Gizzy666

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

"Would it be worth waiting for the interview or just leave the country before they deny my application and deport me?"

Seems your child doesnt mean nothing for you if you aren't worry to stay where the baby live.

I was waiting for someone to use my choice of words against me for that one.

I was asking that question very loosely. It has nothing to do with how much i care for my child. What i was asking with that question is Does it look more likely that i will be deported? and if that is the case should i leave befor ei get detained and have to go through the removal proceedings. I would rather book my own flight than have to wait around in a detention facility while the organize my deportation. I am choosing personal comfort in this one. Nothing to do with my son.

Thanks

You may or may not get ROC interview.

i fully expect a RFE or ROC interview or both even i wouldnt be surprised with.

What i plan to do at the interview is lay it all out to the officer so they know how long i was together with the soon to be ex wife before we seperated from one another and all the blanks in between.

Honesty is the best policy and i will not lie to a USCIS officer

then you guys lied to USCIS because you weren't living together.

We did not really lie to be honest, We included wirtten statements from both of us that we have been living seperate, and that we have considered divorcing. It is now that we have actually initiated the divorce.

So the USCIS are aware of this, They have not said anything yet, They sent me a receipt, Then my biometrics appointment which i did, and now im just playing the waiting game.

What do you think will happen next?

She told me to do it honestly, As we planned on remaining married until this was all processed and divorce after so i could stay here for me kid, she just made me so mad one week i said screw it and filed divorce.

Gizzy-

You are in the lovely state of NEW JERSEY... I think a lot of the posters on here arent realizing the implications of that. Being a former resident I can tell you NJ operates on a completely different set of rules then the rest of the country. It has several lovely nicknames including the armpit of the US lol.

So you want some insight? Im going to give it to you- free of charge.

In NJ child support is calculated based on both parents earnings. They also have a clause about being unemployed or underemployed. Basically this means you cant pull the whole screw your babies momma by quitting your decent office job and taking on a part time job at McDonalds and living off your new girlfriend or parents or working under the table- and cry to the court, well I use to earn 50k but now Im at Micky Ds and I only earn 15k- so baby momma only gets 200 bucks a month cause thats all I earn sorry... Yeah- sorry to you bud. You are underemployed. Child support order stands at your old salary cause thats what you should be earning. Come back in a year or two and show that that is in fact what you can and are actually able to earn now and not some kind of scam and we will change it. But it will be changed in the future and never ever back dated...

Your only chance to get it lowered is to show MORE income on her side. IF you are paying her money or she has other UNDOCUMENTED income coming in- you need to have it documented so that the figures are recalculated. Thats about all you can do. If you have questions about this - feel free to ask and I can expand on it...

----

Anyway about ROC...

You seem to be saying you got your 2yr GC and then moved out 4 months later correct? You then filed a JOINT ROC application with your wife- correct again?

You mention being in the middle of the divorce- or rather you have NOT EVEN HAD YOUR FIRST COURT DATE YET. It can take a while to get a final decree.

So when did you file the ROC papers? Do you even have an interview date? Because your post opens with I am going to have my divorce before my interview... Um what interview? Do you have an interview scheduled or you are just assuming you are going to get one and its going to be after you are divorced???

Seems like you have a lot of speculation going on cause you have no idea of whats happening. So before I go on explaining things that may or may not be applicable why dont you provide the proper info needed.... I would love to help you sort things

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?

You should look into this for health insurance for your child.

http://www.njfamilycare.org/income.aspx

Ill call them in the morning!

If i can take out a policy just for my child without me being on it then that would work!

But myself i cannot go on as it states - Adults who are legal permanent residents of the US must have had that status for at least five years in order to be eligible for NJ FamilyCare.

I think it would be in your best interest to try to find a pro-bono lawyer. Just because a tax return said you made 33k last year, if you get laid off, that is NOT your current income. And any kind of month to month payment that you make that is based off current income, should be based off CURRENT earnings. Not earnings from last year.

