Sudden Divorce while ROC I-751 Pending

[EM_Vandaveer 2,370]

9 minutes ago, Going through said:

 

 

The spouse is a USC, not a "non-citizen".  The OP (the "non-citizen" in this case) is not the one moving.

Technically, the USC in this case, as sponsor to a sponsored immigrant, is also supposed to notify USCIS about moving to another address. Back in the day when we moved we had to file I-865 on paper to do this. It's possible that this can be done online now.

[Going through 5,668]

4 minutes ago, EM_Vandaveer said:

Technically, the USC in this case, as sponsor to a sponsored immigrant, is also supposed to notify USCIS about moving to another address. Back in the day when we moved we had to file I-865 on paper to do this. It's possible that this can be done online now.

I think the USC address change still has to be done via paper---but that's not something the foreigner is obligated to do for them...

 

I was commenting on the "non-citizen" part since that's the only part that was quoted, to clarify for the OP that she didn't need to file an AR-11 in case of any confusion.

[dumiduda1990 19]

1 hour ago, Going through said:

1)  I mentioned a few times in my original post in this thread that USCIS has to be notified (either in writing, or in person).

2)  Living together is NOT a requirement for ROC approval (or else military spouses would never be approved while the other is on active duty, and neither would abuse-waiver applicants who no longer live with their abuser)---if married, the requirement is living in marital union---not the same as physically living together----the requirement with a divorce waiver filing is that the applicant must prove the marriage was entered into with bonafide intent.

Thank you! I have a question regarding the text in green - based on the wording, is there a difference between proving the marriage was entered into bonafied intent, versus the marriage is real? I'm asking because if these two are different things viewed by USCIS, I might need to put more emphasis on the "entering" part, but before we got married, we didn't have any financial assets together or any joint filings. It's really just stories, texts, and pictures.

1 hour ago, NikLR said:

You can send a letter or call the USCIS along with extra evidence.  Write your case number on everything.  I would attempt an infopass if possible. 

Thank you! I will try to schedule an infopass ASAP!

[dumiduda1990 19]

Would an affidavit from my soon-to-be ex be helpful with the application or I should be cautious about it? He said he'd be willing to prove and testify that our marriage was a good faith marriage. 

 

If I get rejected for ROC, how long time do I have to sell the house and belongings before I have to leave the US? If I get rejected before the extension letter expires, does that change my status expiration date? If I get rejected, if there's any room for appeal, because our marriage was really entered in a good faith?

[SY12 29]

My ex-husband and I also jointly filed but then divorce while I-751 pending. I waited for the final decree to arrive and then requested a switch to a divorce waiver. I mailed them a copy of the final decree, some pictures of us, a personal statement explaining what happened, and three letters from my friends. I was recently approved without any RFE or interview and have my 10-yr card on hand now. Good luck! Let me know if you have any questions

[mindthegap 2,537]

1 hour ago, sherriJoy said:

Would an affidavit from my soon-to-be ex be helpful with the application or I should be cautious about it? He said he'd be willing to prove and testify that our marriage was a good faith marriage. 

Yes

 

1 hour ago, sherriJoy said:

If I get rejected for ROC, how long time do I have to sell the house and belongings before I have to leave the US?

Divorce is not a reason for denial of ROC.

If you were to receive a denial, there are many many other steps and legal avenues available to you before you would have to leave...if indeed it ever got that far.

 

1 hour ago, sherriJoy said:

If I get rejected before the extension letter expires, does that change my status expiration date? 

Yes and no. It's complicated. Best not to stress on stuff that does not and in all likelihood won't ever apply to your circumstances.

 

1 hour ago, sherriJoy said:

If I get rejected, if there's any room for appeal, because our marriage was really entered in a good faith?

Appeal a denied I-751? No.

Request it is re-evaluated due to incorrect or unlawful applicaton of policy, or error, yes.

You can also file multiple I-751s.

[Going through 5,668]

2 hours ago, sherriJoy said:

I might need to put more emphasis on the "entering" part, but before we got married, we didn't have any financial assets together or any joint filings. It's really just stories, texts, and pictures.

They don't care what financial co-mingling you did BEFORE marriage.

 

 

5 hours ago, sherriJoy said:

When we submitted ROC, we submitted the following evidence:

• joint bank statements
• joint credit card
• joint mortgage
• house contract (we built a house together) & house is under both of our names
• tax returns filed jointly for two years
• joint auto insurance
• medical plan that covers both people
• Affidavit from two mutual friends

 

 

2 hours ago, sherriJoy said:

I have a question regarding the text in green - based on the wording, is there a difference between proving the marriage was entered into bonafied intent, versus the marriage is real?

 

It goes hand in hand, really---you would have (hopefully!  😛 ) entered into the marriage with bonafide intent and thus had a "real" marriage (and presumably lived in marital union until the marriage broken down).

