Divorce, When to ROC

[nitrous_guy 23]

What is the process, if a couple wants to get a divorce, but the beneficiary has been a conditional LPR for 6 months?

Can the beneficiary file for ROC ASAP, after the divorce is final and the beneficiary has the final divorce decree, OR does the beneficiary still wait to file when the 90 days filing window opens for ROC?

Thanks

[kzielu 1,147]

What is the process, if a couple wants to get a divorce, but the beneficiary has been a conditional LPR for 6 months?

Can the beneficiary file for ROC ASAP, after the divorce is final and the beneficiary has the final divorce decree, OR does the beneficiary still wait to file when the 90 days filing window opens for ROC?

Thanks

Not only can - beneficiary has to file ASAP after divorce.

[nitrous_guy 23]

Not only can - beneficiary has to file ASAP after divorce.

Thanks, but does it mean, "AFTER the beneficiary the decree" or "WAIT until the beneficiary the decree" and then apply for ROC ASAP?

Or simply, does it mean, as soon as the beneficiary applies for the divorce in the court house, they should file for ROC, even if it means that the decree could take some time?

[Villanelle 4,121]

Ok. Lets be clear about this. There is always confusion about this.

There is no must except for the MUST FILE BEFORE THE CARD EXPIRES. period.

So lets speak in regular people speak here and not technical immigration terms- (if someone wants to come along and post the official snip-its from USCIS they are more then welcome to)

We all know there is the 90 day window you get before your card expires. For those that dont know, the ' 90 day window' is the 90 days immediately preceding the expiration of the card that USCIS will accept your paperwork. Send in your paperwork before those 90 days (before the window opens and they will tell you you sent it in too soon and reject it).

When a special situation occurs like a divorce or you become a widow and you are eligible to file the 751 with a waiver check box- a magical thing happens. You are granted the power to open the window. Even if its not your time, you are no where near your 90 days yet, the waiver gives you the strength to open the window and send your application in and have it accepted.

It is your choice on whether you want to open the window EARLY or NOT when you have a waiver.

For some people there is no advantage to it. They dont have their final decree, they simply separated and initiated divorce proceedings. It will be months before they get it and their normal window doesnt open on its own for months so why open it now?

For others they do have everything in order so why wait months for it to open when they have the power to open it? Theres also varying opinions(and this goes on a case by case basis of the particular situation) but if everything is in order and you have the final decree and could have opened the window early and chose to wait 13 months for it to open on its own... well some speculate that the officer may look poorly on that.

In that situation you had a short marriage, you divorced quickly and then (seemingly) delayed notifying them stretch out your status in the US in case your ROC was denied. After all that time the evidence of your marriage is 'stale', bitter feelings from the spouse may be gone, peoples memories are going to be poor. Its harder for them to verify with neighbors- hey did this guy/gal live there, do you remember the couple? etc...

So case by case basis. Everyones paperwork takes different amounts of time. Everyones ROC falls differently in regards to the paperwork.

If you have specific questions on your situation or want input on what might be best for you to do, you can post about it and Im sure youll get lots of different povs to consider to help you decide.

[sunshine16x 5]

If you're sure about divorce, file ASAP! Depending on your state and your situation (crazy ex, kids, property etc.) it can take a long time! If you get the divorce decree before your 90 day window opens, you can file for ROC. You can wait up until I'd say no more than a week, before your GC expires to file ROC if you still don't have the divorce decree. Just don't let your GC expire without you filing because that's worse than filing without the decree. See my timeline

[ydu1 6]

immigration is flexible depending on individual circumstance.

[nitrous_guy 23]

So the answer can be "Yes" it can be filed before the filing window opens if you have everything in order, but can be a "No" too, if everything might not be available.