Is the kind of divorce matters for I-751 with divorce waiver?

[ioxtremod 23]

First of all, thanks a lot for this awesome forum and its members.

 

My wife and I are going to get a divorce.

 

We grew apart this last several months. She started seeing another man. We tried to work it out, but we didn't managed to. She is now leaving me for him and wants to divorce ASAP. 

 

I am still a conditional permanent resident. I am 6-7 months away from being able to apply for ROC. As I am doing an online business, I can do it from wherever. I am thinking of moving back home - Lyon in France -, but the U.S. is truly so much better to start a business. Taxes and regulations are really a breeze. Lots of smart people. And I love the culture and the mentality. I would live to stay here if possible.

 

From what I am reading here, I should still be able to apply for a divorce waiver as soon as I got the final divorce decree and submit enough evidences about when we were together in a bona-fide marriage. 

 

We live in Round Rock, Texas. From my understanding of our marriage situation and being TX residents, we can either get a divorce for "unsupportable" marriage - no fault - or I can get a lawyer, gather evidences and ask to divorce for adultery.

 

I wonder is the kind of divorce we are getting matter for ROC with divorce waiver?

 

I am leaning towards keeping it civil and quiet, I still want to hang out with her and I think it's better for both of us to not have "adultery" in our records. She might also be willing to help gather documentation and maybe write affidavits from her and her brother.

[NikLR 13,232]

Divorced is divorced and from a ROC perspective, it doesn't matter.  From personal insight, I suggest the quiet divorce.  But I am the kind of person who doesnt see a need to make life difficult or ugly for others regardless of what's happened with a few exceptions.  

[f f 725]

which ever path you chose remember she is still on the hook for the i864 and there is nothing a divorce decree can do to take it away. since it is between her and the us government.

 

good luck

[ioxtremod 23]

2 hours ago, NikLR said:

Divorced is divorced and from a ROC perspective, it doesn't matter.  From personal insight, I suggest the quiet divorce.  But I am the kind of person who doesnt see a need to make life difficult or ugly for others regardless of what's happened with a few exceptions.  

Thanks for the quick answer! Yeah, I rather do that too. My only worry is if she turns against me after a while not seeing each other after the divorce. Like sometimes she is very confratational, blaming me for everything while some other time it feels we are living perfect happiness. 

[ioxtremod 23]

2 hours ago, f f said:

which ever path you chose remember she is still on the hook for the i864 and there is nothing a divorce decree can do to take it away. since it is between her and the us government.

 

good luck

thanks,  yeah I don't really want to get her into trouble with that. Anyway, I am the one providing most of the income. 

[Villanelle 4,122]

You need to contact a divorce lawyer. While the grounds dont matter for USCIS (unless its stating that the immigrant committed fraud)- the grounds probably WILL matter when it comes to dividing assets and potentially providing spousal support (alimony). Every state has different divorce laws and I havent looked into what TX says- but generally in most states things are either divided equally or equitably. Equitably means "whats fair". So by you being the main income earner the court may feel she is entitled to more then 1/2. If there are extenuating circumstances like adultery- then the court can take that into account and give one spouse less then 1/2 due to 'bad behavior'. 

 

Again, I didnt look up your states laws, but in many places its like that. You also do have to in loose wording 'justify' your relationship to USCIS. Prove that the marriage was in good faith and not for immigration benefits. IF the decree says adultery on her part then it does 'help' you explain the breakdown to USCIS. I do not advise not having adultery in the decree and then trying to make a case of adultery to USCIS as the reason for the breakdown. They will wonder why it wasnt in the decree if it WAS true. Saying to them- well I wanted to keep things simple- while very admirable can lead to suspicion that you are paperwork savvy and what else did you create on paper as evidence. You know what I mean?

 

Your wife probably will not adultery in the decree. Most people do not- I dont know why, it doesnt mean anything- her new lover knows what occurred. And honestly if she ever marries again and the new spouse sees the adultery in the decree--- well they should. They should know what kind of person she is if she hasnt already told them. 

 

As for your (ex) wifes affidavit. If she is wishy washy in her moods you may not want to include an affidavit from her. Perhaps she will write in it a good mood and then change her mind. When you submit a statement from someone you are loosely giving USCIS permission to talk to said person to verify its contents. Sometimes they do, more often then not they dont. But if they do and shes had a change of mood- well you could be shooting yourself in the foot. You may be better off telling her the ROC has nothing to do with her. It may discourage her from reaching out to USCIS on her own (in a bad mood) and telling them nonsense about you.

[Villanelle 4,122]

You also need to submit your ROC on time (up to 90 days before expiry). You can submit it sooner if you have the final decree but never later then expiry. If you dont have the decree send it with out it- but send it.

[ioxtremod 23]

On 1/24/2017 at 7:11 PM, Damara said:

You need to contact a divorce lawyer. While the grounds dont matter for USCIS (unless its stating that the immigrant committed fraud)- the grounds probably WILL matter when it comes to dividing assets and potentially providing spousal support (alimony). Every state has different divorce laws and I havent looked into what TX says- but generally in most states things are either divided equally or equitably. Equitably means "whats fair". So by you being the main income earner the court may feel she is entitled to more then 1/2. If there are extenuating circumstances like adultery- then the court can take that into account and give one spouse less then 1/2 due to 'bad behavior'. 

 

Again, I didnt look up your states laws, but in many places its like that. You also do have to in loose wording 'justify' your relationship to USCIS. Prove that the marriage was in good faith and not for immigration benefits. IF the decree says adultery on her part then it does 'help' you explain the breakdown to USCIS. I do not advise not having adultery in the decree and then trying to make a case of adultery to USCIS as the reason for the breakdown. They will wonder why it wasnt in the decree if it WAS true. Saying to them- well I wanted to keep things simple- while very admirable can lead to suspicion that you are paperwork savvy and what else did you create on paper as evidence. You know what I mean?

 

Your wife probably will not adultery in the decree. Most people do not- I dont know why, it doesnt mean anything- her new lover knows what occurred. And honestly if she ever marries again and the new spouse sees the adultery in the decree--- well they should. They should know what kind of person she is if she hasnt already told them. 

 

As for your (ex) wifes affidavit. If she is wishy washy in her moods you may not want to include an affidavit from her. Perhaps she will write in it a good mood and then change her mind. When you submit a statement from someone you are loosely giving USCIS permission to talk to said person to verify its contents. Sometimes they do, more often then not they dont. But if they do and shes had a change of mood- well you could be shooting yourself in the foot. You may be better off telling her the ROC has nothing to do with her. It may discourage her from reaching out to USCIS on her own (in a bad mood) and telling them nonsense about you.

I see. Thanks for detailed answer. 

It makes sense that USCIS might ask more questions if I got divorced for no fault and I am saying she left me for another guy in my statement. At the same time, it's something I have already forgave in the past and the true reason for us getting separated is more deeper imcompabilty than one time fault.

 

I've read elsewhere that the main thing USCIS look into is if the spouse is willing to cooperate. So, in this case, letting her with a no fault divorce might be worth her potential help.

 

But, yeah, I don't like having so little power and say in this relationship.