El Mendoza
Jul 18, 2023
Filing for divorce while waiting for ROC approval
Hello. Has anyone encounter filing for divorce while ROC is currently in process? Will the divorce affect the ROC approval and timeline? If so, is there a certain process that needs to be considered? Thank you very much for any insights you may have. đŸ™đŸŒ
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Erika CoradoJul 18, 2023
you may prepare for vawa if the other person decide to not continue the process and notify uscis get a lawyer and be prepare
Rocco FortéJul 18, 2023
@Elvie Mendoza Look at my story. I went through the same and got approved.
Rocco FortéJul 18, 2023
@Erika Corado This is poor advice. Vawa isn’t applicable here especially being an I-751.
El MendozaJul 18, 2023
@Rocco FortĂ© OMG! thank you so much for your response. I’ve been looking for the same case as mine to know more about how things would work. Did you have to use a lawyer to process everything?
Rocco FortéJul 19, 2023
@El Mendoza No I did not. I did everything myself. Don’t be afraid, your case is very approvable.
El MendozaJul 19, 2023
@Rocco FortĂ© I really appreciate your time responding and your encouraging words! Thank you so much! I read your story and I noticed you only notify the USCIS regarding changing your case when you receive the divorce decree, did I understand that correctly? Shouldn’t I inform the USCIS that the divorce has been filed, but rather once I have the divorce decree?
Rocco FortéJul 19, 2023
@El Mendoza So I will say this, if your case is on the verge of getting adjudicated then you should notify them immediately you file for divorce. However, if there are still like a lot of time before you gets adjudicated then you can get you divorce finalized, get your decree and then inform them.
El MendozaJul 19, 2023
@Rocco FortĂ© That’s the thing I’m unsure of because my ROC has been in process for 11 months now, and the extension they gave me is for 48 months. So I’m thinking it will take more time for my case to be adjudicated.
Rocco FortéJul 19, 2023
@El Mendoza If you tell me the service center where your case is, I will be able to tell you which month they are processing. Also your date of filing
El MendozaJul 19, 2023
@Rocco FortĂ© absolutely! i’m at California service center. My date of filing was 8/4/2022. Thank you so much!
Rocco FortéJul 19, 2023
@El Mendoza ok they are working on cases between December 2021 and January of 2022 so there is still a lot of time before you hear something. How long does it take to start and finalize a divorce in your state?
El MendozaJul 19, 2023
@Rocco Forté Wow! Thank you so much! I actually have no idea on the timeline of the divorce in California but I will check.
Rocco FortéJul 19, 2023
@El Mendoza Yea the key is to get that divorce done before your case is approved. If you can fast track it, please do
El MendozaJul 19, 2023
@Rocco FortĂ© based on the California.gov website, it takes at least 6 months. đŸ„ș
Rocco FortéJul 19, 2023
@El Mendoza Ok are you separated already?
El MendozaJul 19, 2023
Physically separated, yes, but not legally since 12/2022.
Rocco FortéJul 19, 2023
@El Mendoza I don’t think you need a legal separation agreement in California so you can file for divorce now and get it finalized within a month if your spouse cooperates
El MendozaJul 19, 2023
@Rocco Forté thank you so much for your insights!
Rocco FortéJul 19, 2023
@El Mendoza Dont forget to use a good divorce lawyer to get it wrapped up quickly then contact me for how to put together your amendment request.
El MendozaJul 19, 2023
@Rocco Forté Thank you very much. I will definitely get back to you. I hope all things work out.
El MendozaJul 19, 2023
@Rocco Forté Did you use a divorce lawyer too?
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Erika CoradoJul 19, 2023
@Rocco FortĂ© every case is different we don’t know if the other person will acuses of fraud and she can’t get the GC there is plants of question better advice is get a lawyer
Rocco FortéJul 19, 2023
@El Mendoza Everything will be fine. Yes I used a divorce lawyer who fast tracked everything,
Rocco FortéJul 19, 2023
@Erika Corado You advice was wrong in this regard.
Rocco FortéJul 19, 2023
@El Mendoza I forgot to ask, did you update your address with USCIS after you moved out?
El MendozaJul 19, 2023
@Rocco FortĂ© I did not. I haven’t updated any of my identifications’ addresses.
Rocco FortéJul 19, 2023
@El Mendoza Ok that is a problem. You are required by law to update your address within 10 days of moving as a resident. Please file an AR-11 immediately, if not they will say you were tryna play smart by pretending you still live with your spouse
El MendozaJul 20, 2023
@Rocco FortĂ© that’s actually one of my problems. I haven’t officially moved out. 😔
Rocco FortéJul 20, 2023
@El Mendoza Ok what does that mean? You live two places?
El MendozaJul 20, 2023
@Rocco FortĂ© It’s very complicated. I stay at my friends’ house for couple of days a week and go back to my real place every now and then. Like I never packed my things yet. I still pay rent and all the bills with my ex. Very complex.
Rocco FortéJul 20, 2023
@El Mendoza Alright I understand. However from an immigration standpoint, you will need to be very decisive because anything can happen. You always wanna be seen by USCIS as being straightforward and not sneaky.

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