ROC and divorce

[ale1189 1]

Hi Everybody

I need some HELP please . I got married on April 30 2009 , got my CGC on February 2011 , got divorce on December 2012 ( ex husband was cheating on me so bad ) Now i didn't now that I can remove my condition when I got my divorce decree last december , now my question is , I want to go to my country Argentina in July .Should I wait to come back from Argentina and file the ROC with a waiver or should I do it now before my trip . Please some advice , like I said I did'nt know that I didn't have to wait for the 90 days before my expiration date . Thank you

[Sandra G. 5,022]

The Immigration Law Sec. 216. [8 U.S.C. 1186a states:

(b) Termination of Status if Finding that Qualifying Marriage Improper.-

(1) In general.-In the case of an alien with permanent resident status on a conditional basis under subsection (a), if the Attorney General determines, before the second anniversary of the alien's obtaining the status of lawful admission for permanent residence, that-

(A) the qualifying marriage-

(i) was entered into for the purpose of procuring an alien's admission as an immigrant, or

(ii) has been judicially annulled or terminated, other than through the death of a spouse;

I think you should submit he I-751 now, wait to receive the extension letter and then go to travel,the extension letter permits your travel.

Edited May 2, 2012 by sandranj

[ale1189 1]

Hi is me again

i was checking the INS webside , about the ROC with a waiver and say , that you can remove the condition any time after the divorce , before the expiration of the GC . I'm confuse ,because here everybody say in these cases when we have a divorce that we have to send the I-751 when we have the dicorce decree right away . I'm worry because I did'nt know and I got my divorce on December 2011 .Please some help. Thank you

[Cino 5]

Hi Everybody

I need some HELP please . I got married on April 30 2009 , got my CGC on February 2011 , got divorce on December 2012 ( ex husband was cheating on me so bad ) Now i didn't now that I can remove my condition when I got my divorce decree last december , now my question is , I want to go to my country Argentina in July .Should I wait to come back from Argentina and file the ROC with a waiver or should I do it now before my trip . Please some advice , like I said I did'nt know that I didn't have to wait for the 90 days before my expiration date . Thank you

Let's clarify some points & give you some facts about your situation :

1- You do not have to file ROC as soon as you get your divorce decree.

2- You do not have to wait for 90-day window before 2nd anniversary of CGC either.

3- Since you got the divorce decree, you can file ROC anytime, of course earlier is better.

4- You had better file ROC with a waiver anytime soon, so you can do Bio before you go abroad, waiting time for CSC is about 6 months.

5- Send as many as evidences you've got with your ROC, more you send less likely they call you for an interview.

6- Get ready for a possible interview though, you have to prove that your marriage was entered in a good faith.

7- You don't even need a NOA (GC Extension letter) because you have the CGC valid until February 2013.

8- Appoint someone to check your mailbox while you're abroad & sign-up e-mail updates of your case with USCIS

{You have to enter Receipt Number found on ASC Bio App Letter, Not NOA(I-797C)}

9- If you apply ROC in this month, May; you will go to Bio sometime in June. You"ll probably hear about your case sometime in this year.

Good Luck & please keep us posted .....

[ale1189 1]

Let's clarify some points & give you some facts about your situation :

1- You do not have to file ROC as soon as you get your divorce decree.

2- You do not have to wait for 90-day window before 2nd anniversary of CGC either.

3- Since you got the divorce decree, you can file ROC anytime, of course earlier is better.

4- You had better file ROC with a waiver anytime soon, so you can do Bio before you go abroad, waiting time for CSC is about 6 months.

5- Send as many as evidences you've got with your ROC, more you send less likely they call you for an interview.

6- Get ready for a possible interview though, you have to prove that your marriage was entered in a good faith.

7- You don't even need a NOA (GC Extension letter) because you have the CGC valid until February 2013.

8- Appoint someone to check your mailbox while you're abroad & sign-up e-mail updates of your case with USCIS

{You have to enter Receipt Number found on ASC Bio App Letter, Not NOA(I-797C)}

9- If you apply ROC in this month, May; you will go to Bio sometime in June. You"ll probably hear about your case sometime in this year.

Good Luck & please keep us posted .....

Thank you I will file this month I already ask for the IRS transcript and i think I have everything I need ,well you never know . I keep you post it.Thank you so much

[VanessaTony 3,567]

Let's clarify some points & give you some facts about your situation :

1- You do not have to file ROC as soon as you get your divorce decree.

Not exactly true. Please read the law on this. While they do not HAVE to (technically they don't HAVE to file any of the paperwork but for the protection of her status of course filing paperwork is prudent)... as soon as the divorce is final the conditional GC holder is in breach of the terms of their GC and deportable (if found by ICE of course). There are many discussions on this topic and several the mention the specific law involved.

I would not be traveling without that NOA1 showing they have followed the terms of their greencard.

[Cino 5]

Not exactly true. Please read the law on this. While they do not HAVE to (technically they don't HAVE to file any of the paperwork but for the protection of her status of course filing paperwork is prudent)... as soon as the divorce is final the conditional GC holder is in breach of the terms of their GC and deportable (if found by ICE of course). There are many discussions on this topic and several the mention the specific law involved.

I would not be traveling without that NOA1 showing they have followed the terms of their greencard.

Don't be paranoid. SHE IS NOT DEPORTABLE UNLESS IMMIGRATION JUDGE GIVES THE DEPORTATION ORDERS !.....

[VanessaTony 3,567]

Don't be paranoid. SHE IS NOT DEPORTABLE UNLESS IMMIGRATION JUDGE GIVES THE DEPORTATION ORDERS !.....

Of course. ICE doesn't just chuck her on a plane, but her status IS as deportable, whereas while married it's not, and after filing ROC (with a waiver) it's not. The law states she is in breach once her divorce is final.

[ale1189 1]

Of course. ICE doesn't just chuck her on a plane, but her status IS as deportable, whereas while married it's not, and after filing ROC (with a waiver) it's not. The law states she is in breach once her divorce is final.

Ok, now I am a little afraid to travel , I didn't send the ROC yet , because I'm wating for the Tax transcription . Here is my question . I'm only going to my country for 2 weeks in July . Just to be safe , should I wait until I come back from my country to file the ROC , or should I do it now . Please I dont want to go, and have problems to get in here . I need to know what you guys think about it. Thank you so much

[VanessaTony 3,567]

Ok, now I am a little afraid to travel , I didn't send the ROC yet , because I'm wating for the Tax transcription . Here is my question . I'm only going to my country for 2 weeks in July . Just to be safe , should I wait until I come back from my country to file the ROC , or should I do it now . Please I dont want to go, and have problems to get in here . I need to know what you guys think about it. Thank you so much

I personally wouldn't risk travelling without the ROC NOA1. While the chances are SMALL that something bad would happen, any chance is too much of a chance in my book. If you file it now you should have the NOA1 and hopefully biometrics done by the time you leave.