Evidence required for ROC when going through a Bitter Divorce

[Felix 1 0]

Hello Every body,

I will like to know the difference between the evidence you will require when going through a divorce versus eveidence required when not divorcing or do you just simply submit the same type of evidence.

My case is complicated, prior to our seperation, we lived as normal couples, had a joint account, filed joint taxes for 2 years and even had both names on the car insurance policies. We did not do much traveling after i moved here, but we had a child together and hosted a lot of parties with thousands of pictures. At different points in time, we have been on each others health insurance policies.

Even though divorce is not final, we have been to court several times, where i had to go defend myself against false accusations, so i have court verdicts for 2 attempted restratining order, which were dismissed and never granted and also court verdicts/ determination where i was acquitted and found not guilty for second degree assault. I still have one more case next month, (another false accusation, this time, its an alleged crime of moral torpitude)

MY estranged spouse was really ahead of me in the whole game and tried to set me up for eventual deportation and also setting the scene for her having full custody of our child.

Is there any advice on the type of evidence i need to send off when preparing for my ROC. I really dont know when my divorce will be final, probably next JUne, but what kind of waiver can i file at this point.

My conditional GC expires last month and i have not had time to focus on the ROC, because i have been pre-occupied going in and out of court. Right now, we are in divorce proceedings and she choosethe expensive route filing for divorce , her reason being excessive cruelty and vicious conduct, where she hired a star lawyer and they eventually hope to pass on legal costs to me, even though i currently make $9:50 an hour.

I need your advice on this whole issue. Thank s in advance.

[Ian H. 207]

I believe it's pretty much the same evidence that is required. Proof that the marriage was entered into with good faith. Your petition won't be approved until your divorce is final though. The fact that you have a child together helps, you would need a copy of the birth cert, so just gather as much evidence as you can of everything else.

[Felix 1 0]

Thanks Ian. Correction on my GC expiration, it actually expires in December, please forgive me for the typo.

[DC85 113]

Your wife is playing dirty game. In most areas there are charity organizations which hire a lawyer for you at no coast, this is for low income people. Try to do some research in your area for "pro bono" lawyers in your area. If you manage to get a dismissal for your last case that would show to uscis your dirty wife behavior just to get you deported. My advice, seek legal help

[Nich-Nick 3,353]

You need to get that application in the mail so it is received before expiration. It will require a final divorce decree, but you'll have to get an RFE and deal with that later since you don't have one. The "waiver" is just a tick box on the application. Read it and the instructions.

Your evidence is the same as any ROC...everything joint or with both names on it that you can find copies of, covering the entire timeframe you were together. Read all the lists people post of things they sent. Some are very creative.

[tuckin14 58]

First, USCIS is now very liberal on what is accepted as "proof of divorce." Do you have a legal separation? They will accept that. I think they will also accept even proof that a divorce has been filed. What they won't accept is mere proof that the spouses are living apart without any kind of legal action taking place.

I don't know the status of your divorce, but I wouldn't worry too much about a divorce filing that asks for the moon. My lawyer asked for my wife to pay legal fees and to provide me health insurance for the rest of my life, neither of which I would even award me if I were the judge.

The evidence for your ROC will be the same as if you were married - you have to show that at the time of marriage, you had a good faith intention to establish a bona fide marital relationship. Having a child should go a long way. One thing to be sure of is that you get all the relevant documents - make sure your wife doesn't withhold them in some way. Of course, any documents that are joint (like bank accounts or tax transcripts) you have as much of a legal right to as she does.

[Felix 1 0]

Thanks for all the response. Yes we did have tons of evidence, but she took them all away (including my international passport) when i was initially forced out of our home due to a restraining order. Thank God, my green card was in my wallet.

I have been able to gather (through alternative means) other evidence some of which include:

Baby birth certificate

marriage license

health insurance card with both names

joint bank account.

tax transcript showing we filed joint for 2 years

photo of baby birth, baby shower and baby naming.

affidavits from some of her close relatives and friends.

We are going through a divorce, so i have her divorce filing papers, including 3 court decisions dismissing all her false charges and one other where i was found not guilty for alleged assault.

She has exclusive access to other evidence. Since this is a unique situation, do you have any more ideas of some other forms of evidence i can present.

tucking 14, if i may ask, what was your experience like?

Edited November 12, 2014 by Felix 1

[seth2013 39]

If she does have your passport (and hasn't done something else with it), I would have the police get it returned to you or have your divorce attorney file a formal request. There could be an identity theft issue depending on the state you live in.

If you had anything such as joint utility bills you can contact the company directly and have those sent to you. Same with car insurance etc. If you had something such as a lease, contact the property management company directly for a copy, or if you owned your residence with your spouse you should be entitled to request a copy of the deed from your city or county.

Good luck, hope your lawyer is a good one.

[Felix 1 0]

Thanks everyone

[Felix 1 0]

GC Expires next week. I understand that since i am filing a waiver, i am not affeected by the 90 days deadline for filing ROC. I still dont have my divorce papers and i have one false allegation pending trial in December. Am I still required to file ROC BEFORE THE 90 day window expiry period?

[seth2013 39]

GC Expires next week. I understand that since i am filing a waiver, i am not affeected by the 90 days deadline for filing ROC. I still dont have my divorce papers and i have one false allegation pending trial in December. Am I still required to file ROC BEFORE THE 90 day window expiry period?

Yes, you must file BEFORE the green card expires, even if you do not have the final divorce papers. They will issue you an RFE for them. If you still don't have them by then, respond to the RFE that the divorce isn't finalized in a letter.

I am unfamiliar with the steps after this, but I believe if they deny you, you will go before an immigration judge who will simply suspend things until you have the final divorce papers. I've seen this a few times here on the forum.

[onye uwaoma 131]

GC Expires next week. I understand that since i am filing a waiver, i am not affeected by the 90 days deadline for filing ROC. I still dont have my divorce papers and i have one false allegation pending trial in December. Am I still required to file ROC BEFORE THE 90 day window expiry period?

it is not negotiable to file before your green card expires no matter the circumstances. Refusal to file before the card expires is a huge problem on its own. Although uscis may consider a late filing in some situations, no one cannot tell exactly what is acceptable reason to file late roc... You may not want to complicate your already troubled condition by failing to file by the required deadline... By the way, the 90 day deadline is only waived for divorce or widow/widower waiver or Vawa that happens before the green card expires. That means where as normal couples filing jointly cannot do so until the 90 day window opens, i751waiver becomes eligible for roc anytime before the 90 day window opens and until the time the green card expires. Once the green card expires, the next second you're out of status. Your work authorization becomes invalid and you're susceptible for removal proceeding until that time that uscis may receive your petition, accept it or reject it. Why not save yourself too much trouble? The last thing you don't want is to run out of status which could create another wahala... You have just next week to make this decision for yourself... Good luck!

[onye uwaoma 131]

Let me add that Vawa is acceptable reason to file late roc if is proven... I am not sure if you have any acceptable proof of that.

P. S somebody being mean to you is a whole different story. File by the deadline unless circumstances beyond your control cause you to file late!