HELP! Can I divorce with i-751 processing in system for 8 months

[Division1984 6]

Hello all,

 

I’m in real need of help and I’m hoping some kind people here can give me a little direction. I’ll try and keep this short and to the point.

 

I’m from Germany and met my now wife over there. She is a U.S. citizen. We married in Germany and we petitioned on a CR1 spouse to be here, in lovely California. We moved a few years back and all was fine for around 18 months. Unfortunately, our marriage was suffering and she became pregnant at almost the same time our marriage was over.

Obviously, we both didn’t want me deported at this time with a child on the way, and even though we were heading for a separation, it certainly didn’t quite feel it was a divorce situation as things were still being worked out in the emotional sense.

 

So we filed for the i751 back in July 2017, our son being less then 3 months old. I know technically this was probably a big no no. But we were amicable, we still filed taxes jointly, we have a beautiful boy, she is on my work beneficiary etc. On paper we are happily married. This is the biggest regret I have, because the fear of deportation while she was pregnant was so great on me that we both went along with it. I know I did wrong here people, I know this was a mistake, but please know at the time it was emotional and I did what I thought would allow me to see my child.  

 

He is now almost 9 months old now, but sadly it’s taken a turn for the worse and she is now denying me access to seeing him. I feel lost, because technically I can’t do anything as we are married still. I pay child support even though I know legally I don’t have to (but morally I do of course). Likewise, my i751 form is in the process and probably has another 8 or so months left to run on it. But I’m not sure I can last that long without seeing my child.

My question now is what impact would it have if I file for divorce AFTER the i751 is in the system. Likewise, California needs a minimum of 6 months to file for divorce, and yet I understand they may request evidence of the divorce decree within 90 days? Would it hit the reset button on my application? God forbid…. Would I get deported for this, even with a child between us?

 

I appreciate everyone’s thoughts here, but as you can see, I’m in a bit of a mess and being cut off from my child like this is like losing an arm. It’s so upsetting that I’m struggling to even type this without feeling upset. Any help would be appreciated.

 

Thank you

[caliliving 606]

do you have your greencard? 

[Division1984 6]

I have my 2 year conditional greencard on me. That has now expired and I’m currently on my extension letter of 12 months. This letters runs out in August.

 

Im waiting for my conditions to be removed for my 10 year greencard to come through. 

[OldBritAbroad 15]

Sorry to hear this; I think you’re stressing unnecessarily, though more experienced members will have more to offer.

 

See a lawyer re your access to your child; I’m pretty sure your ex cannot deny you access just on a personal whim. A judge will decide what’s in the best interest of the child and it’s good for you that you continue support, though it sounds like your relationship with your ex has taken a turn for the worse?

 

You don’t say so, but have you (either of you) filed for divorce? There is a pathway for that happening prior to or during ROC as far as USCIS is concerned. Just be upfront with them and don’t try to hide anything. They’ll have seen all this many times before.

 

Good luck to you 

 

[caliliving 606]

you are going to be FINE and not deported bc you have a greencard!!!

are you currently divorced?

 

you applied for your ROC and you were still together at the time? and you are still together now?

 

 

[caliliving 606]

14 minutes ago, Division1984 said:

I have my 2 year conditional greencard on me. That has now expired and I’m currently on my extension letter of 12 months. This letters runs out in August.

 

Im waiting for my conditions to be removed for my 10 year greencard to come through. 

you can keep getting extensions as you have a greencard. basically, the ROC wants to make sure you entered the marriage in good faith.

 

you can file for ROC two ways
1-with your wife

2-with a divorce waiver..

 

people file ALL THE TIME with divorce waivers and get approved.

 

but, you already applied and you are waiting. so did you divorce after you sent off your paperowkr for ROC? or have you not divorced yet??

[Division1984 6]

Just to add some clarity, I am not divorced no. We are still married on paper. 

 

We applied or ROC as a married couple. However, now that the circumstances are that I no longer have access to my child, she is saying by going to court would will ruin my application as we filed so long ago, and therefore i'd be deported? Hence why I'm so nervous about applying for a divorce now.... but I honestly feel I have no choice if I want to see my child?

 

THANK YOU to everyone who has replied by the way! 

[Division1984 6]

Thank you for your response. 

 

Just be clear here though, I have already filed for ROC. This isn't a case of getting a divorce and THEN filing.... I filed 8 months ago. Hence my fear of changing it all now and applying for a divorce. 

19 hours ago, caliliving said:

you can keep getting extensions as you have a greencard. basically, the ROC wants to make sure you entered the marriage in good faith.

 

you can file for ROC two ways
1-with your wife

2-with a divorce waiver..

 

people file ALL THE TIME with divorce waivers and get approved.

 

but, you already applied and you are waiting. so did you divorce after you sent off your paperowkr for ROC? or have you not divorced yet??

 

[Ryan H 3,797]

Moved from IR-1/CR-1 Progress Reports to Effects of Major Family Changes on Immigration Benefits forum.

[Villanelle 4,121]

Your first post explained the situation well. Im not sure why all the questions. Perhaps people misread your posting?

 

Anyway- no one can say how much longer you will have to wait for your joint ROC to be processed. It can be as soon as next week or up to another year. You shouldnt put your life on hold for USCIS.

 

So right now you have a joint ROC pending. You do know that there can be an interview correct? If so you and your wife have to both attend. Due to her change in attitude about the child visitation are you sure she will attend a joint interview with you. And that she wont say anything to sabotage you in it? Because the answer to those questions are "I dont know or Im not sure" you need to change from a joint petition to a divorce waiver one.

 

This is a very simple process. People do it everyday. It does NOT put you at the back of the line. So you need to first contact USCIS and explain your marriage situation has changed and you are now separated and will be switching to a divorce waiver, and go down and file for divorce. Custody and child support will be addressed in the divorce as well as visitation. Once you get the divorce decree send it in to USCIS.  You will then either be approved with out interview or selected for an interview where only you will be required to attend.

 

If you have additional questions feel free to post them. Also read through previous threads about how to switch from a joint ROC to a divorce waiver in this subforum.