If there is a chance for information discovery, you need to show the courts that you disagree with the current child support in the decree/that's being offered, and that you need it lowered because you were laid off and only make X money now. Show them proof you don't make as much as you did. 40% of your income before bills and taxes is a lot of take out from any person.

While you were the one who initiated the divorce, you need to be involved in it. It seems like you're almost doing this to yourself, by agreeing to what is in the divorce decree. If you agree to too much and can't do it now, that is kind of your fault by not trying to fight back.

At the end of the day though. You need to focus on ROC proof, proof you married and it was legit. You don't have much and you may need more. I wouldn't worry about naturalizing and being behind on child support, if you can't prove you married in good faith, your problems of falling behind on CS and naturalization won't be top priority.

In this case, most people will say get a lawyer for the divorce, but you can't afford one. Talk to pro-bonos lawyers. I don't know what else you could do if you're agreeing to pay so much in CS when you can't.

Thank you for you're straight up talk. It is appriciated.

I have no idea by what you mean Pro-bono?

The child support was filed separately to the divorce, We have not even had our first court date for divorce yet.

The child support she initiated before i even filed for divorce

The judge said this is what you have to pay each month, I didnt think i had a choice as i said i make less than that now and again i was hit with you can reassess it after tax season next year.... I do think i was taken for a ride probably my fault going into this alone. That is the only proof i have which is what i listed. nothing more at all, Maybe a couple of photgraphs from our wedding but hat was it.

Honestly, Would you be leaning more towards saying im looking at a denial over an approval?

I agree.

OP: Where you involved at all in this divorce?

Curious because you say you're under the 20025 mark, which means at the MOST (20024) you would make at the most you're making 1668$ a month. Take off the 660$ for child support and insurance, you're at about 1000$ a month.

You're paying almost 40% of your monthly earnings, MOST places would consider that too much unless you agree'd to this.

Did the judge know that it is her responsibility to make sure you don't fall below that federal poverty line? Was anything having to do with your immigration brought up in divorce proceedings?

Did you waive your rights to the divorce? If you did that, they can generally put what ever they want in the decree within reason, WITHOUT asking you if it's reaosnable or not.

I was the one who filed fo rthe divorce, she is waiting for her lawyer to get back to her to set up a court date, I do not have a lawyer, io cannot afford one, and $660 is for health insurance only my child support is then $512 on top. I have no idea what i am doing when it comes to the court systems and i dont get free legal representation as on paper i earn too much even though i dont see it

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.

She does not work, She wouldnt be able to pay anything

Just out of curiosity, you say you're working all kinds of crazy, so why does your earnings now come out to less than what you were earning last year? Job change? Etc?

Generally if you had a job change, laid off, or something of that sort then the courts will hear why you can't afford anything. I know in Texas the MINIMUM child support is 255$ or 20% of your monthly earnings, the money can be altered depending on how much the parent makes, either more if they start making more, or to the minimum if they fall on hard times.

Not to delve too much into it, but how much do you actually make? I'm going to assume that you make under the 20,025 mark, but how much more below are you?

If you can't afford to ROC, then I wouldn't even worry about paying child support, as you won't even be able to stay legal enough to deal with that issue if you can't afford to save up to ROC.

If for some reason you do have the money for ROC, do you have proof the marriage was entered in good faith? Joint bills, joint bank accounts, joint rent, etc?

Yes that is correct, Last year i earned $33,225 However as of july this year that company liquidated and had to close its doors, i found a new job and started within 3 weeks luckly however i am now earning a little bit over $28,000, The child support just got court ordered last month and they say it has to be based upon last years earnings. So i am still above NJ's poverty level but i am being hit with $512 per month in child support, plus $660 a month for medical insurance for me and my son, and after the first $250 each year i am responsible for 60% of any bills that the insurance wont cover.

I do not have any more money to give to the USCIS as i am literally robbing peter to pay paul right now, The onyl proofs i have are joint cell phone, bank, car insurance and a life insurance policy, all have since been terminated since 2014, early 2015

You can convert the I-751 filed jointly to divorce waiver once the divorce is finalized and divorce decree issued.

