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Gyyomme

Divorce while filing for ROC

By Gyyomme in Effects of Major Family Changes on Immigration Benefits

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Gyyomme Enthusiast

Gyyomme   273

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Filed: Citizen (apr) Country: Nigeria
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Hi VJ,

 

I never thought i will asking this question on visa journey but here i am. Due to irreconcilable differences, i will be filing for divorce. We were married in july 2019 and will be filing for divorce tomorrow. My questions are, i am in the 90 days window to file, i know i will be filing with a divorce waiver.

 

Do i send the petition off without a divorce degree? or have to wait before i file for divorce before sending off the petition?

 

Also, i am using same address as before, will this be a problem?

 

Thank you.

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Crazy Cat Grand Master

Crazy Cat   39,227

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9 minutes ago, Gyyomme said:

Hi VJ,

 

I never thought i will asking this question on visa journey but here i am. Due to irreconcilable differences, i will be filing for divorce. We were married in july 2019 and will be filing for divorce tomorrow. My questions are, i am in the 90 days window to file, i know i will be filing with a divorce waiver.

 

Do i send the petition off without a divorce degree? or have to wait before i file for divorce before sending off the petition?

 

Also, i am using same address as before, will this be a problem?

 

Thank you.

If you send the petition without a divorce decree, they WILL send you an RFE...which could require a response in 90 days. How long will it take to get the final decree? 

 

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

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______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

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In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Gyyomme Enthusiast

Gyyomme   273

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Filed: Citizen (apr) Country: Nigeria
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Posted (edited)
1 minute ago, Crazy Cat said:

If you send the petition without a divorce decree, they WILL send you an RFE...which could require a response in 90 days. How long will it take to get the final decree? 

It should not take long, we live in a small town and it is an uncontested divorce. So i can send it off without a divorce decree?

Edited by Gyyomme
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Timona Experienced

Timona   3,941

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Which state are you in?

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

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Timona Experienced

Timona   3,941

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8 minutes ago, Gyyomme said:

Minnesota.

I see you guys don't have a waiting period. Go ahead

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

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Gyyomme Enthusiast

Gyyomme   273

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2 minutes ago, Timona said:

I see you guys don't have a waiting period. Go ahead

I can file without the final decree? Thank you.

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Timona Experienced

Timona   3,941

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21 minutes ago, Gyyomme said:

I can file without the final decree? Thank you.

 

Yes you can. But as was mentioned earlier, you'll get an RFE..so if you're sure that you'll get the final decree within 4 months atleast, file ROC with "divorce waiver option" checked. 

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

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Gyyomme Enthusiast

Gyyomme   273

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13 minutes ago, Timona said:

 

Yes you can. But as was mentioned earlier, you'll get an RFE..so if you're sure that you'll get the final decree within 4 months atleast, file ROC with "divorce waiver option" checked. 

Thank you!

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Mike E Grand Master

Mike E   11,723

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Filed: Citizen (apr) Country: Myanmar
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File for divorce  now.  
 

Prepare an I-751 with a divorce waiver.  
 

Do not file I-751 until 2 weeks before your gc expires or when you have a divorce decree in hand, which ever comes first.  
 

When you get an RFE for the divorce decree, reply to the RFE by the deadline in the RFE using the method of reply the RFE requires.  

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