 

Presumably you already proved entering into a bonafide marriage with your approved AOS filing....You lived as a "normal, married couple" (whatever the heck that means), you co-mingled finances like a "normal, married couple"---quotation marks are mine, obviously---although I and my spouse were far from what US society perceived as a "normal, married couple" when I did my ROC...I had only 3 things out of that list you posted above.

Edited January 11, 2019 by Going through

[dumiduda1990 19]

5 hours ago, SY12 said:

My ex-husband and I also jointly filed but then divorce while I-751 pending. I waited for the final decree to arrive and then requested a switch to a divorce waiver. I mailed them a copy of the final decree, some pictures of us, a personal statement explaining what happened, and three letters from my friends. I was recently approved without any RFE or interview and have my 10-yr card on hand now. Good luck! Let me know if you have any questions

 

Thank you! That is so encouraging to hear! 

 

 

5 hours ago, mindthegap said:

"Would an affidavit from my soon-to-be ex be helpful with the application or I should be cautious about it? He said he'd be willing to prove and testify that our marriage was a good faith marriage. "

Yes

 

Now I'm thinking.. We are on good terms not but what if down the road things get bad? What if he writes a truthful affidavit for me right now but then when USCIS contacts him later he changes his words? Does USCIS contact people who write affidavits?

Edited January 11, 2019 by sherriJoy

[Chocobo 196]

7 minutes ago, sherriJoy said:

Now I'm thinking.. We are on good terms not but what if down the road things get bad? What if he writes a truthful affidavit for me right now but then when USCIS contacts him later he changes his words? Does USCIS contact people who write affidavits?

You have to be prepared that this COULD happen.  Having through through a divorce, I, personally, would not count on my soon-to-be ex to be helpful at all.  (Just my two cents, take it for what it's worth.)

 

I am very sorry that this is happening.  I know you have a lot on your plate, but I do encourage you to try to pause and absorb things before you make any filings, before you sign any divorce documents, etc.  Honestly, I've never heard of a divorce being over with in 75 days (unless MAYBE you roll over and accept every offer he makes and have no contentions whatsoever).  Please make sure to take a little time to process.  The county where you live should have some information online about the divorce process in your state (how long it takes to "serve" you with divorce papers, how long you have to respond, etc) so you can get a better idea of how long you have before you have to file anything with USCIS.  

 

Good luck!

[Going through 5,668]

55 minutes ago, sherriJoy said:

What if he writes a truthful affidavit for me right now but then when USCIS contacts him later he changes his words?

1) Chances are slim he would be contacted in regards to an affidavit he's written.  Is it possible?  Sure, but not done generally if you have  other compelling evidence.

 

2) The affidavit is a sworn statement written by him declaring everything he's saying in the statement is true and factual.  If he DID "change his words" later, he'd probably be hard-pressed to come up with a reasonable explanation as to why he wrote the initial statement in support of you.

 

Since you are filing with the divorce waiver, I'd forego the whole having him write an affidavit at all....simply because the divorce waiver removes your spouse from your ROC process, anyhow.  While it seems helpful, and can be helpful (and actually quite nice of him to provide you with one if needed), like you said ...."what if..."

 

To reiterate what I said earlier in this thread, personally I wouldn't put any trust in regards to this process in anyone I was no longer involved with.  No matter how nice they are in the beginning.

[dumiduda1990 19]

Thank you @Chocobo and @Going through, really really good advice! I'll forget about it then 🙂

[mindthegap 2,537]

14 hours ago, sherriJoy said:

Now I'm thinking.. We are on good terms not but what if down the road things get bad? What if he writes a truthful affidavit for me right now but then when USCIS contacts him later he changes his words? Does USCIS contact people who write affidavits?

 

Well, I have a denied I-751 solely on the basis of a false allegation made to USCIS by my ex-spouse after we were separated, but before divorce proceedings were commenced, so make of that what you will...

Edited January 12, 2019 by mindthegap

[dumiduda1990 19]

Hi everyone,

 

It’s been a few hectic days. My husband’s feelings seem to have softened a bit, and he said we are just separating for now and he won’t be filing for a divorce right away. Should I still notify USCIS of this situation where he’s moving out (today)? I’m still hoping that we can work things out and reconcile. 

[NikLR 13,220]

No.

[new yorker87 4]

1 hour ago, mindthegap said:

 

Do note that I specifically asked at I-751 interview if my ex spouse had contacted or been contacted by USCIS and was told no - which was a flat out lie by the interviewer. The first I heard of any allegation(s) was in the denial letter - and it didn't actually tell me anything really. In hindsight a couple of the questions in the interview were very specific to the exact reason given for denial based on the allegation, so the interviewer definitely knew, and lied.

Crazy, and a total breach of their own policies.

 

 

 

 

Thanks for your reply. But this is very ridiculous of agency to deny merely on basis of statement without any proof. 

I am also quite sure my ex had filed fraud complaint against me .  I  have also filed FOIA  but I think , they will omit that part.  lets see,

fingers crossed what happens. 

One thing i would like to ask is this your only N400 interview or its together I751 and n400 , ? 

Edited January 17, 2019 by new yorker87