Divorce on conditional GC (merged)

[geowrian 22,335]

8 minutes ago, Tunisian_tunisia said:

What would lead a ROC case to be denied?! 

• Failure to respond to an RFE.
• Not being able to convince the IO of a bona fide marriage. This is a judgement call by the IO based on the evidence you will provide showing it was a bona fide marriage.

[Tunisian_tunisia 13]

11 minutes ago, geowrian said:

• Failure to respond to an RFE.
• Not being able to convince the IO of a bona fide marriage. This is a judgement call by the IO based on the evidence you will provide showing it was a bona fide marriage.

Is there some specific evidence that are considered very strong to show bonafide?! Like they have to be there 

[geowrian 22,335]

15 minutes ago, Tunisian_tunisia said:

Is there some specific evidence that are considered very strong to show bonafide?! Like they have to be there 

No single piece of evidence is required to show a bona fide marriage.

Evidence of living together is a pretty big one.

Commingling of finances (i.e. joint accounts used jointly, beneficiaries for insurances and accounts, etc.) is another one they like to see.

[Tunisian_tunisia 13]

38 minutes ago, geowrian said:

No single piece of evidence is required to show a bona fide marriage.

Evidence of living together is a pretty big one.

Commingling of finances (i.e. joint accounts used jointly, beneficiaries for insurances and accounts, etc.) is another one they like to see.

We have 1 joint checking just for our bills, on this account the same cycle of bills repeats each month, we have another joint checking that we opened in feb 2018 and it’s for our daily expenses but the activity on it went a little low because she quit her job and i get paid cash so we use more cash. We have one savings together also. We have 1 car title under both our names and we have 2 car insurance under both names and we have internet bill that come under both names.I purchased a car 3 weeks ago and put it under both names but her car is under her name because it’s a gift from her mom. We have last year’s tax return under both names. We also have  letters coming to our same adress. All of the evidence started after September 2017 because that’s where I received my GC and started working. We have some family pics with her family and some pic of us on some small trips. We don’t have health insurance because she is covered with molina health care for low income family for her and her kids before i came to the states. I don’t have health insurance because I work part time and didn’t make enough to plan on purchasing one. We don’t have life insurance as well. We have apartment lease under both names since March 2017. I think that’s all we got. Soon I’ll add the evidence of going to the counseling sessions and possibly next year’s tax return if we got to that time of the year together. That’s all i have.

[Tunisian_tunisia 13]

17 hours ago, Tunisian_tunisia said:

We have 1 joint checking just for our bills, on this account the same cycle of bills repeats each month, we have another joint checking that we opened in feb 2018 and it’s for our daily expenses but the activity on it went a little low because she quit her job and i get paid cash so we use more cash. We have one savings together also. We have 1 car title under both our names and we have 2 car insurance under both names and we have internet bill that come under both names.I purchased a car 3 weeks ago and put it under both names but her car is under her name because it’s a gift from her mom. We have last year’s tax return under both names. We also have  letters coming to our same adress. All of the evidence started after September 2017 because that’s where I received my GC and started working. We have some family pics with her family and some pic of us on some small trips. We don’t have health insurance because she is covered with molina health care for low income family for her and her kids before i came to the states. I don’t have health insurance because I work part time and didn’t make enough to plan on purchasing one. We don’t have life insurance as well. We have apartment lease under both names since March 2017. I think that’s all we got. Soon I’ll add the evidence of going to the counseling sessions and possibly next year’s tax return if we got to that time of the year together. That’s all i have.

Also can anyone tell me what type of questions would I expect if i get an interview after filing ROC with divorce waiver?!

[Tunisian_tunisia 13]

20 hours ago, Tunisian_tunisia said:

No single piece of evidence is required to show a bona fide marriage.

Evidence of living together is a pretty big one.

Commingling of finances (i.e. joint accounts used jointly, beneficiaries for insurances and accounts, etc.) is another one they like to see.

Also can you tell me what type of questions would I expect if i get an interview after filing ROC with divorce waiver?!

