ROC after separation

[Helena1 1]

Hello

I’m wondering about ROC. I’m in the US after  CR1 procedure that was quick, less than 7 months.

I joined my husband here a year ago. But things are not good and we are separating next month, each moving to a different place. It’s just that we never managed to lead life as a blended family and we each have kids. Because I don’t get along with his teenaged daughter he said he cannot keep living with me. We are not mad at each other nor fighting.

I left everything and sold my belongings to move here from Europe last year. I have a good job and my kids are doing very well at school. So I would rather stay here for now.

When time comes for ROC in 7 months, I just want to say the truth and state that we are separated. I  read as long as the marriage was entered in good faith, that’s what matters, I have a chance to renew my green card. And that is our case. But we don’t own a house or significant assets.

He said that since he brought me here, and feels a little responsible, we should just fill out the ROC form together and  pretend we are still together. That I should add his name to my lease, keep the joined car insurance, he is the beneficiary of my 401K and I am still the beneficiary of his life insurance; his name is still on my account but he doesn’t use it, it’s just my salary and expenses. We have the health insurance from his job and he will keep it that way. We are hesitating and are not filling divorce yet.

Note that I had a diversity visa green card in the past and gave it back to the embassy because at that time, I could not live here most of the year. So I’m not interested in the green card since I had it before for 2 years. I just want a stable life for my kids.

What is your feedback on that? I’d rather say the truth because I have more to lose but he keeps saying I’m stressing over nothing that he knows people who did it while separated and it worked.

[mycase17 114]

In my Opinion, it is not a good idea to lie to USCIS since if they find out, your case can get complicated and denied. In addition, I-751 takes more than 1 year depending upon your Service Center, so there is a lot of burden you gotta put on your shoulder if you are planning to falsify the information by pretending to be living together.

Just be honest, as long as you have all the documents and your marriage is real, you will get your 10 years card.

Good Luck.  

 

[mindthegap 2,537]

You can still file jointly if he is willing to (and it is great that you seem to be keeping it civil!), but you must tell them that you are separated, and do not lie to USCIS.

I know of at least one case where someones citizenship was denied because it came to light that they did not inform USCIS that they had separated after filing the I-751 (ROC) jointly and being approved on that basis.

 

If you choose to file by yourself with a divorce waiver you must be fully divorced before it can be approved.

Also note that a divorce waiver I-751 is adjudicated the same evidence in the same way as a joint filing, and you can also file a waiver I-751 at any time - you do not have to wait until the same period you are required to submit a jointly filed I-751 in.

Edited October 31, 2017 by mindthegap

[geowrian 22,336]

I wouldn't just say the truth, you must do this. It's misrepresentation to say anything else, and it can have very serious consequences at any point in the future (even up to including denationalization, if you ever become a USC). Never lie to anybody in immigration.

Beyond that, you will not find anybody supporting lying here as it is against the VJ terms of service to condone or advise on how to do so.

 

As long as you are not divorced, technically you can file jointly still. But again, don't lie about your current living arrangements, being together, etc. And it relies on the spouse remaining to be civil about the process....which sometimes break down in the years between now and when your ROC is is adjudicated. I'm not saying it will happen here by any means, but we have seen spouses who go to an interview decide to completely tank it. At that point, you're pretty much SOL. Just know the risk if you decide to not divorce but try to go through the process jointly.

 

A single filer waiver, if you divorce, is available and absolutely an option.

 

1 hour ago, Helena1 said:

He said that since he brought me here, and feels a little responsible, we should just fill out the ROC form together and  pretend we are still together. That I should add his name to my lease, keep the joined car insurance, he is the beneficiary of my 401K and I am still the beneficiary of his life insurance; his name is still on my account but he doesn’t use it, it’s just my salary and expenses. We have the health insurance from his job and he will keep it that way. We are hesitating and are not filling divorce yet.

There's no need to still be together. Marriages fall apart sometimes...you just need to show that it was entered into in good faith.

 

Generating evidence for the sole purpose of deceiving USCIS is not only fraud, but just outright a very bad idea. They are looking for this type of activity...find one thing off then they're unlikely to believe anything else. Signing a lease before (or shortly after) separating but not actually living there will almost certainly be discovered. Having a bank account that you claim to be using together but only has one party's deposits and expenses is evidence that you are not actually commingling finances.

 

1 hour ago, Helena1 said:

What is your feedback on that? I’d rather say the truth because I have more to lose but he keeps saying I’m stressing over nothing that he knows people who did it while separated and it worked.

Yes, people have done this. But to be blunt, it's not his neck on the line so take that advice with a grain of salt.

Edited October 31, 2017 by geowrian

[BenjaminKeating 114]

As above, you entered the marriage in good faith and that is what is most important. Sadly marriages fail for many reasons.

 

If you have sufficient evidence that the marriage was entered in good faith and was a genuine marriage from here on in: lease agreements, insurance (health/auto etc), joint bank accounts etc than that should fulfill the requirement for evidence.

 

I would go ahead and divorce and file for ROC with the divorce waiver. Misrepresenting immigration could hold some pretty grim consequences down the line for yourself and your children.

 

Best of luck

[Helena1 1]

Hello

 

Thank  you all for the information and for the advice. Yes you are all confirming my idea. I will tell the truth (tell them exactly what the situation at the time of ROC is) and have peace of mind.

We should be able to file jointly by then (if not I know what to do to file alone) as we are not planning to divorce yet. I just want a quiet life, keep working, take care of my kids ( they are fluent after just 1 year here and the oldest is exiting the English for foreign children 's class already) I don't want to risk losing that for not telling the truth.

Good luck to all and all the best

[charmander 692]

Let's add the official USCIS guide on filing ROC prior to the termination of marriage document.

 

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/2009/i-751_Filed_ Prior_Termination_3apr09.pdf