DIVORCE PLUS FALLING BEHIND ON CHILD SUPPORT

[Gizzy666 1]

Don't quote me on this!

I heard about a dude who was returning to his home country with one way ticket.

Well, CBP turned him around. They basically stopped him from leaving the country because he owed child support.

I heard this on a diaspora radio here in the U.S.

I don't know how true it is but don't try to run away from your responsibility. You initiated the the divorce and you should have looked into this. Not saying that you should stay in a bad situation but you don't make a decision without exploring the consequences and act surprised.

Talk to a lawyer.

Try a pro bono lawyer

I honestly totally believe that. Believe me i am not planning to leave the country, Only way that will happen is if the USCIS deny my ROC and decide to deport me

[IcezMan_IcezLady 582]

Your child support case will not affect your ROC.

I have the following suggestions:

1. IS it possible to find a second job?.

2. Can you move to a state with low standard of living?..example Texas

You can live in a place where your expenses will be lower than NJ. Since nothing can be done to your child support order at the moment, try and to find ways to cut down on your expenses until you can afford it.

[Will_and_Tu 46]

You own child support, she has her obligations under the I 864.

Strikes me as odd that her obligations to you can not be taken into account.

My thinking, too. The courts say you are financially responsible for your child in the form of child support.

But the 864 says that your sponsor is financially responsible for you (to a degree). I think this is a lever you need to be pulling on.

[Villanelle 4,121]

Honestly, I won't last a year at the rate they are taking money. She has no legitimate income she works cash in hand for her mother under the table below state minimum wage which she admitted in the court even admitted that she did not declare it on the tax returns and the judge did not care at all.

Yes i got my 2 year GC moved out after 4 months and then filed a joint ROC in October.

I have had biometrics done just waiting for them to either send a RFE or the interview appointment now - biometrics were done in october. and i beleive it will be before i am divorced as according to my soon to be ex wife we should have a court date by the end of this month early next month, My soon to be ex wife is using a lawyer for the divorce, i am not i cannot afford one and i do not qualify for pro bonos, i have no idea why she is using one..... She can't get anything out of me, i do not have any assets, i dont own my own home, i have no savings or valuables... i can seriously fit my whole life into my 3-series

Do you need any more info?

Hmm I dont know exactly what was said in court or how her "income" from her mother was presented or why the judge didnt count it. Honestly if it was a small amount under min wage then it really only would take a few bucks off your obligation anyway. The major issue is the fact that they are figuring your percentage based on your previous salary and there is little you can do about that. Like others have stated, you can move to an area where there is a lower cost of living and do the best you can. Keep asking for it to be lowered and eventually it will be if you keep showing your income is truly lower. Its either that or secure additional employment (several part time jobs) to make the payments. However this is a double edged sword because it will keep you current but not help you in making a case that you can not afford to be at that level of support. Its a tough situation.

For your ROC. You didnt technically do anything wrong by filing a joint application with your spouse. Whats going to happen now based on what you wrote(that you sent in the packet and stated that you are separated and considering divorce) is that well basically they got your packet and your biometrics notice goes out automatically. When someone actually looks at your file- like a real life person- they will see your note and send you an RFE that will be somewhat intimidating and wordy. Its basically going to strongly suggest that you switch to a divorce waiver and demand the divorce decree.

See as long as you are still married - even if you are separated or have a divorce pending, you can file jointly if your spouse is willing to participate. They can not make you use the divorce waiver option and file alone. Many separated couples use the waiver option to file alone because if you are separated you typically do not have a good relationship and do not want your soon to be ex involved in your immigration proceedings.

So you are going to get an RFE asking for you to switch to the divorce option. This does not cost you money. But they will want your divorce decree included in the response. I do not know if you are going to have it to send. Like I said, a divorce takes time. There are several hearings. You need a separation agreement. It needs to be reviewed and approved. Sometimes when children are involved there are parenting classes that need to be taken. Sometimes there are mandatory waiting periods. You seem to think you are going to go to this first hearing and walk out with one and you will most likely not. You should look up your counties website for divorce information about the general process for some information.

When you get the RFE you can post back on here for help on how to respond if you havent been able to obtain any legal assistance, but basically if you dont have the final decree you would let them know that. Almost definitely you are going to get an interview. Four months of marriage after the GC was received before separating does not "look" that good for you. You also do not seem to have that much evidence of the marriage. You need to gather more evidence if you want to be approved. when you go to the interview you will need to have the final decree to be approved. If you dont have it still you can get more time through immigration court, however if you are lacking bonafide proof of marriage then the decree wont matter much because with out that you wont be approved.

Look up immigration assistance clinics or pro bono immigration attnys. legal aid for immigrants. You need to get legal assistance for both your immigration issue and your divorce issue Im afraid. There is only so much we can do for you here. You really need someone who can review the specific details of your life and financials and piece together a case out of the little bits you do have to give you the best possible shot.

[TBoneTX 43,059]

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