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Ratlos

unstable husband...roc interview

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Filed: Timeline

Hi there

I'm a long time member of this forum, but this is a sensitive topic so I chose to post this anonymously.

I have been married for 3 years now (living here in the U.S. since 2008) I have to file roc in September.

My marriage has been slowly deteriorating and I can no longer trust that my husband will help me through the process.

Worst case scenario: What are my options if my husband decides in the last minute to not participate?

e.g. Once I get the interview letter how should I proceed if the day before or the day of my husband decides to not go to the interview with me?

Bottom line what happens if I show up to the interview alone and have to explain his absence?

I know I have the option to file on my own, but that requires finalizing a divorce. In that case I can't trust him either to sign the papers on time.

I am desperate for any advise that you can give me. I highly appreciate it!

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Filed: Citizen (apr) Country: Colombia
Timeline

Hi there

I'm a long time member of this forum, but this is a sensitive topic so I chose to post this anonymously.

I have been married for 3 years now (living here in the U.S. since 2008) I have to file roc in September.

My marriage has been slowly deteriorating and I can no longer trust that my husband will help me through the process.

Worst case scenario: What are my options if my husband decides in the last minute to not participate?

e.g. Once I get the interview letter how should I proceed if the day before or the day of my husband decides to not go to the interview with me?

Bottom line what happens if I show up to the interview alone and have to explain his absence?

I know I have the option to file on my own, but that requires finalizing a divorce. In that case I can't trust him either to sign the papers on time.

I am desperate for any advise that you can give me. I highly appreciate it!

However it is a very SMALL percentage that get called for an ROC interview. Do you have good eveidence of bonafide marriage? Lease? Taxes etc? I wish you well (F)


Why is it that the only one who can stop the crying is the one who started it in the first place?



More Complete Story here
My Saga includes 2 step sons
USC Married 4/2007 Colombian on overstay since 2001 of B1/B2 visa
Applied 5/2007 Approved GC in Hand 10/2007
I-751 mailed 6/30/09 aapproved 11/7/09 The BOYS I-751 Mailed 12/29/09 3/23/10 Email approval for 17 CR 3/27/10
4/14/10 Email approval for 13 yr Old CR 4/23/10

Oldest son now 21 I-130 filed by LPR dad ( as per NVC CSPA is applying here )
I-130 approved 2/24
Priority date 12/6/2007
4/6/2010 letter from NVC arrives to son dated 3/4/2010
5/4/10 received AOS and DS3032 via email
9/22/10 Interview BOG Passed
10/3/10 POE JFK all went well
11/11/10 GC Received smile.png


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Filed: Timeline

We have joint lease, joint taxes, credit cards, pictures, joint bank accounts, utility bills, family plan for cell phones, renters insurance, disability insurance with me as beneficiary, vacation we took together, letters from friends and family stating that the marriage was entered in good faith.

We don't have joint health insurance and we don't own a car (not necessary where we live), and we don't have kids either.

Does that seem to be enough evidence?

Do you have any idea what would happen if the worst case scenario comes true and my husband decides to not go to the interview with me?

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Filed: Citizen (apr) Country: Jamaica
Timeline

We have joint lease, joint taxes, credit cards, pictures, joint bank accounts, utility bills, family plan for cell phones, renters insurance, disability insurance with me as beneficiary, vacation we took together, letters from friends and family stating that the marriage was entered in good faith.

We don't have joint health insurance and we don't own a car (not necessary where we live), and we don't have kids either.

Does that seem to be enough evidence?

Do you have any idea what would happen if the worst case scenario comes true and my husband decides to not go to the interview with me?

You have enough evidence, its jus the issue with getting him to accompany you that is a problem. I'd out-right ask him what he intends to do (nicely)... This would help you make a better decision


6y2gm4.pngE1nrm4.png

01/06/10 - Got Married

AOS from F-1 visa (2 months 2 1/2 weeks or 82 days)

04/14/10 - Sent AOS Package

04/26/10 - Hardcopy NOAs Received

05/16/10 - Biometrics letter

05/19/12 - Successful Walk-in Biometrics in Dover DE

07/07/10 - Interview Appointment in Philly- July 7 @ 11:05 am APPROVED

07/19/10 - 2 YEAR Green Card received

Removal of Conditions (9 months 1 1/2 weeks or 285 days)