I am more concerned that you are separated (moved out, not living together) shortly after receiving the 2 year green card.

What evidence of bona fide marriage did you submit with your I-751?

Does that cost extra? if so do you know how much?

We had joint cellphone bill, Medical coverage and a life insurance policy for myself which i have since cancelled.joint bank account, and finally we had joint car insurance - This was all joint until we seperated, I got approved in october and left late january so like 3 months total

We lived with her mother so had no house bills.

Nope, No joint sponsor as she was working and made enough at that time, She quit working once my son was born.

Your wife signed the I 864

She did yes, But she also does not work... Well she does, Cash i hand for her mother under the table at there family business.

Can i use the I-864 if i am still working?

How would i also use the I-864?

And if she is not working how could she even hold me above the poverty guideline which in NJ i believe it has to be 120% above putting you at $21,000

Thanks

That is the problem, I really cannot afford to re-file the paperwork to remove conditions on my own that's another $625 i can't even afford my child support, And it is not due to me living beyond my means, I even voluntarily surrendered my car back to the dealership so i could free up $300 per month, I don't go out anywhere i literally work 12 hour days then go hoe to bed.

I have read that if i fall behind on child support it shows i am not a person of good moral character and that is pretty much a denial, Plus that with seperating from my ex within 4 months of getting my 2 year card... It cannot look good lol.

Hey guys, As the title states i am out of status and about to fall behind on child support.

Let me give you the full story and ill try and keep it as basic as possible

I came here in 2013 on a VWP to meet an internet friend, we ended up getting married i overstayed which the uscis forgave, we also have one son together who has just turned 2, about 4 months after my 2 year conditional greencard was approved we separated and i moved out. We have been apart ever since, However now we are filing for divorce and it will be complete before i have my interview (I-751?) which i know puts me out of status and the form i filed for removal of conditions void as we did it jointly, Right?

Secondly i have jsut been hit with a HUGE child support order, $512 per month plus medical insurance which i get from my place of employment which is $660 per month plus 60% of all medical bills. I know for a fact i will be falling behind on that within the next month as that far exceeds my outgoings and the courts will not re assess it due to it being based on previous years earnings. If i fall behind that also makes me ineligible for naturalization right?

Would it be worth waiting for the interview or just leave the country before they deny my application and deport me?
If anyone can give me more info that would be great.

NOT LOOKING FOR A LAWYER JUST FURTHER INSIGHT

p.s I can't even afford a lawyer LOL!!!

Yes I have had my interview scheduled for around two weeks now. My wife and I are due to attend on the 25th this month! Very nerve racking

I had the EXACT same thing today, however i went to the place i am due to start work and they were fine with the letter i had and jsut used the ref number as my ssn for now

Good luck

Guys..... I got my EAD card today!!!! It was weird it came after my regular post had been. Very weird but hey I Have it xD

Never mind I got the tracking number from a L2 officer it is awaiting pickup by USPS they have received electronic notification for it to be picked up on a two day priority. Thanks forall your help anyhiw

It actually just says the same as the email word for word.

CPO - card production ordered xD sorry haha

This is what received from them.

Application Type: I765 , APPLICATION FOR EMPLOYMENT AUTHORIZATION

Your Case Status: Card/ Document Production

On September 5, 2014, we mailed the new card directly to the address we have on file. You should receive your new card within 30 days. If you do not, or if you move before you get it, call customer service at 1-800-375-5283.

Is that what you needed?

Hey guys I was informed that my card was mailed directly to my address. However I didn't get the email saying the USPS has picked up my card. Is that normal? Like do some people skip that step? And I have not received a single letter from them regarding this so no approval notice nothing and my online status is still in CPO I thought it went to post decision activity once mailed?

My EAD sent out today

I hope so congrats on your EAD btw

Has it changed to post decision activity? Mine is still in card production ordered