Divorce on conditional GC (merged)

[CJlove 147]

This Is heart breaking.... 🙀💔💔💔💔💔 

[JFH 12,189]

Please don’t start multiple threads with the same question. I have asked for the two threads to be merged. 

[Ban Hammer 12,835]

4 minutes ago, JFH said:

Please don’t start multiple threads with the same question. I have asked for the two threads to be merged. 

what she said.  dupe threads merged.

[Tunisian_tunisia 13]

1 hour ago, CJlove said:

This Is heart breaking.... 🙀💔💔💔💔💔 

Any suggestions please?!

[Diane and Chris 651]

5 hours ago, Tunisian_tunisia said:

What are my chances of getting my 10 years GC after divorce ? i'm worried about that. i can access those evidence and print them out in the mean time, but can anyone tell me what kind of evidence i need exactly ? 

but especially i want to know what are my chances of getting my 10 yrs gc

we are married since feb 2017

You know what?  You’ll never know until you try. As has been stated, this is a common theme for many marriages. Divorce her, move on, and file for 10 year GC with the waiver. Good luck!

[Tunisian_tunisia 13]

I caught my wife (us citizen) cheating on text messages, but i did not catch her cheating on person, would this still count as adultery? 

the text are all about let's meet up and go drink, pick me up at the house and some flirty conversations, and a screen shot on snap chat with a picture of my wife half naked but without exposing her genitals and giving him the address below the picture. would this be enough to ask for divorce because of adultery ?

[debbiedoo 2,339]

you dont need a reason for divorce. nearly all states have a no fault divorce.

 

the only thing you for ROC with a divorce waiver are the divorce papers and proof the marriage was entered into in good faith.

[geowrian 22,335]

Agreed. This is a marital issue. Either work it out or file for divorce. Nobody can stop you from getting a divorce even if you had no evidence of wrongdoing.

[Tunisian_tunisia 13]

12 minutes ago, debbiedoo said:

you dont need a reason for divorce. nearly all states have a no fault divorce.

 

the only thing you for ROC with a divorce waiver are the divorce papers and proof the marriage was entered into in good faith.

But what about my ROC interview later ?! Would it matter that she cheated  and it was not my fault that marriage ended?!  PS: we have joint car insurance for car N1 and we have car title and car insurance for car N2, we have apartment lease , and 2 joint bank accounts and 1 savings, we have some bills under both our names, and i have a paper from her kids day care showing me as a parent. All o these things are jointly. Would this be enoigh to show bona fide?!

7 minutes ago, geowrian said:

Agreed. This is a marital issue. Either work it out or file for divorce. Nobody can stop you from getting a divorce even if you had no evidence of wrongdoing.

But what about my ROC interview later ?! Would it matter that she cheated  and it was not my fault that marriage ended?!  PS: we have joint car insurance for car N1 and we have car title and car insurance for car N2, we have apartment lease , and 2 joint bank accounts and 1 savings, we have some bills under both our names, and i have a paper from her kids day care showing me as a parent. All o these things are jointly. Would this be enoigh to show bona fide?!

[geowrian 22,335]

4 minutes ago, Tunisian_tunisia said:

But what about my ROC interview later ?! Would it matter that she cheated  and it was not my fault that marriage ended?!  PS: we have joint car insurance for car N1 and we have car title and car insurance for car N2, we have apartment lease , and 2 joint bank accounts and 1 savings, we have some bills under both our names, and i have a paper from her kids day care showing me as a parent. All o these things are jointly. Would this be enoigh to show bona fide?!

Why the marriage ended isn't really relevant for ROC (although it might be asked). What matters is showing that the marriage was entered into in good faith. Whether the petitioner cheated or not doesn't really change that aspect - legitimate marriages have cheaters, fraudulent marriages have cheaters.

 

The evidence you noted is pretty typical and the vast majority of ROC cases are approved. I don't see a particular reason for concern.

[debbiedoo 2,339]

They might ask why you got divorced, but thats not where their concern LIES. lots of people divorce, for every reason under the sun. They want to know the marriage was entered into in good faith and wasn't for immigration purposes. your evidence sounds fine to me

 

[Tunisian_tunisia 13]

6 minutes ago, geowrian said:

Why the marriage ended isn't really relevant for ROC (although it might be asked). What matters is showing that the marriage was entered into in good faith. Whether the petitioner cheated or not doesn't really change that aspect - legitimate marriages have cheaters, fraudulent marriages have cheaters.

 

The evidence you noted is pretty typical and the vast majority of ROC cases are approved. I don't see a particular reason for concern.

I’m concerned because i keep reading and hearing about all of these horror stories about people being deported after divorce. My marriage will be 2 years ol in February, and I remember reading that it is a suspicious thing to not be able to keep a marriage for 2 years if it was actually real. I also have joint tax return. I couldn’t find alot of encouraging stories about people who still got their residency after divorce ...

[p-ana 933]

This is tour third thread on the same topic and the other two already gave you good answers.  What you need to concentrate on is having proof you entered the marriage in good faith and that you commingled your lives even if it was only for a short period of time

[geowrian 22,335]

1 minute ago, Tunisian_tunisia said:

I’m concerned because i keep reading and hearing about all of these horror stories about people being deported after divorce. My marriage will be 2 years ol in February, and I remember reading that it is a suspicious thing to not be able to keep a marriage for 2 years if it was actually real. I also have joint tax return. I couldn’t find alot of encouraging stories about people who still got their residency after divorce ...

Sure, some people are denied ROC, but that is by far not the norm...no idea where you're hearing so many horror stories.

It's not suspicious at all. ROC explicitly has a process for handling this circumstance.

There are many, many cases on VJ of people completing ROC after a divorce.

 

USCIS data set: https://www.uscis.gov/sites/default/files/USCIS/Resources/Reports and Studies/Immigration Forms Data/All Form Types/Quarterly_All_Forms_FY18Q3.pdf

I-751 (ROC) has a 95% approval rate. The denials are likely administrative (like not responding to an RFE) or due to crimes IMO.

If denied, you can refile up until an immigration judge removes you.

If you challenge a denial with the immigration judge, you get yet another shot to prove your case.

I don't have stats on how often ROC ultimately results in removal due to lack of not having a bona fide marriage, but I wouldn't be surprised if it was in the 1% or less range.

[debbiedoo 2,339]

if the marriage was entered into in good faith. If you have proof your lives and finances were intermingled. If you dont have a criminal record. Then you have very little to worry about.