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my friend got her GC in january 2011 , she is married and has a kid from her husband but she wants to divorce from him coz of mentally and physically abuse . she can apply to ROC in sep 2012 but she cant handle him anymore . Can she divorce and apply to ROC after she got divorce degree or before this degree ? is it too hard to apply alone with waiver or kid is strong evidence ? she scaried that if she divorce from him its hard to get 10 yrs GC . and her husband said u should wait that 90 day window . but she is so tired from his abuse . whats her chance to get her 10 yrs GC ? Sorry for my english :(

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my friend got her GC in january 2011 , she is married and has a kid from her husband but she wants to divorce from him coz of mentally and physically abuse . she can apply to ROC in sep 2012 but she cant handle him anymore . Can she divorce and apply to ROC after she got divorce degree or before this degree ? is it too hard to apply alone with waiver or kid is strong evidence ? she scaried that if she divorce from him its hard to get 10 yrs GC . and her husband said u should wait that 90 day window . but she is so tired from his abuse . whats her chance to get her 10 yrs GC ? Sorry for my english :(

Yes if she has enough proof that the relationship was bona-fide (a kid is a good proof) she has a chance to get her 10 year green card. And if she has proof of the abuse, she will get it for sure.

Edited by Ana Aguilar

03/22/2012 Sent package I-130, I-485 and I-765 through USPS priority mail to Chicago Lockbox

03/24/2012 Received 3 deliver confirmation e-mails from USPS

03/28/2012 Received mail from USCIS saying they received the package ^_^

04/05/2012 Received Biometrics Appointment letter for i-765 for 04/16/2012

04/09/2012 Received NOA 1 for I-130, I-485 and I-765 dated 03/28/2012

I am the luckiest and happiest girl in the world :D <3 my husband

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and what if he refuse to divorcee her and can she divorce without him ? how many month she should wait to divorcing in TX ( do they give time 3 month or more to think before divorce procedure ?) beacause they have a kid , is it hard to divorce ? what if they r both to agree to divorce is it easy to divorce ? Thank you so much !

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Yes if she has enough proof that the relationship was bona-fide (a kid is a good proof) she has a chance to get her 10 year green card. And if she has proof of the abuse, she will get it for sure.

Unfortunately she has no proof of abuse , no police record , no picture of bruise :( he doesnt pay for anything , she start to work since last month . do they gonna ask for joint tax return ? can she file now or after she got divorce degree ? Thank you for helping !

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and what if he refuse to divorcee her and can she divorce without him ? how many month she should wait to divorcing in TX ( do they give time 3 month or more to think before divorce procedure ?) beacause they have a kid , is it hard to divorce ? what if they r both to agree to divorce is it easy to divorce ? Thank you so much !

Learn more about the Divorce Process.

After the divorce is filed, how long does it take to finalize?

In Texas, a divorce cannot be final for at least 60 days after the petition is filed. This does not mean that the divorce is automatically final on the 61st day. But if the spouses are in agreement as to all the terms of their divorce, they can go ahead to prepare and sign a final decree of divorce during the 60-day period. The divorce is final as soon as the judge pronounces it so in open court and signs the decree of divorce. If the spouses are not in agreement, it typically takes about six months to one year or longer to finalize a divorce, depending on the complexity of the issues and the degree of conflict.

For more info go to this website http://www.divorcenet.com/states/texas/txfaq01#b


03/22/2012 Sent package I-130, I-485 and I-765 through USPS priority mail to Chicago Lockbox

03/24/2012 Received 3 deliver confirmation e-mails from USPS

03/28/2012 Received mail from USCIS saying they received the package ^_^

04/05/2012 Received Biometrics Appointment letter for i-765 for 04/16/2012

04/09/2012 Received NOA 1 for I-130, I-485 and I-765 dated 03/28/2012

I am the luckiest and happiest girl in the world :D <3 my husband

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Unfortunately she has no proof of abuse , no police record , no picture of bruise :( he doesnt pay for anything , she start to work since last month . do they gonna ask for joint tax return ? can she file now or after she got divorce degree ? Thank you for helping !

