Help needed with Immigrant Visa Application

S

sergiosr

Registered Users (C)
Hello,

I have been living in Europe with my US Citizen wife for the last 5 years (we've been married for 6 years and our first year together we were in the United States).

4 years ago we had a daughter (also a US Citizen)

I am applying for a Green Card through my wife and we are very close to getting it. We submitted the DS-230 and I-864 forms to NVC and now we are waiting for their review and if all goes well we should have an interview date soon in the US Embassy in the country we live in.

The problem is that we have just decided to separate after realizing that we have not been happy living together (to say it in a simple way).

What should we do now? Do we tell the NVC that we have decided to separate? Will I still be eligible for a Green Card (since there is no doubt that our marriage is real). On the other hand would it be possible to restart the process and get a green card through my 4-year old US citizen daughter?

Please advise!

Thank you!
 
First a US Citizen has to be at least 21 years old in order to sponsor their parents. So, it is out of the question at this time to be sponsored by your daughter.

In terms of your current application though your wife. If your marriage is terminated before you get the visa then more then likely the visa would be denied, since you lost eligibility for a immigrant visa by way of being married to a US Citizen when the marriage is terminated. However, it is a tough one to say if you are separated at the time of the interview if the visa would be approved or denied. (I don't know if you and your wife would be required to appear at the embassy for the visa interview.) But, if the embassy approves your visa and you and your wife divorce or actually separate later, then her legal and financial obligation to the US Government under I-864 is not terminated.
 
dhlunar said:
First a US Citizen has to be at least 21 years old in order to sponsor their parents. So, it is out of the question at this time to be sponsored by your daughter.

In terms of your current application though your wife. If your marriage is terminated before you get the visa then more then likely the visa would be denied, since you lost eligibility for a immigrant visa by way of being married to a US Citizen when the marriage is terminated. However, it is a tough one to say if you are separated at the time of the interview if the visa would be approved or denied. (I don't know if you and your wife would be required to appear at the embassy for the visa interview.) But, if the embassy approves your visa and you and your wife divorce or actually separate later, then her legal and financial obligation to the US Government under I-864 is not terminated.
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We are using a Joint Sponsor anyway because my wife was a student for the last 4 years and had no income. The Joint Sponsor knows about this and wants to proceed anyway. Would this be acceptable?
 
Jackolantern said:
If you think there is a chance of reconciling, you could delay the interview and try to work things out.
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The chance of reconciling is very small. I just want our daughter to be raised by both her parents. My wife hates it here and she really wants to move back. There must be a solution!
 
sergiosr said:
The chance of reconciling is very small. I just want our daughter to be raised by both her parents. My wife hates it here and she really wants to move back. There must be a solution!
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Yes there is a solution, and that solution is to get back together and give it one last shot, keeping the marriage going long enough for you to complete the green card interview and move to the US. Any other solution like immigrating to the US via employment or another relative is going to be very uncertain or take a really long time.

You have been married more than 2 years and have a child together, so your case will be approved easily if your wife is supportive, and your green card will be a 10-year card which you can keep even if you divorce afterwards. And maybe once you are both back living in the US and your wife is no longer miserable about where she's living, your marriage may improve to the point where you don't end up divorced.
 
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