Hi,

I have found myself in a bad situation..... I am married with a baby of 10 month... I got my Conditional GC in Feb 08..... Now my wife has filed for divorce and Full costody of our baby which i didn't have much power over so really i had to sign the divorce papers seeing as she could have got them done anyway (Kentucly has a No Fault Divorce). I have nothing left but 2 suitcases, she has everything which i didn't mind giving her anyway because of her having the baby and everything.... at the time i didn't get my Employment Card for months before my GC and couldn't work... There wasn't much work where i was in Kentucky anyway and i think it put huge stress on our marriage. I never wanted the divorce but it seemed like i could do nothing about it. Now i've moved to Chicago with a friend to find work and send money back for my baby. we still talk and are on good grounds with each other.

My question is how would this effect my GC situation? of course i don't want to go home (England) i want to stay and be able to see my baby when i want to (Which she has agreed to) and also pay for my Baby....... I still want to be in her life.

Whats my Options and is it still possible for me to stay in the country..... It's hard to leave to Chicago and not see my baby.... let alone England!

Advice would be Greatful.........

Did you get divorced before or after your Conditional Greencard was approved? If it was after, then you can file to remove conditions on your residency youself....the burden of proof shifts a little is all. You're not proving an ongoing marriage, you're proving that while it lasted, your marriage was legit.

Good luck,
-P

Correct, also you do not have to wait until within 90 days of card expiration to file the I-751, you can do it as soon as your divorce is final and you have divorce decree.
http://www.murthy.com/news/n_remcon.html

Also since you indicate you moved, do not forget to report this to USCIS by filing AR-11.

My Marriage Failed on the 18th of april 2008 and she filed the divorce papers on the 21st April 2008....... I was already approved for my GC on 4th Feb 2008

It's Annoying because i never even wanted the divorce which i guess i can get evidence from her to say it wasn't me who wanted the divorce. Thats the problem about Kentucky.... Every Divorce is a No fault divorce..... She still wants me in the baby's life and we still have good relations but mainly because of the baby.

Would I have to wait intill 90 days before my GC expires before filling anymore papers? obviously i still have to file the AR-11 for the change of address.... but the reason i ask this is because it doesn't run out till 04 Feb 2010.... that seems a long time to go.....

What examples of evidence can i use to show it wasn't a fake marriage.... Like having a baby and her wanting a divorce is not enough? what else could i use... I have pictures from over 2 years of our marriage..... I have bank accounts statements.... which of course she has now closed... but either way i have them..

Any ideas? Thanks

As I stated earlier you can file I-751 as soon as you have final divorce papers, you DO NOT need to wait until green-card expiration.

The list of things you are indicating are a very good start.

You will be interviewed, and probably will be able to convince USCIS that marriage was bona fide.

You may want to read form I-751 directions and section about joint filing waiver.

How is it that she gained full custody of the child? You should work with her right now, while she is still amenable, to get copies of important documents that you need to remove conditions on your PR. Tax returns? Insurance policies?

Marriage failed on April 18th, divorce petition filed on April 21st. Wow...she didn't lose any time did she? Are you sure she'll cooperate?

Yep took 3 days to make up her mind she wanted a Divorce trust me I am confused too.... but I also think she was in the start of another relationship... but not 100%.

She got Full custody with me having Visitation Rights...... She has full custody because how can I even think about having my baby without Money, Job, place to stay etc..... I was in a corner and she knew it..... it's a shame it ended this way but I just got to look forward and think about my little girl.

I would think having a child together is pretty good evidence of a bona-fide marriage. As suggested above, I would get copies of any documents showing you lived in the same house, shared bills, joint bank accounts, a copy of your child's birth certificate, etc. I'm sure this is not an easy situation but I would gather whatever you can while your wife is still being cooperative...you never know if you will lose that cooperation. File for removal of conditions as soon as your divorce is final.

Well I have all the required documents already in a folder...... I am sure i can get her to sign something to say it wasn't all my fault seeing as she wanted the divorce anyway..... Having a baby to me is a great reason... but will immigration see it that way ? As long as i pay for my baby and visit then i guess that will look better then not..... Which i'm planning on seeing her as much as i can anyway....

Just a point: whose fault the divorce was isn't quite the issue. The issue is whether you entered the marriage in good faith, not who was ultimately responsible for it breaking up. And if you can show that you had lived together, had a kid together, mingled assets & property (just like you would normally), that will suffice. It will be also good if she says that she initiated it, but if all you have is a no-fault divorce decree, and all the previous paperwork I mentioned, you'll be okay.

Ok so if I was to produce all this information and I was approved then what would I get? a Unconditional 10 year GC?

YES and you could file for citizenship at 5 years of LPR status Feb 2013

Isn't there a 60 day mandatory separation period in Kansas between filing the petition and getting divorced? I just have a feeling we're not hearing the whole story. The only way your ex got a divorce in 3 days flat was to file for an emergency divorce.
Who is the "friend" that you moved to Chicago with? A girlfriend perhaps?

Having a child doesn't imply you have a bona fide marriage, it implies you had sex at least once You've moved 12 hours away from your child... what does your visitation schedule look like? I think those are things they will look at if you go in for an interview.

(PS... It's quicker to fly from the UK to Kansas then it is to drive from Chicago to Kansas!)

I'm sorry, I was thinking Kansas instead of Kentucky, either way, there is a 60 day separation period in Kentucky too... I still don't understand how your wife was able to get divorced in 3 days..

I hope your situation works out... but if it's your case to say that you want to be there for your baby... I don't see how moving 6 hours away helps her just my opinion...

If you have email correspondence detailing your relationship (failure of marriage due to irreconcilable differences) and that she acknowledges the relationship was genuine but she fell out of love with you, it is possible you can retain your Permanent Residency without her.

Along with having a baby, joint paying of bills, etc...also goes to proof of relationship

Well I never actually got divorce in 3 days.... But we filed in 3 days..... The Divorce isn't actually final intill atleast 2 and a half months. longest 3 months. As for me moving to Chicago..... I couldn't find a job in 5 month from getting my work permit how do you think I will find one there now? Where I lived in Kentucky there was nothing.. population of about 11,000 people.... I had nowhere to live, no money, no job. My GUY friend in Chicago has an apartment I have known him for 14 years we went to college in England together. It was either that or going back to England, and I never drove to Chicago I got a plane....... seeing as she has 2 cars in her name.

Maybe there is more to the story and I wish I knew it.......