They only really need proof that the relationship was bona-fide. She can tell why the relationship ended, they have a kid together, it might be enough. She should bring as much proof as she can that the relationship was genuine while it lasted. I'm positive it will be alright.


03/22/2012 Sent package I-130, I-485 and I-765 through USPS priority mail to Chicago Lockbox

03/24/2012 Received 3 deliver confirmation e-mails from USPS

03/28/2012 Received mail from USCIS saying they received the package ^_^

04/05/2012 Received Biometrics Appointment letter for i-765 for 04/16/2012

04/09/2012 Received NOA 1 for I-130, I-485 and I-765 dated 03/28/2012

I am the luckiest and happiest girl in the world :D <3 my husband

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Thank u Ana so much ! she said they r going to court tomorrow to file for divorce . Can she apply for ROC now or she should wait till degree ? God bless u .

"If you are no longer married to your spouse or if you have been abused by your spouse, you can apply to waive the joint filling requirement. In such cases, you may apply to remove the conditions of your permanent residence any time after you become a conditional resident"

So if shes applies to waive the joint filling requirement she can apply for ROC right after.

Edited by Ana Aguilar

03/22/2012 Sent package I-130, I-485 and I-765 through USPS priority mail to Chicago Lockbox

03/24/2012 Received 3 deliver confirmation e-mails from USPS

03/28/2012 Received mail from USCIS saying they received the package ^_^

04/05/2012 Received Biometrics Appointment letter for i-765 for 04/16/2012

04/09/2012 Received NOA 1 for I-130, I-485 and I-765 dated 03/28/2012

I am the luckiest and happiest girl in the world :D <3 my husband

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When she applies for ROC it would also be good to have sworn affidavits affirmed by other people that knew that your relationship was genuine if she wants to have more proof of bona-fide marriage :)


03/22/2012 Sent package I-130, I-485 and I-765 through USPS priority mail to Chicago Lockbox

03/24/2012 Received 3 deliver confirmation e-mails from USPS

03/28/2012 Received mail from USCIS saying they received the package ^_^

04/05/2012 Received Biometrics Appointment letter for i-765 for 04/16/2012

04/09/2012 Received NOA 1 for I-130, I-485 and I-765 dated 03/28/2012

I am the luckiest and happiest girl in the world :D <3 my husband

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

after divorce decree is issued.


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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my friend got her GC in january 2011 , she is married and has a kid from her husband but she wants to divorce from him coz of mentally and physically abuse . she can apply to ROC in sep 2012 but she cant handle him anymore . Can she divorce and apply to ROC after she got divorce degree or before this degree ? is it too hard to apply alone with waiver or kid is strong evidence ? she scaried that if she divorce from him its hard to get 10 yrs GC . and her husband said u should wait that 90 day window . but she is so tired from his abuse . whats her chance to get her 10 yrs GC ? Sorry for my english :(

It means she has Conditional GC until January 2013, If she would be married at the time of filing ROC, normally she would file it between sometime in October 2012 & January 2013. (ROC Filing window opens 90 days prior to you Conditional GC expiration date). Recently, I have noticed that there is a big confusion on VJ about ROC filing date. it does not mean you have to file on that day as soon as window opens, you have 90 days to file.

I will give you a real example of my filing. I am still happily married. My Conditional GC expired on August, 26 2011, I would file the first day which the window opened on May, 28 2011, (USCIS uses this calculator http://www.uscis.gov...Calculator.html ) but I didn't. Because we were going for a long vacation; I did file ROC 2 weeks before on August, 12 2011.

But her case is different from mine, she will be divorced. When you get divorced during the conditional period, as soon as you get divorce decree you can apply ROC with a waiver anytime (Between the day you get divorce decree & your GC expiration date), in other words you do not have to wait until October 2012. If you ask me, earlier would be better. You want to get it over with ASAP. You can not apply ROC without a divorce decree even if you do, you will get a RFE. Don't forget it takes 9 months without an interview to remove a condition if she sends ROC to VSC. Tell her to get ready for most likely an interview. So her case will take 1 year+ if she is VSC filer. I am sure she will be OK because they have a kid together, it is a very strong evidence that the marriage was a bona fide one. Tell her Good Luck & please keep us posted.

Edited by Cino

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

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