Removing Conditions - No divorce decree

[JayJayH 546]

Hi guys, I haven't been on here for a while, but I appreciate all the help received on here previously.

My wife and I got married in March 2011, and I entered the US on a CR-1 in December 2012. My conditional residency expires on December 6th, 2014. Wife moved out and left in May 2013, we got back together for a second go in November 2013 and finally parted ways and separated in February of this year. I'm filing for a California summary dissolution of marriage in a couple of weeks (they're $435 ).

I'm fairly fluent in the IR-1/CR-1 process, but nonetheless spoke to a lawyer regarding the ROC.. He wants $4,500, and boasts he has never lost an ROC case. I'm tempted, but after the divorce, I'm struggling to even set aside $435 for the divorce filing fee.

More pressing however, is the issue of filing without a divorce decree. It takes 6 months in CA to get the dissolution of marriage approved, but I have to file for ROC in just a little over 4 months. I've looked over some timelines on here, and it seems like the case gets handled like normal, then an RFE is sent out if the divorce decree is missing? My understanding then, is that if I still don't have the divorce decree, the case is denied and brought before an immigration judge, at which time the judge generally extends the case until a divorce decree is available?

Have I gotten this correct?

[Ian H. 207]

You still have to start the process of the ROC even if your divorce isn't final because you would definitely face problems later on if you don't do so. Also you mentioned your card is expires in December meaning that you would have to file the ROC petition 90 days before so that would be in September. You do have the right to sue your wife for support because she still is your sponsor and legally required to support you and divorce doesn't change that. Even if you're not granted alimony the AOS is a whole other matter and you would be entitled for support at 125% of the poverty level. I think that's how it works how you mentioned, they deny the case and then send you to an IJ, you can't get deported without having time to prove your case before an IJ. They care about the legitimacy of the marriage, meaning that as long as you can prove the bona fides of your marriage and that it was entered into with good faith your ROC will be granted, even after divorce. It is best to have a lawyer, but $4500 may be pushing it, does he have excellent recommendations or is he another LIAR or thief with title as we call them in the DR?

[Harpa Timsah 13,258]

You still have to start the process of the ROC even if your divorce isn't final because you would definitely face problems later on if you don't do so. Also you mentioned your card is expires in December meaning that you would have to file the ROC petition 90 days before so that would be in September. You do have the right to sue your wife for support because she still is your sponsor and legally required to support you and divorce doesn't change that. Even if you're not granted alimony the AOS is a whole other matter and you would be entitled for support at 125% of the poverty level. I think that's how it works how you mentioned, they deny the case and then send you to an IJ, you can't get deported without having time to prove your case before an IJ. They care about the legitimacy of the marriage, meaning that as long as you can prove the bona fides of your marriage and that it was entered into with good faith your ROC will be granted, even after divorce. It is best to have a lawyer, but $4500 may be pushing it, does he have excellent recommendations or is he another LIAR or thief with title as we call them in the DR?

No, this is wrong. A i-864 is a contract between the sponsor and the gov, it is not a personal guarantee that the sponsor give the immigrant money.

Please stop spreading misinformation.

OP: you can apply as divorced without the decree, and then get RFEs until you can produce the decree. Your understanding is correct. Good luck.

[Ryan H 3,790]

One post advocating illegal activity and another post superfluous in nature have been removed.

[tuckin14 58]

You can file with a waiver even if you are not divorced. You will file,then get the Notice of Action, and eventually when USCIS gets around to it, an RFE for the divorce decree, then have 87 days from then. Given that you don't even have to file until December, you should have plenty of time. Don't be in a hurry to file, wait until mid-November.

And yes you will still have to prove the marriage was entered in good faith. Being on good terms with and getting the help of your ex will be a big help.