[Tunisian_tunisia 13]

Update: we are having a counseling appointment on the 3rd, i tried to work things out before the counseling but she seems to be far and very distant from me. i even offered to forgive her cheating and told her that maybe i didn't pay attention to our relationship as i should and that's why we ended up in this position but that still couldn't change her mind. she said she needs space and time and we should wait on the counseling to see how things will workout. she asked me to stop hacking into her social media i said i'll if you stop talking to the guy you cheated  with but she said that it is her personal business and i can't tell her to stop her personal things. I tried everything possible, i even acknowledge what i have not been good at in our relationship and told her i'll try to do better. She said she wants to keep us at a distance just like friends until the counseling is done. I've been suffering and depressed recently because of the whole heart break she cause and also because of my excessive worry about removing my condition, while she seems completely happy. i caught her texting the guy again today .... Honestly guys i'm scared, my fear of losing my residency is making do stupid thing like this. because i'm just SCARED. 

Please tell me what are the worst case scenarios that would happen if i divorce and what questions would i expect if i get an interview for ROC after divorce?

and if you want to know what evidence i have, i already listed them in the previous post. 

i just need someone to lift me up, and tell me what would i expect. please

thank you so much

Edited November 30, 2018 by Tunisian_tunisia

[Villanelle 4,121]

@Tunisian_tunisia 

Im going to be blunt with you- you CAN NOT make someone love you if they dont. Stop trying to save the relationship. It is over. She moved on. Let her go. There is nothing you can say or do to change her heart or mind.

 

You will need to file ROC with a divorce waiver, so you need to get a divorce. Focus on that. Do not make concessions in the divorce because you feel you 'need it' for ROC. Yes, you do need a final divorce decree to get approved for a divorce waiver ROC, but immigration has provisions for such a situation. Im not going to go into a long explanation about it but basically USCIS would administratively deny you for not having a final decree and send you to court where a judge will give you as much time as you need to get a final decree. It will add cost and time and extra steps, but if thats how it goes, thats how it goes. Plenty of people go through it. 

 

The divorce decree will be an important part of your ROC. It can not have anything in it about fraud (by either of you), it can say adultery (spouse). It will state you guys lived together from x to y dates (and your lease will support that), it will list out all your assets and debts. You will want to write a statement about the relationship/marriage how it started/how it ended. Your evidence seems about average however you should look through ROC threads and see what other people submitted to see if you have it. If you dont and you see it is a repeated item all you have to do is address it in your letter. Ex- we didnt have children because she has 4 older kids/is older and it would have been risky/financial concerns- whatever it is. 

 

Please stop harassing her and focus on getting a divorce and collecting ROC evidence. (I didnt read all 6 pages of this thread-sorry-Ive seen bits and pieces as you posted though and I do understand youre worried about ROC. Dont drive yourself crazy with hypothetical scenarios and focus on what is actually happening right now) Best of luck to you!

[Tunisian_tunisia 13]

20 hours ago, Damara said:

@Tunisian_tunisia 

Im going to be blunt with you- you CAN NOT make someone love you if they dont. Stop trying to save the relationship. It is over. She moved on. Let her go. There is nothing you can say or do to change her heart or mind.

 

You will need to file ROC with a divorce waiver, so you need to get a divorce. Focus on that. Do not make concessions in the divorce because you feel you 'need it' for ROC. Yes, you do need a final divorce decree to get approved for a divorce waiver ROC, but immigration has provisions for such a situation. Im not going to go into a long explanation about it but basically USCIS would administratively deny you for not having a final decree and send you to court where a judge will give you as much time as you need to get a final decree. It will add cost and time and extra steps, but if thats how it goes, thats how it goes. Plenty of people go through it. 

 

The divorce decree will be an important part of your ROC. It can not have anything in it about fraud (by either of you), it can say adultery (spouse). It will state you guys lived together from x to y dates (and your lease will support that), it will list out all your assets and debts. You will want to write a statement about the relationship/marriage how it started/how it ended. Your evidence seems about average however you should look through ROC threads and see what other people submitted to see if you have it. If you dont and you see it is a repeated item all you have to do is address it in your letter. Ex- we didnt have children because she has 4 older kids/is older and it would have been risky/financial concerns- whatever it is. 

 

Please stop harassing her and focus on getting a divorce and collecting ROC evidence. (I didnt read all 6 pages of this thread-sorry-Ive seen bits and pieces as you posted though and I do understand youre worried about ROC. Dont drive yourself crazy with hypothetical scenarios and focus on what is actually happening right now) Best of luck to you!

