Filed ROC, Separated; Waiver? [split topic]

[Fer Schvarztman 217]

Hi everyone!, I'm looking for some insight on my situation. I already filed for ROC Jan 2023, and got separated after that. We are close to reach a year separated now. In my situation separation and counseling is not an option, so I believe a waver is what I need. Since I'm waitting for the ROC interview and the gov sent me a letter stating my expired GC is extended for 2 years, that means I should ask for a waver at the interview or file one? I would appreciate some insight about how to go over this situation, as of course I will need legal advice, but at least any data that can put me in the right direction will be much appreciated, thank you!

[OldUser 4,844]

39 minutes ago, Fer Schvarztman said:

Hi everyone!, I'm looking for some insight on my situation. I already filed for ROC Jan 2023, and got separated after that. We are close to reach a year separated now. In my situation separation and counseling is not an option, so I believe a waver is what I need. Since I'm waitting for the ROC interview and the gov sent me a letter stating my expired GC is extended for 2 years, that means I should ask for a waver at the interview or file one? I would appreciate some insight about how to go over this situation, as of course I will need legal advice, but at least any data that can put me in the right direction will be much appreciated, thank you!

Hi @Fer Schvarztman

I'm sorry you're going through separation and heading towards divorce.

You don't want to wait for the ROC interview. You may be approved for 10 year GC without interview.

If this happens, you could have big problems at later stage, during naturalization. You may be accused of fraud or misrepresentation.

You need to file for divorce and convert your petition to divorce waiver by notifying USCIS.

How long a typical divorce would take in your state? Did you consult a family lawyer?

[TBoneTX 43,069]

The above were split from another thread in this forum.

[Fer Schvarztman 217]

12 hours ago, OldUser said:

Hi @Fer Schvarztman

I'm sorry you're going through separation and heading towards divorce.

You don't want to wait for the ROC interview. You may be approved for 10 year GC without interview.

If this happens, you could have big problems at later stage, during naturalization. You may be accused of fraud or misrepresentation.

You need to file for divorce and convert your petition to divorce waiver by notifying USCIS.

How long a typical divorce would take in your state? Did you consult a family lawyer?

I appreciate your concern, it's been hard and sad to see how a person changes when has so much control over you, and being so afraid to lose everything put me on a tough situation now.

 

I'm in NYC and to be eligible for divorce you need to be separated for a year. I'm struggling to find an immigration lawyer and a family lawyer because I don't want to get scamed or misrepresented and get a denial. If anyone can help me finding a family lawyer and/or immigration lawyer or firm that is legit and good I will very much appreciate 

 

[AnotherLove 34]

14 hours ago, Fer Schvarztman said:

We are close to reach a year separated now. 

 

you mean it will be one year next year? (so in 2024?) but yes, @OldUser is correct.

Edited August 17, 2023 by zeroshucksgiven

[Fer Schvarztman 217]

1 hour ago, zeroshucksgiven said:

 

you mean it will be one year next year? (so in 2024?) but yes, @OldUser is correct.

Yes by Feb/may 2024 it will be a year 

[Rocio0010 5,565]

3 hours ago, Fer Schvarztman said:

I appreciate your concern, it's been hard and sad to see how a person changes when has so much control over you, and being so afraid to lose everything put me on a tough situation now.

 

I'm in NYC and to be eligible for divorce you need to be separated for a year. I'm struggling to find an immigration lawyer and a family lawyer because I don't want to get scamed or misrepresented and get a denial. If anyone can help me finding a family lawyer and/or immigration lawyer or firm that is legit and good I will very much appreciate 

 

I’d say if your case isn’t complicated and you don’t have criminal records then you don’t need an immigration lawyer and you can DIY as long as you’re willing to put in the effort and time it takes to build up your case.

[Ketsuban 1,034]

I think you will need to write to them and inform them you are filing for divorce and need to convert to divorce waiver, they will send an RFE for the decree (which you won't have due to the one year rule in NY) and then your ROC would be denied. You're in a pretty awkward situation here. You can't go through without telling them in case they approve you without interview, but if you tell them now, the RFE deadline would expire probably before you can even file for divorce.  

 

You can re-file after a denial but you do put yourself at risk of being deportable in between the denial and their acceptance of the new I-751. 

