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Just because you are divorcing does not msan she will be denied a GC. I know of people who did get theirs even with a divorce

Yeah. I would feel burned if she got it, but as long as she doesn't come stalking me then glad I could help I guess.

Vanessa&Tony, and everyone else, thank you so much for helping me out. It is confusing figuring out this process, especially when her communications with the govt aren't shared with me or she twists the information. Glad to hear she won't get banned for 3/10yrs or whatever she said it would be.

It's her GC, so if you are divorcing, I would let her worry about it.

It is how I feel too, but whether or not she gets a GC I wouldn't want her barred from re-entry, either. She brought that up to me as a possible outcome if I didn't go to the final interview/file the joint I-751 petition with her, which didn't sound right to me, but she tends to exaggerate & manipulate to get her way (part of why we are separated). So thank you for helping me to clear this up.

The applicant will get a set amount of time to leave, than they can apply separately for a tourist visa if that is their wish. There is no automatic reversion. Are you from a VWP country? Why do you thing the norm is a visitor status? Usually foreign nationals have no status in the US at all.

As to bad mark, depends on the reason for denial. Denial due to fraud, then yes, bad mark.

Okay. Yes she's from Australia so a VWP country, that's right I forgot about that. So if we divorce & she loses all interest in the GC, and doesn't file for ROC, she'll get in trouble? They'll just assume fraud, instead of just her lost interest in the GC that was only sought after in the first place to make a life w/ her husband, who is now gone? She is already home in Australia, I assume it is 100% certain she'll have an in-person interview in the States so will have to return for that? You cannot file thru the mail & await the decision overseas?

ROC must be filed in a timely manner and if the divorce decree is not available, USCIS will issue an RFE until the decree can be given. There is no excuse for not filing.

Aha. Thank you very much.

So, if the GC is denied will the applicant be reverted to a visitor/tourist if they want to come back, or will it be some sort of bad mark on their record?

Belinda yes that is correct. Thank you for helping me out here.

Are you asking about someone had a 2 year green card, DIDN'T file for ROC in a timely manner and when they did the filing is denied

Right. I am hearing that the ROC cannot be applied for until the divorce is totally final, is that true? So if she does not apply in time (waiting for divorce paperwork to finalize), they will punish her with a deportation & ban?

What if she has already been out of the country the past 3 months?

Regardless of whether or not an applicant is successful in the ROC app, will a denial of a GC mean deportation AND a 3/10 year bar on re-entry? Isn't that ban for illegal aliens who were here unlawfully? Wouldn't the applicant simply revert to a foreign national with visitors/tourist visa rights again? I can't imagine her being BANNED simply b/c we got divorced and couldn't get the GC finalized...