04/08/12 - Eligibility date

04/19/12 - Sent ROC Package

04/26/12 - Hardcopy NOAs Received

05/17/10 - Biometrics letter

05/24/12 - Successful Walk-in Biometrics in Dover DE

01/25/13 - APPROVED- ROC card production ordered

02/05/13 - 10 YEAR Green Card received

Naturalization (5 months 2 days or 155 days)

04/15/13 - Eligibility date

06/07/13 - Sent Package

06/20/13 - Hardcopy NOAs Received

06/27/12 - Successful Walk-in Biometrics in Dover DE

07/05/13 - Interview letter sent/In-line notification

08/14/13 - Interview scheduled in Philly @ 1:30 pm APPROVED

11/07/13 - Oath Ceremony

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Filed: Timeline

He said he is going to help me with roc. But he has never been reliable and things are getting worse between us.

I'm sure he'll sign the papers but not sure if he would attend to the interview. That's why I'm so concerned about it.

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Filed: Timeline
orst case scenario: What are my options if my husband decides in the last minute to not participate?

His signature on the 751 is mandatory, or else your file will be denied

e.g. Once I get the interview letter how should I proceed if the day before or the day of my husband decides to not go to the interview with me?

Go to the interview alone, speak honestly to the officer, in most cases the file will be denied but they could give you an extension to append your application to a waiver.

Bottom line what happens if I show up to the interview alone and have to explain his absence?

Mostly denied, you will have to refile or append as a waiver. period.

I know I have the option to file on my own, but that requires finalizing a divorce. In that case I can't trust him either to sign the papers on time.

A crafty husband can be a pain, but your divorce lawyer will give you some crafty solutions. You need a divorce decree to the good faith waiver to be processed.

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Filed: Timeline

We have joint lease, joint taxes, credit cards, pictures, joint bank accounts, utility bills, family plan for cell phones, renters insurance, disability insurance with me as beneficiary, vacation we took together, letters from friends and family stating that the marriage was entered in good faith.

We don't have joint health insurance and we don't own a car (not necessary where we live), and we don't have kids either.

Does that seem to be enough evidence?

Do you have any idea what would happen if the worst case scenario comes true and my husband decides to not go to the interview with me?

Good evidence.

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Filed: IR-1/CR-1 Visa Country: Egypt
Timeline

I know I have the option to file on my own, but that requires finalizing a divorce.

Not necessarily. You may file on your own only with a divorce complaint. In such case, USCIS will send you RFE for the finalized divorce decree, which overall will buy you some time.


Wife's I-130:

03/15/2019 NOA1 (Nebraska Service Center)

02/11/2020 Case transferred to Vermont Service Center

02/02/2021 NOA2 الحمد لله

02/04/2021 Approval email
02/12/2022 NVC documents submitted

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Filed: AOS (apr) Country: Zambia
Timeline

His signature on the application is, more than likely, the only thing he will need to do. If there is no reason for USCIS not to grant the ROC, then no interview will be required.

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Filed: Timeline

An unstable husband can sway your application in any direction. He could withdraw the joint petition at any time in the process.

You can either work on your marriage or get a divorce as soon as possible. An unstable husband is a ticking time bomb!

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Filed: Timeline

Thank you so much for all your answers. I really appreciate it!

If I understand it right: If he lets me down at the interview, I get denied but have the possibility to file for a waiver?

I would not get deported, right?

I don't have to worry bout him withdrawing anything. He has no idea how the whole process works. He just signs the papers and that's it. The reason why he would not show up for the interview is because he "doesn't feel like it" because he just doesn't care.

My GC expires at the beginning of November.

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Filed: Timeline
If I understand it right: If he lets me down at the interview, I get denied but have the possibility to file for a waiver?

I would not get deported, right?

If your marriage is sham you will be deported, if you fear deportation contact a lawyer, there are no solutions for deportation on this forum.

I don't have to worry bout him withdrawing anything. He has no idea how the whole process works. He just signs the papers and that's it. The reason why he would not show up for the interview is because he "doesn't feel like it" because he just doesn't care.

What he feels and cares is his choice not yours. He has gone thru the AOS already for you, the 751 process can be understood by a 5th grader.

My GC expires at the beginning of November.

Hurry, time is not your friend, get a divorce and file a waiver OR bite your nails till your approved.

