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Filed: Timeline
Posted

Hello,

I came to USA with K1 status, and got married with my husband (US citizen)last year. I have 2 years GC now.

We have some issues which we can not figure out. So i want to leave this house and move to somewhere(different city)i can find a job.

Couple days ago i told my friend about my decision. and She said that i will be in trouble if i leave this house before filing ROC. and when i find a job in new place, then Immigration people may find me that i don't live with him anymore through IRS.

I will not divorce right away because i can not afford to the fee now. I want to spend money for moving out and not for divorce right now.

My questions are;

1, Should i stay in this house until divorce is finalized?

2, If i leave this house and find a job in new place, how will it affect me? i will inform USCIS about the address change. May USCIS find me like my friend says?

I have read some threads about people who are separated from thire husbands/wives before filing divorce. so i think it is possible for me to be separated. i am scared and confused about what my friend said.

Please advise me if someone has any idea.

Thank you,

Posted

You can leave when you wish - just inform USCIS when you do (via the ar-11)

You can file for your own ROC, as soon as the divorce is finalized - no need to wait for the expiration of the 2 yr condtional card.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Filed: Timeline
Posted

Thank you very much for your reply!

I have some more questions to ask.

so i can separate from my husband and can find a job in new place.

I think it will take for at least 6 months to file for divorce, and in the meantime i will not have any trouble with USCIS. Is that correct?

My husband was laid off before we got married, and he can not land a job since then.

i don't have a joint bank account or joint tax returns. what i have is friends who know about our marrige was in good faith, phone bill which shows both phone number on it and pictures.

i am not sure if they are enough to submit as evidence when i apply for ROC..

My husband says he will help to sign a joint petition for me.

Is it more helpful to be approved than filing ROC by myself with the evidence i have? and After divorce, Can i still have him to sign a joint petition?

I am sorry about many questions.

I am very nervous and would like to get them straight before i move out.

Thank you again. i really appreciate your help.

Posted

Thank you very much for your reply!

I have some more questions to ask.

so i can separate from my husband and can find a job in new place.

I think it will take for at least 6 months to file for divorce, and in the meantime i will not have any trouble with USCIS. Is that correct?

Correct.

My husband was laid off before we got married, and he can not land a job since then.

i don't have a joint bank account or joint tax returns. what i have is friends who know about our marrige was in good faith, phone bill which shows both phone number on it and pictures.

i am not sure if they are enough to submit as evidence when i apply for ROC..

You may need more evidence - only turning it in will you find out.

My husband says he will help to sign a joint petition for me.

That helps.

Is it more helpful to be approved than filing ROC by myself with the evidence i have? and After divorce, Can i still have him to sign a joint petition?

Once you divorce, you would be going it on your own.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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