came to the states in 1996 on b2 tourist visa I met my wife in 1997 my wife wasn't a usa citizen at that time she had a green card she give birh to my son in 1999 and we got married in 2000 our marriage life fell apart after I find out she cheat on me. we got separated in 2001,, she took my son and went to live with this guy I was all broken up after about a year I got a call from the police telling me to come to pick up my son because my wife got arrested apparently she had a fight with this guy and she broke some stuff in is house and he called the police on her all that happened in 2002 a day after she got arrested she call me from jail and ask me to post a bail for her and that's what I did she got released and she beg me for my forgiveness I forgive her and she moved to my house after year we been together I decided I don't have any love for her and ask her to get separated we got separated and she moved to west coast ( I live in the east coast) she got her citizenship in the end of 2004 we always stayed good friends and we never got divorce she offer me to help me to get my green card.. I fly to the west coast almost every two month to visit my kid so I been there last year she fill up the papers for me and 2 days ago I got my interview to June 14th... we had allot of problems in our married life she is very hard person to deal with.. and now she stub me in my back she saying she wont show up to this interview with me and she wants to get divorce!!! I don't know what to do next should I go to this interview by my self should I cancel this interview I don't want to leave the state I love my kid so much I also find out that she met somebody and she is planning to get married with him that's why she wants the divorce any advice will be appreciated

You are in a terrible position here. You don't get any consideration for being the father of a US citizen and it sounds like you're not going to get any help from your wife. I would definitely not go to the interview alone and try to get sympathy with your story. The USCIS really doesn't care about your personal situation.
As I understand it your only chance is if the new immigration bill passes the house.
Maybe somebody else knows something that I don't but I don't think you can stay legally without the support of your wife. I hope I am wrong.

thanks for replaying but I am thinking about i360 form my wife keep using my child against me all the time that she wont come with me to the interview if i wont give her money and she keep telling me that I cant see my kid never again

I am not sure if you can apply for a green card by yourself now
proving the marriage was entered in a bona fide reason...
I know you can do that after the successful interview...

I am not sure if you can apply for a green card by yourself now
proving the marriage was entered in a bona fide reason...
I know you can do that after the successful interview...

ok well she cheated on you in the first place, and later on you stated you were just good friends with her and she offered to "help" you get a green card and you only saw her every couple months... of course she was going to try to make problems with you... I dont think there's much that can help you now with the interview and all because she will not cooperate... but please be reminded that since you were just friends and not really married you were doing it for the green card, that is immigration fraud and is not taken lightly in these forums.

our marriage was BONA FIDE we was married for real we also have child together the reason we got separated is because she kept abusing me because she was legal and I was not she had this power over me all the time I could not take it any more so we got separated and now she using my son against me... I spoke to a lawyer and he told me I should do the i360 form I have allot of recorded conversations that she threaten me that if I wont give up my parental rights she wont come with me to the interview

regardless whether the relationship was bona fide in the beginning doesnt matter because you divorced right away and still tried to apply for green card benefits later as being just friends. did you report any of the abuse?

we are not divorced yet we allready married for 6 years she dosent even want to get divorce from me

you're right, you did say separated... but i'm wondering, if she wants to destroy you by not going to the interview, why would she not want to get a divorce?

the reason that she dont want to come to the interview is becouse she feels she have power over me when she is a citizen and i am not she told me that she will postpond the interview and if i will behave she will come with me thats the reason i am thinking about i360 form (abusive suppouse)

June 14th was last week! Did you attend or did you mean July 14th?

Apparently you are an illegal also....good thing you didnt go to the interview...probaly would have taken you into custody for trying to scam the US with a sham marriage.

What you need is a lawyer...get a divorce, and decide what you are going to do with your child.

I think he meant that he got the interview letter on the 14th.

sorry i meant july 14th

sham marriage, immigration fraud.

The marriage may have been entered legitimately, but living on separate coasts 'as friends' is not a marriage.

No green card, no marriage, no right to stay.

LisaD,

A "sham" marriage is a marriage entered into for the principal purpose of evading immigration laws and that constitutes immigration fraud. There is a vast difference between a "sham" marriage and a bona fide marriage that is not sustaining. In my opinion, fraud is not at work here, although the OP's chances of adjustment are limited to say the least.

The poor guy just wants a little advice about what to do. I certainly wouldn't want to leave my kids behind either.

just for the records we are not divorced we always tried to work things between us when she moved to west coast 6 month ago we still been together the reason I want her to move to west coast is because she used to abuse me because she was a citizen and I wasent every small thing I used to do and she didn't like it she told me that she will have me deported I been married for 6 years she abuse me all those years I could not do anything because I was scared now my lawyer told me i should feel up i360 form i think thats what i will do

Good luck in your situation. I can't offer any advice except to trust your attorney. Good luck in getting your son, if that is one of your goals. Maybe you can talk to her to see if she would change her mind about going to the interview.
John

Best make up your mind if you've been 'abused' or not.

Get a lawyer---this is not something people here can advise you on.

whatever advice people might give you here is up to you to get a GOOD immigration lawyer, You enter the marriage with Good faith as such you have fullfill the obligation of the sponsorship for the green card from your wife, the fact that she went to Jail, all of these informations are documented somewhere and can be presented to your lawyer, not trying to sound mean, maybe she was using the immigration factor as a payback. What i would say is to be honest, the true and the fact of the matter is you are not together as a couple so you can not present yourself to uscis as a couple that would be fraud and can create lot of trouble for you. Good luck findind a good lawyer for your case