[sunshine16x 5]

my thoughts to you is if you are decided about divorcing, do it ASAP!! I am also in CA and held on to the last bit of hope before finally filing for divorce. Now my divorce is still pending and my RFE is due August 11, obviously I still don't have it so I will be sending in a letter explaining why I waited until the last minute and will more than likely have an interview and/or see an IJ

[MrsP2010 20]

My waiver filing happened in October 2013 (my divorce was fully finalized by then) and I didn't get approved until July 2014. It's entirely likely that the USCIS will receive your package, send you an NOA, then sit on it for months before actually checking if all the info is correct etc. I get the feeling that divorce waiver filings are not their top priority. It's entirely likely you'll have your divorce decree LONG before the RFE gets sent.

Good luck with it, divorce is a rough road, but one well worth it for the future you deserve.

[JayJayH 546]

Thanks guys!

OP: you can apply as divorced without the decree, and then get RFEs until you can produce the decree. Your understanding is correct. Good luck.

Does this mean I can file for ROC today, even though I have not yet filed for divorce? It's a money issue, and thus priority issue at this point ($500 to file divorce here in CA), but I've always thought I could not file for ROC unless the divorce has actually been filed.. My card expires on 12/6/2014.

Also.. We wrote up this agreement together, and agree on the terms. Does this look like something I could also use as an affidavit from my soon-to-be ex wife? I'm keeping one of the cars and the mutual bank account. She's keeping the other car and the ring (both cars were in her name for credit reasons). We have no kids, and we're on rocky but decent terms.

(I apologize for the blacked out areas. I prefer to stay as anonymous as possible)

my thoughts to you is if you are decided about divorcing, do it ASAP!! I am also in CA and held on to the last bit of hope before finally filing for divorce. Now my divorce is still pending and my RFE is due August 11, obviously I still don't have it so I will be sending in a letter explaining why I waited until the last minute and will more than likely have an interview and/or see an IJ

I see in your signature that your I-751 was denied. Was this due to not producing a divorce decree?

Edited October 2, 2014 by Yang-Ja

[JayJayH 546]

You can file with a waiver even if you are not divorced. You will file,then get the Notice of Action, and eventually when USCIS gets around to it, an RFE for the divorce decree, then have 87 days from then. Given that you don't even have to file until December, you should have plenty of time. Don't be in a hurry to file, wait until mid-November.

And yes you will still have to prove the marriage was entered in good faith. Being on good terms with and getting the help of your ex will be a big help.

So basically.. File for divorce ASAP. Wait a month or so, and then file for ROC?

Seems logical, in that it would give a little bit of a head start on the divorce decree. And I have until the expiry date on my conditional GC to file the ROC - Correct?

[JayJayH 546]

Just a follow-up.

I've consulted two lawyers about this. One wanted $4500, and told me he does these all the time, and it should be a no brainer. Said he's never seen an I-751 denied at his office. He did sound like he knew exactly what he was talking about. $4500 sounds a bit extreme though..

The other wanted $750 (quite a big difference), but she has a hotmail address, and told me that unless I can prove abuse or extreme hardship, waivers can be very difficult to get, and that I should read up on the requirements for extreme hardship.

What's a "fair" price to pay a lawyer for an I-751 waiver?

[Ian H. 207]

A fair price is based on how good the lawyer is.

[sunshine16x 5]

Yes, I my I751 was denied due to lack of divorce decree. If you're sure about divorce, don't wait! File for divorce ASAP, my ex and I came to a mutual agreement and to this day I am still waiting for my final judgement to be signed. It has been 7 months and counting for me here in CA. Your window to file for I751 opens 90 days before your GC expires.

Thanks guys!

Does this mean I can file for ROC today, even though I have not yet filed for divorce? It's a money issue, and thus priority issue at this point ($500 to file divorce here in CA), but I've always thought I could not file for ROC unless the divorce has actually been filed.. My card expires on 12/6/2014.

Also.. We wrote up this agreement together, and agree on the terms. Does this look like something I could also use as an affidavit from my soon-to-be ex wife? I'm keeping one of the cars and the mutual bank account. She's keeping the other car and the ring (both cars were in her name for credit reasons). We have no kids, and we're on rocky but decent terms.

(I apologize for the blacked out areas. I prefer to stay as anonymous as possible)

I see in your signature that your I-751 was denied. Was this due to not producing a divorce decree?