"Do not make concessions in the divorce because you feel you 'need it' for ROC" can you please explain what you mean with this ?

"but immigration has provisions for such a situation" also this part please?

i live i Washington state and it is a "NO-FAULT" state when it comes to divorce so i don't think if they would care if it's adultery or not. also wouldn't my attempt to prove the adultery make my divorce take longer ? clear me on this if possible please

thank you

[Going through 5,668]

On 11/29/2018 at 7:28 PM, Tunisian_tunisia said:

she asked me to stop hacking into her social media i said i'll if you stop talking to the guy you cheated  with but she said that it is her personal business and i can't tell her to stop her personal things.

Stop doing this.  Seriously.  Stop before you continue this/do other things and you find yourself getting slapped with a harassment charge or protection order from her which will further complicate your immigration.  Since the two of you are going through a divorce now, she's absolutely correct in telling you it's her personal business.

[Tunisian_tunisia 13]

3 minutes ago, Going through said:

Stop doing this.  Seriously.  Stop before you continue this/do other things and you find yourself getting slapped with a harassment charge or protection order from her which will further complicate your immigration.  Since the two of you are going through a divorce now, she's absolutely correct in telling you it's her personal business.

I wasn't literally hacking, but the thing is that i take care of all electronic devices and social media accounts in our house including hers. So i make all passwords in the house even hers that's how i can access everything and she already knows. But really thank you for informing about these two things.

[geowrian 22,335]

26 minutes ago, Tunisian_tunisia said:

I wasn't literally hacking, but the thing is that i take care of all electronic devices and social media accounts in our house including hers. So i make all passwords in the house even hers that's how i can access everything and she already knows. But really thank you for informing about these two things.

Unauthorized access of her personal information and/or using her identity without her consent.

It's not hacking, but that's a distinction without a difference.

[NikLR 13,220]

7 hours ago, Tunisian_tunisia said:

"Do not make concessions in the divorce because you feel you 'need it' for ROC" can you please explain what you mean with this ?

"but immigration has provisions for such a situation" also this part please?

i live i Washington state and it is a "NO-FAULT" state when it comes to divorce so i don't think if they would care if it's adultery or not. also wouldn't my attempt to prove the adultery make my divorce take longer ? clear me on this if possible please

thank you

Do not give her something in the divorce just to try and make yourself look better.  Just handle the divorce as if you have no immigration issues. 

Since you're in a no fault state, stop worrying about her adultry.  

Immigration will keep your case open and active as long as it takes to get your final divorce decree but it will cost you more time and money if you take longer. 

[Tunisian_tunisia 13]

Guys, would filing jointly while separated possible ? she suggested if i want to wait until we file ROC to divorce. she means after the whole ROC process is done.

i can trust her at the interview if there is one. but my ROC filing won't be due until end of June. 

do you think this doable ? and what risks am i running ? is it a good idea ? 

[Going through 5,668]

42 minutes ago, Tunisian_tunisia said:

Guys, would filing jointly while separated possible ? she suggested if i want to wait until we file ROC to divorce. she means after the whole ROC process is done.

i can trust her at the interview if there is one. but my ROC filing won't be due until end of June. 

do you think this doable ? and what risks am i running ? is it a good idea ? 

You can file while separated, however you MUST disclose in your ROC submission that you are separated/going through a divorce yet still legally married.  If you don't let USCIS know that you are indeed separated while filing a joint ROC, then you are misrepresenting yourself---and if/when they find out this info later you are down a very tricky road since the initial approval would have been given without the IO aware of all of the facts.

 

You will get an interview after disclosing to USCIS that you two are separated....and to be honest, I would suggest filing with the divorce waiver instead of choosing to submit the petition jointly. 

 

She may be in a good mood now and saying she'll be supportive----but things happen, life happens, people's moods change depending on what's going on at the moment----a year or so down the road when it's time for the interview she might very well end up tanking it completely on purpose because you two are arguing over the separation/divorce/etc. and she just feels like being vindictive in the moment (Note:  if she doesn't show up for the interview, you can switch to the divorce waiver then....but say she DOES show up, and then says something completely detrimental about your case then you're up a creek with no paddle...it's happened before, so be warned.) 

Edited December 3, 2018 by Going through