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Orchid2012

Divorce Initiated While Pending ROC

By Orchid2012 in Effects of Major Family Changes on Immigration Benefits

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Orchid2012 Newbie

Orchid2012   0

Posted
Filed: Lift. Cond. (pnd) Timeline
Posted

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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wasabi Explorer

wasabi   4

Posted
Filed: Lift. Cond. (apr) Country: Thailand
 Timeline
Posted

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
05/20/2009: Packet 3 received
05/21/2009: Packet 3 returned

07/08/2009: Interview
07/08/2009: issued 221(g) due to proof of single status document missing a stamp
07/20/2009: Resubmitted document with missing stamp. Accepted
07/23/2009: Visa issued


07/28/2009: POE JFK
07/31/2009: Married
09/02/2009: AOS submitted
09/10/2009 NOA1
09/25/2009: Case Transfered to CSC
10/13/2009 Biometrics
10/26/2009: Received EAD card
11/30/2009: RFE Delayed Birth Registration
12/31/2009: USCIS receives RFE reply
1/07/2010: Green Card Delivered
1/15/2010: Green Card Arrived

10/10/2011: Mailed in I-751 to remove conditions
10/20/2011: NOA1
11/28/2011: Biometrics
03/29/2012: RFE USCIS wants more proof of a bona fide relationship
04/03/2012: USCIS receives RFE reply
04/10/2012: Approval Letter
5/18/2012: Email notice that Green Card is being produced
5/24/2012: Green Card Arrived

10/07/14: N-400 mailed

11/12/14: Biometrics

12/5//14: In Line

03/25/15: Naturalization Ceremony: Journey Complete

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Dave&Roza Experienced

Dave&Roza   748

Posted
Filed: Lift. Cond. (apr) Country: Kazakhstan
 Timeline
Posted

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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Orchid2012 Newbie

Orchid2012   0

Posted
Filed: Lift. Cond. (pnd) Timeline
  • Author
Posted

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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Cino Rising Star

Cino   5

Posted
Filed: Lift. Cond. (apr) Country: Turkey
 Timeline
Posted

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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sasaqlain Proficient

sasaqlain   24

Posted
Filed: Citizen (apr) Country: Pakistan
 Timeline
Posted

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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