ROC in September 2017 but we are on the verge of separation.

[judefabulous 26]

I and my wife got married in July 2015. I got my 2 years conditional card in December 2015. Am supposed to remove my conditions by September 2017 but right now our marriage is falling apart. My wife can't have kids due to past tubal ligation. We tried to reverse the surgery but  the doctor said the chances of her having kids are very low and there is a tendency of ectopic pregnancy. Moreover, the surgery was very expensive and we don't want to go on with it with the very low chance of success. Since then our marriage has not been the same. She has a child from a past relationship while I have no kids. We are separating because of this issues and a divorce is on the way.Am so confused. Do I need to file for the ROC with a divorce waiver ASAP or wait till we file for divorce first, get the final decree and then file the ROC? Can I still file jointly with her in September 2017 while we are seperated. I need your advices pls.

[NikLR 13,220]

You married someone with the understanding they couldn't have children.  I surely hope you can go to counselling to help your marriage and get over this child issue.  Adoption is an option obviously if you two want to raise nore than one child together. 

 

If you are set on divorce then file within your 90 day period with a divorce waiver.  If you do not have the final divorce decree they will rfe for it. 

[SofisPatience 23]

This is such a tragic situation. It really saddens me. I truly hope you will reconsider and stay with your wife. Now that you're in America, you know there are options here. Many people choose to not have kids, or adopt or have foster children. God's blessings come in many different ways. I pray you guys do have kids as the doctors haven't ruled it out completely yet.

 

As far as the ROC divorce waiver, I agree with the PP, you'd have to be divorce before getting it. Wait till it is finalized.

 

Good luck and God bless.

[sweet01 39]

1 hour ago, judefabulous said:

I and my wife got married in July 2015. I got my 2 years conditional card in December 2015. Am supposed to remove my conditions by September 2017 but right now our marriage is falling apart. My wife can't have kids due to past tubal ligation. We tried to reverse the surgery but  the doctor said the chances of her having kids are very low and there is a tendency of ectopic pregnancy. Moreover, the surgery was very expensive and we don't want to go on with it with the very low chance of success. Since then our marriage has not been the same. She has a child from a past relationship while I have no kids. We are separating because of this issues and a divorce is on the way.Am so confused. Do I need to file for the ROC with a divorce waiver ASAP or wait till we file for divorce first, get the final decree and then file the ROC? Can I still file jointly with her in September 2017 while we are seperated. I need your advices pls.

Your story makes me really sad but if there's a way that you both can save your marriage, that would be great. A marriage counselling might be helpful or maybe a vacation for just the two of you to sort things out will also be a good idea. RE: Divorce, I believe USCIS will typically grant removal of conditions with appropriate evidence of divorce, i.e. a divorce decree or waiver. This link might be helpful to you - http://www.nolo.com/legal-encyclopedia/divorce-your-conditional-residence-status-how-file-divorce-waiver-with-form-i-751.html. 

[mindthegap 2,543]

1 hour ago, judefabulous said:

Can I still file jointly with her in September 2017 while we are seperated. 

Yes

 

1 hour ago, judefabulous said:

. Do I need to file for the ROC with a divorce waiver ASAP or wait till we file for divorce first, get the final decree and then file the ROC? 

You can do either, or file jointly and keep it joint, or file it jointly and add a divorce waiver at a later date.

Choice is yours

[judefabulous 26]

Thanks a lot guys. I really appreciate your good advices..she does not want us to adopt or foster.

[RO_AH 1,623]

Just curious, but did you go into this marriage knowing in advance that she had a tubal ligation? 

[mallafri76 1,012]

I'm confused, I mean surely these things were discussed and agreed upon before marriage?!?!?! 

 

File ROC with divorce waiver.

[Penguin_ie 5,986]

**** two osts removed for judgemental/ unhelpful comments.  Post constructively with advice for the OP or do not post. *****

[f f 725]

so you went into a marriage knowing she could not have kids and are now using it as a reason for divorcing her? grow up be a man and stay by your wife's side. you went into this marriage with full knowledge of her fertility since children and family are a large part of your culture. I would expect a tough removal of conditions since you will have to justify how you now all of a sudden you see child production as a deal breaker but when getting the visa to come here you were able imagine a life with out your own kids.

[Auds 223]

IVF can help with the child issue...

 

 

...

[sy1983 31]

IVF or Segregate. Like mentioned, you went into this marriage knowingly of her fertility status. I think this is not going in your favor in regards with US immigration. 

[K & V 33]

23 hours ago, judefabulous said:

I and my wife got married in July 2015. I got my 2 years conditional card in December 2015. Am supposed to remove my conditions by September 2017 but right now our marriage is falling apart. My wife can't have kids due to past tubal ligation. We tried to reverse the surgery but  the doctor said the chances of her having kids are very low and there is a tendency of ectopic pregnancy. Moreover, the surgery was very expensive and we don't want to go on with it with the very low chance of success. Since then our marriage has not been the same. She has a child from a past relationship while I have no kids. We are separating because of this issues and a divorce is on the way.Am so confused. Do I need to file for the ROC with a divorce waiver ASAP or wait till we file for divorce first, get the final decree and then file the ROC? Can I still file jointly with her in September 2017 while we are seperated. I need your advices pls.

Did you and your wife try IVF or egg donation?

[judefabulous 26]

Having kids is not the issue here. We have tried the IVF. It was not successful because of an ectopic pregnancy. My wife does not want to adopt or foster. You really don't know what some people go through in their relationship till you are in their shoes. I thank you all for your advices and for those of you that feels that they can judge me here...thank you too.

[NikLR 13,220]

On 5/19/2017 at 7:32 AM, judefabulous said:

Having kids is not the issue here. We have tried the IVF. It was not successful because of an ectopic pregnancy. My wife does not want to adopt or foster. You really don't know what some people go through in their relationship till you are in their shoes. I thank you all for your advices and for those of you that feels that they can judge me here...thank you too.

You said you were getting a divorce because having children is too expensive and hard?  People only have what you've stated to base their opinions on, even though you didnt ask for their opinions.

 But you are correct that we can't know your life since we don't live it.  Best of luck to you and your family.