1yr separation required for divorce..ROC needs to be filed in Nov

[kcrs 0]

Hi Everyone,

I'm so glad i found this forum. My husband (the conditional green card holder) and I are separating. In my state, there is a mandatory 1 year separation before a final divorce can be granted. That is the problem. I have read about the waivers, but you have to be able to produce the final divorce decree. If we separate now, we will not be able to legally divorce until July 2011. However, we need to file for removal of conditions in November of this year. So, the question is, do we separate and file jointly, wait to separate (thus delaying the inevitable), or have him file with the waiver knowing that the divorce will not be final in time to meet the requirements?

any suggestions?

[Brother Hesekiel 2,235]

If you can pull this off, don't separate.

If your spouse doesn't want to "play along," you have no choice but to file, wait for the RFE, then have your attorney at the court day ask for the deportation proceedings to be put on hold until your divorce if final.

All if this is a huge inconvenience. Therefore, it really would be great if you could avoid this.

[kcrs 0]

If you can pull this off, don't separate.

If your spouse doesn't want to "play along," you have no choice but to file, wait for the RFE, then have your attorney at the court day ask for the deportation proceedings to be put on hold until your divorce if final.

All if this is a huge inconvenience. Therefore, it really would be great if you could avoid this.

thanks, i figured that would be the case. just for point of clarification, I am the one that needs to hold on for his benefit, i'm the USC

[JimVaPhuong 4,863]

Hi Everyone,

I'm so glad i found this forum. My husband (the conditional green card holder) and I are separating. In my state, there is a mandatory 1 year separation before a final divorce can be granted. That is the problem. I have read about the waivers, but you have to be able to produce the final divorce decree. If we separate now, we will not be able to legally divorce until July 2011. However, we need to file for removal of conditions in November of this year. So, the question is, do we separate and file jointly, wait to separate (thus delaying the inevitable), or have him file with the waiver knowing that the divorce will not be final in time to meet the requirements?

any suggestions?

Your husband is fortunate that he has an understanding wife who actually cares about his status.

I'm not going to recommend that you "play nice" for the interview just to help him get a 10 year green card. USCIS can deny the ROC if you are legally separated as a mandatory prerequisite to divorce, and require him to self-petition. There is guidance for immigration officers about this in the Adjudicator's Field Manual. If you don't legally separate then you are technically still married for the purpose of removing conditions, but there are bound to be questions at the interview that you might have to be less than totally honest about, and I can't recommend you lie to the immigration officer. Enough said about that - make up your own mind.

He can send the I-751 requesting the divorce waiver without including the divorce decree. When USCIS adjudicates the petition (some months later) they will send an RFE for the divorce decree. If he can't produce it, then USCIS will deny the ROC and begin removal proceedings. At the master hearing he can ask the judge to postpone until the divorce is final. The judge will usually grant this request. Once he has the divorce decree, the ROC can be adjudicated, and the removal proceedings will be stopped.

[Fandango 1,439]

The ROC would be based upon your marriage, which at this point you say is over. I can't imagine why you would put yourself on the hook by doing this. You could (not will, but could) be placed in a situation where you're seen as helping in a fraudulent manner. Either way, best of luck to you.