So I know my card wont expire for almost another year. But i was looking at the i-751 application and had a lot of questions.

My husband and I were happily married and had already had a child before I applied for my green card. Everything was going fine until he slipped and decided to cheat on me. I left him for a month and then he plead and begged me to come back and I did. I tried to work on the relationship but he started playing this games. Saying that he didnt love me, and the only reason he married me was because he felt sorry for our son (which he only said that everytime i would bring the subject of marriage counseling up). He is very selfish and my condition to moving back after the cheaing incident was that we should go to marriage counseling. (he agreed)

Then his family started getting in his head, saying that I used him to get my papers. That that was the only reason I was with him and got pregnant....and the whole nine yards. I have known him for a loing time and dated back when i was in high school for a couple of month and then we broke up and 3 years later we got back together, had a baby and nice beautiful wedding (my parents paid for it all) and then he threw everything away by cheating. So NOW according to him and his family I USED him.

So needless to say I had it, with the threats of him taking my son away from me and saying he was calling immigration to tell them i used him. (of course he would apologize later saying he didnt mean it, it was out of anger). My son and I moved out to our place, we share custody of our son. Have not filed for legal separation or child support becuae his family told him to tell me, if i screw him over (money wise) they will make sure he will screw me over (those were their exact words).

I dont have any feelings on going back. Since I've been on my own with my son. I have no stress. So there is no chance of reconciliation.

Loooking at the form i-751 there is plenty of choices to check as for what happened after the marriage. Do i be honest and tell them the truth or do I act like nohthing has happened and file like a normal marriage. In alll reality when he is around his family he is somebody else but when he has spoken to me about the final step (form i-751) he said he won't do anything to affect our son. and that he will fill it up like normal and no more threats, have been made since he is a FREE from his responsibilities. (me and his son)

Please I need advice in what to do in this situation?

I am not sure what you should do - I hope that some other members have better insight, but I just wanted to say God be with you and I'm sorry that you're going through all of this! I hope that it works out in the best way for you and your son! He's sooo handsome!!!

thank you. I'm trying to do the right now, but without backfireing myself...does that make sense? Thank you for your comment aobut my son. He is what keeps me going every day

Do a search for postings here - it seems that unless you do get your divorce decree and can file on your own - your only option is to file jointly but then he would need to go with you to the interview (if you are interviewed). Good Luck

You would like to go to britishexpats.com and check out several cases where people have been able to file with the divorce waiver. Is practically the same as if you file jointly only that you are divorced.

Prologue: GET NOW all the paperwork related to your marriage, marriage certificate, id cards, old copies of whatever of your i-485 interview that you used...wills, bills, assets paperwork, leases, mortgages, car payments, ALL THAT YOU CAN, NOW! That is your evidence, and you must gather it now before it "desappear" or something happen to it. Got it?

Step one: You MUST get your marriage decree unless you can proof that you are a bathered spouse. If not, then you need to be divorce FIRST. Legal separation is not even recognized in many states and USCIS does not recognized it, you must be divorce, period. Check with a family law attorney the lenght and what you need to do, to safe time and money make a list of your questions and doubts that you want to ask to the lawyer. Unfortunatly with his attitude and family you better be prepare to a long battle. Get a lawyer and try to get a strategy set up. But you need to get divorce...if you already made up your mind. Is NOT an easy step and you will have ups and downs, get a good friend around, sorry about your situation, is hard...the most important part is to stay FOCUS in what you want and your child.

Step two: Once you get the divorce, get all the bills, assets paperwork, everything, joint tax returns, pictures, if you have a good friend that know each other and wants to do an affidavit does not matter that includes that they know that you two are separated, important part is that you two married in good faith. If you have proof of his cheating, then get that too!!! If you remember where you went ot marriage counseling...get a letter from the counselor that states that you did go through marriage counseling to show that you did things to save your marriage.

Step three: Avoid confrontations with your spouse. Really. Is not healthy, does not matter who is right or wrong...is common the "you married for papers" attitude. Get focus in what you need and where you want to be. Don't get in arguments with his family you know that you did not marry him for the papers, so don't even give them more wood to put fire on. Got it?

Step four: Once you get your divorce decree in hand and all the evidence together INCLUDING YOUR CHILD BIRTH CERTIFICATE!!, then file your I-751, make a note very legal-explain oriented (if you pay for an immigration lawyer one hour you can go through that letter and they can help you to redacted it) why you are filing under the divorce waiver and what your file contains.

Paid your fees, signed and if your divorce decree talks about changed your name, if I am not wrong you can include your name change on the i-751 forms.

There are few to not say almost non existant family law PLUS immigration attorneys, so you should be looking fees for family law and for immigration. You anyway can file your I-751 by yourself if there are no major complications. Save money.

Something very important, and is not necessarily immigration related. If you are filing for divorce and he will contest and fight every single thing, be sure what is really more important, the house, the furniture? or your kid and freedom and be able to move on? Sometimes a material lose is an emotional and financial winning.

Good luck!!!