Filed ROC and need to divorce. Advice!!!

[ustiacity 1]

Hi everyone,

The reason I've decided to post in here is to get more advice from you guys.

I married a USC in 2010. I got my 2 year GC. We didn't date long, like 5 months, before getting married and apparently is my not fortunate part of it. My husband had a divorce 3 years before we got married and he was left all with nothing and in mess. He was working very hard to keep himself in track. We got married because he wanted to start a new life and I was sure this is the one... and all worked out until we start bringing more money home. 2 people working full jobs for sure is better than 1. But more money also changed his behaviors I guess, he started to drink- heavily. He started being verbally abusive when I tried to addresse the issue. Then for a period of time I manage him to calm down after going to rehab classes.

When the 90 days period came, we file the ROC. This was in Feb 2013. Then one day while being at work (I work for a busy resort store out of state for the summer time) I was told by my husband "I found someone else and she's moving with me ". So all this "bs" while you try to make a living. I pushed him to pay the debts on child support, I asked him to fix back his driver license etc....didn't care anymore. Desperate me, and in a situation you don't know what to do, very stressed was hoping something will change. Apparently not. Because soon when I wanted to return to what's called home, he said there is nothing here wainting for me. In the meantime I also received an RFE which my lawyer said we need to respond by certain time and we did.

So all these together feels like the world turnned around against me.

So with the situation created my questions will be as follow:

If I filed for ROC as married and responded to my RFE. What is to do now. Can I divorce him?

In case we are called for an interview, he's not gonna show up (I know for sure) what do I do? Can I go by myself and explain them what happened?

Do people file for a waiver after filling the ROC?

Anybody who knows simillar situations please advice.

Thank you.

[NigeriaorBust 4,087]

On your part the marriage was bonefide and you should have proof and no issues getting a 10 year green card. You can file for divorce and they will want to have a waiver which will be delayed until the divorce is final.

[Paul&Oxana 4]

Hi! I am very sorry that you are in such situation. If it is really impossible to safe your marriage and you tried to do everything, you, as am immigrant spouse have the right to remove conditions by yourself if you or your child were abused and etc, your marriage ended up with the divorce. You need to proof that you have entered your marriage in good faith.

My suggestion is to get as much evidence as you can. Is it possible to get at least two sworn affidavits from your family, friends who know your uneasy situation? It might help in your case. Proof that the you as an immigrant spouse will suffer if sent back to the country of origin, such as statement about the life built in the US thus far.

Send the detailed explanation latter, enclose the evidence, don't forget to keep the copy of everything you send to USCIS .

I sincerely wish you good luck !

Oxana

[ustiacity 1]

Thank you for the reply guys.

I know you can apply for ROC by yourself as an immigrant. And as well get an vaiwer.

But, I sent my ROC long time ago and responded also to the RFE that I got, after all the mess in my life.

I haven't divorce yet. Like I said, I thought things will change. So the only thing that I'm more worried is ONLY IF we get called for an interview my husband (still) will never come. He's not even answering my phone calls. Are they gonna cancel my appointment or If I go by myself to the interview and explain them, they will take this in consideration. Anybody any thoughts???

Edited November 4, 2013 by ustiacity

[Paul&Oxana 4]

Hi again!

I don't think they are going to cancel the appointment. Your case is being processed . But again , gather as much evidence as you can that you have tried your best to save the marriage , make up the detailed explanation latter, attach evidence and bring all this with you for the roc interview. They will have to review your case again.

Is there any chance to consult the US lawyer? You filed jointly the form I-751 but currently are separated. What if you try to get an info pass and get some information from them? I am sure they have the similar situations !

[ustiacity 1]

Thank you Oxana for the reply.

I might want to contat a lawyer.

[Paul&Oxana 4]

Choose the right one. We had a bad experience with the lawyer. It was just waste of money. We even didn't need him but ... you know. Someone recommended to have the lawyer.