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Orchid2012

Divorce Initiated While Pending ROC

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Hello,

Currently, I (the beneficiary)am having a pending ROC, being a January filler with California Center.

Just recently our family situation changed due to some long term issues where my husband and I decided to divorce.

Please advise how should I proceed with my ROC process!

What actions to take in case we are being asked to come for an interview? (my husband is not willing to help any longer).

Does it make any difference if the divorce documents will be submitted to the court while the ROC is pending?

Should I cancel the application? and file with a waiver?

Looking forward for your advises!

Thank you

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Lawyer


03/26/2009: NVC in
04/08/2009: Learned we are being screened for Additional Processing 'AP'
05/09/2009: Arrived at the US consulate in Bangkok
05/15/2009: Medical Passed
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05/21/2009: Packet 3 returned

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Hello,

Currently, I (the beneficiary)am having a pending ROC, being a January filler with California Center.

Just recently our family situation changed due to some long term issues where my husband and I decided to divorce.

Please advise how should I proceed with my ROC process!

What actions to take in case we are being asked to come for an interview? (my husband is not willing to help any longer).

Does it make any difference if the divorce documents will be submitted to the court while the ROC is pending?

Should I cancel the application? and file with a waiver?

Looking forward for your advises!

Thank you

Continue on and IF you have an interview, take the divorce papers along to show that the divorce happened after the filing of the ROC. As long as the marriage was entered into in good faith and the divorce happened as a result of a good faith marriage, I do not see any problems. Just have all documentation from the divorce ready to show the USCIS.

Good luck,

Dave

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Continue on and IF you have an interview, take the divorce papers along to show that the divorce happened after the filing of the ROC. As long as the marriage was entered into in good faith and the divorce happened as a result of a good faith marriage, I do not see any problems. Just have all documentation from the divorce ready to show the USCIS.

Good luck,

Dave

Thank you Dave!

The marriage was in good faith and lots of proves are available, the problem is that the

divorce decree might not be ready by then? will they give me an extension?

Just want to be prepared before hand for any possible situation to not have unexpected surprises.

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First of all, sorry about to hear your divorce. You have to follow the rules, if you don't it is going to be a problem when you want to become a US Citizen.

At the moment, you are on the way of divorce, but you haven't divorced yet. So it is not official yet.

If I were you I would let ROC go until I get my divorce decree & If I haven't been approved yet on my divorce date then I file a waiver by explaining the situation otherwise I wouldn't bother.

If you are January CSC filer, you will probably be approved in 3-6 months.

Bottom line is : whichever comes first act accordingly; If the divorce comes first then File a waiver, If ROC Approval comes first & then do nothing. In the mean time, cross your finger not to be called on for an interview.


"Patience is the key to the paradise (US Citizenship, in our case)"

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I concur with Cino. Your ROC might get through without notice, but when you are filing for Naturalization and submit all documents, the divorce decrees and the ROC case dates will raise gigantic Red flags, which you should have mentioned. Good Luck!


IR5 For Parent

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