is greatly valued. Thanks!

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I'm writing on behalf of my friend who is a USC. She had an arranged marriage which is breaking down. She is now in the 90 day period for removal of conditions for her husband, but she is unsure about filing for it. What are her options? Can ROC be postponed, can she get an extension? If ROC is not filed and he returns to his country, can she re-file for him to come here in the event that they can eventually reconcile their differences?

Please advise... Vj'ers your input is greatly valued. Thanks!

With or without her, he MUST refile, otherwise his status as a permanent resident will be terminated and USCIS will start removal proceedings..

He can file WITHOUT her if he intends to obtain a divorce...or they can file together..very few couples are being called for interviews anyway..


بسم الله الرحمن الرحيم
I-751 (waiver) Timeline:
1/22/2010 Sent I-751 Waiver to VSC
1/26/2010 NOA
2/19/2010 Biometrics
4/30/2010 Card Production ordered (الحمد لله )
5/05/2010 Received Approval Notice
5/22/2010 Card Received
N:400
12/07/2012: Sent N400

12/13/2012: Check Cashed
12/12/2012: NOA
12/26/2012: Biometrics
02/08/2013: Placed in line for interview
02/11/2013: Scheduled for interview
03/18/2013: Interview

05/03/2013: Call from USCIS for oath ceremony!(الحمد لله)

05/08/2013: Oath Ceremony & Passport application

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I'm writing on behalf of my friend who is a USC. She had an arranged marriage which is breaking down. She is now in the 90 day period for removal of conditions for her husband, but she is unsure about filing for it. What are her options? Can ROC be postponed, can she get an extension? If ROC is not filed and he returns to his country, can she re-file for him to come here in the event that they can eventually reconcile their differences?

Please advise... Vj'ers your input is greatly valued. Thanks!

Unfortunately when it comes to I-751, there's no such thing as delaying it to sort out marrital problems. If the 90 days are upon them, they have to make a decision quick. There are no grey areas. I don't think he has enough time to go through with a divorce and have the papers ready withing 90 days. I may be wrong though. If they don't file, he's going to get deported and she may have a VERY HARD time trying to file to bring him back when they mend their marriage.

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ROC is not like AOS in that the USC spouse is not 'necessary' to success. The immigrant spouse can remove conditions on his/her own as long as he/she can sufficiently demonstrate that the marriage (upon which his eligibility is based) was entered in good faith. The requirement is that ROC must be filed before the expiration of the conditional card...advisably 90 days before the expiration of the conditional card. If ROC hasn't been filed for by the time the conditional card expires, the resident falls out of status and subject to deportation proceedings.


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