Edited by 3600rs

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Filed: AOS (pnd) Country: Jamaica
Timeline

Hi there

I'm a long time member of this forum, but this is a sensitive topic so I chose to post this anonymously.

I have been married for 3 years now (living here in the U.S. since 2008) I have to file roc in September.

My marriage has been slowly deteriorating and I can no longer trust that my husband will help me through the process.

Worst case scenario: What are my options if my husband decides in the last minute to not participate?

e.g. Once I get the interview letter how should I proceed if the day before or the day of my husband decides to not go to the interview with me?

Bottom line what happens if I show up to the interview alone and have to explain his absence?

I know I have the option to file on my own, but that requires finalizing a divorce. In that case I can't trust him either to sign the papers on time.

I am desperate for any advise that you can give me. I highly appreciate it!

Based on my understanding from what I read here I think your best bet would be to file jointly(being that he doesn't have a problem signing the docs) and hope you're not called for an interview. As long as you file ur ROC on time whether jointly or single and you can prove that the marriage was entered to in good faith you'll be fine. You can also find all the information helpful to your situation here. http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoi

How to Get a Waiver of the Requirement to File a Joint Petition

If you are unable to apply with your spouse to remove the conditions on your residence, you may request a waiver of the joint filing requirement. You may request consideration of more than one waiver provision at a time.

You may request a waiver of the joint petitioning requirements if:

* Your deportation or removal would result in extreme hardship

* You entered into your marriage in good faith, and not to evade immigration laws, but the marriage ended by annulment or divorce, and you were not at fault in failing to file a timely petition

* You entered into your marriage in good faith, and not to evade immigration laws, but during the marriage you or your child were battered by, or subjected to extreme cruelty committed by your U.S. citizen or permanent resident spouse, and you were not at fault in failing to file a joint petition

Note: Refer to Form I-751 for more specific information on waivers

If You Are In Divorce Proceedings But Are Not Yet Divorced

If you are still married, but legally separated and/or in pending divorce or annulment proceedings, and:

* You filed a waiver request. We will issue a request for evidence (RFE) specifically asking for a copy of the final divorce decree or annulment (if applicable).

* You filed a Form I-751 petition jointly. We will issue a request for evidence (RFE) specifically asking for a copy of the final divorce decree or annulment and a statement that you would like to have your joint filing petition treated as a waiver.

Upon receipt of the final divorce decree or annulment within the specified time period, we will amend the petition, to indicate that eligibility has been established for a waiver of the joint filing requirement based on the termination of the marriage.


TAMH

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Filed: Other Timeline

Ratlos,

if you are still married and living together with your husband in a martial union, you can and should file jointly. Your prep the whole package way ahead of time and all he has to do is sign the petition on the bottom. As soon as he has signed it, put it away in a safe place. Date it later and send it in with almost 90 days to spare before your Green Card expires.

If your marriage becomes so unstable that you are about to separate, you really need to file alone with a waiver. In both cases you'll need to provide proof hat you guys shared a life together, in the latter case the emphasis is on that you ENTERED the marriage on good faith. It is not uncommon for people to get approved based on filing alone.

Especially in cases of joint filing, an interview is not the norm. They usually set up an interview in cases of questions or questionable cases (that was a coincidence), plus sometimes randomly for reasons nobody knows. I wouldn't worry about a possible interview at all, as most likely you wont' have one.

Now let's look at the worst case scenario, shall we?

You present hubby with the paperwork and he refuses to sign or, by the time you have it ready, he already lives apart from you. In that case (pay attention!), you file alone, with a waiver, barely before your Green Card expires. Why? To buy time.

USCIS gets your package only days before your GC expires and sends you an NOA1. Good. Eventually, when they look through your file, they'll detect that something essential is missing: your divorce decree. They will then send you a RFE and give you a certain time frame to provide it. And again time is working in your favor. Hopefully, at that time your divorce is final. If not, they will initiate removal proceedings against you which sounds ugly but is only a drone-induced formality and you'll get a court date in front of an immigration judge, again, probably many weeks later. And again you got more time.

Then you'll need an attorney. She will ask the judge to put the removal on hold until your ROC case has been decided upon. It can only be decided once the divorce is final. In almost all cases the judge will sign off on this.

Then you wait until you are single again, and submit the divorce decree. With it in your file, they can decide on your ROC case.

Edited by Just Bob

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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