[JeanneAdil 6,203]

NY says separated (not living together ) is not the same as legal separation

which is what u need 

if u or spouse has not filed for a legal separation ,  do so ASAP

the year will start when this is filed with the court

[Fer Schvarztman 217]

Thanks everyone for your input, I really need legal advice to know how to aproach this situation properly. 

[AnotherLove 34]

Here is my question or concern and I read this here daily: 

 

OP filed in ROC 02/2023, all know the process times of ROC, why on earth would be her case already approved this year?! Or next year? OP separation year is about to come up, file for divorce, get the decree, then switch your petition. 
 

The option you will be approved without an interview in one year - even this year - is rare! Am I wrong? 
 

Yes you will get a divorce but you haven’t even started divorce proceedings, since you can’t due to the 1 year separation rule here. So, why already now USCIS information about a divorce which hasn’t been even filed yet, despite a separation agreement? 
 

24 minutes ago, Fer Schvarztman said:

Thanks everyone for your input, I really need legal advice to know how to aproach this situation properly. 

maybe you want to go on Jim Hackings Live Show. There is phone number and you will get texts whenever he comes live.

Edited August 17, 2023 by zeroshucksgiven

[OldUser 4,844]

1 hour ago, zeroshucksgiven said:

 

OP filed in ROC 02/2023, all know the process times of ROC, why on earth would be her case already approved this year?! Or next year? OP separation year is about to come up, file for divorce, get the decree, then switch your petition. 
 

The option you will be approved without an interview in one year - even this year - is rare! Am I wrong? 

It happens to small percentage of cases, maybe 5-10%. Approvals with USCIS are very unpredictable.

[Fecalith 0]

Please people! Stop spreading misinformation that NY needs a pne year of legal separation to start divorce proceedings! This is not true!!!!!!! You can right away file divorce based on 6 months of irreconcilable differences!!! I cant stress this enough!! Please just google it! I have seen this misinformation about NY in this forum many times. 
yes there is a one year legal separation option in NY and it mostly have to do with those that don’t want to stop health insurance and other marital benefits but that is a different story.

OP go to the NY.gov site about divorce and you will see it for yourself.

you can file a no fault divorce right away..!

 

[JeanneAdil 6,203]

52 minutes ago, Fecalith said:

Please people! Stop spreading misinformation that NY needs a pne year of legal separation to start divorce proceedings! This is not true!!!!!!! You can right away file divorce based on 6 months of irreconcilable differences!!! I cant stress this enough!! Please just google it! I have seen this misinformation about NY in this forum many times. 
yes there is a one year legal separation option in NY and it mostly have to do with those that don’t want to stop health insurance and other marital benefits but that is a different story.

OP go to the NY.gov site about divorce and you will see it for yourself.

you can file a no fault divorce right away..!

What about living apart and separations?

Living apart, without a formal written agreement of separation or a court judgment of separation, is not recognized as a ground for a New York State divorce, no matter how long you continue to live separately.

Regarding separations, there are only two valid ways to dissolve a marriage. Each requires separation of one or more years. The law requires that you and your spouse live apart either under a written contract of separation or under a court judgment of separation and the spouse seeking the divorce must have substantially complied with the terms of the agreement or judgment.

 

she is filing saying separated

 

the above is from the NY bar

 

https://nysba.org/legalease-divorce-and-separation/#:~:text=Each requires separation of one,of the agreement or judgment.

[Rocio0010 5,565]

16 hours ago, Ketsuban said:

You can re-file after a denial but you do put yourself at risk of being deportable in between the denial and their acceptance of the new I-751. 

Yet she’d be low priority for deportation as long as she stays “out of the radar”. 

 

15 hours ago, zeroshucksgiven said:

why already now USCIS information about a divorce which hasn’t been even filed yet, despite a separation agreement? 

Because there is a chance that they’ll get approved without an interview, and you don’t want them to approve a joint petition when you’re no longer together. 

 

2 hours ago, Fecalith said:

Please people! Stop spreading misinformation that NY needs a pne year of legal separation to start divorce proceedings! This is not true!!!!!!! You can right away file divorce based on 6 months of irreconcilable differences!!! I cant stress this enough!! Please just google it! I have seen this misinformation about NY in this forum many times. 
yes there is a one year legal separation option in NY and it mostly have to do with those that don’t want to stop health insurance and other marital benefits but that is a different story.

OP go to the NY.gov site about divorce and you will see it for yourself.

you can file a no fault divorce right away..!

 

Good call