Going thru devorce on conditional GC with a citizen kid

M

memo

Registered Users (C)
If one goes thru devorce while he/she is on conditional GC but has a US citizen kid, can he/she fight the INS to remove the conditions at all??? any input/experience is greatly appreciated.
 
Procedurally your kid cannot sponsor you untill he is 21. other way is asylum I think where you have to prove the kid will be better off with you in the US and of course you win the custody of the child in family court. If you dont then you are out of luck.
Your case is complicated and you need a attorney for sure...
 
I have to disagree with an above poster.
The person of question wasn’t asking about sponsoring for GC, he or she already has one and wants to know if it's possible to preserve it after the divorce.
The asylum is out of question in such situation.
Also – we are discussing immigration issues here and not custody/family court subjects.


Memo:
Your friend definitely can fight INS and there are good chances he/she can win and successfully remove the conditions on his/her own. Lot’s of people in similar situation, just search around this forum for examples.
The main question, you forgot to mention – was this USC child born out of the marriage between your friend and his/her spouse, the same spouse who sponsored him/her for GC and the same spouse who now seeks the divorce?
If YES then I see no reasons why your friend would be in too much trouble.
He/she can file for removal of conditions at any time after divorce is final, alone, with the proof that his/her marriage was indeed bona fide (like join bills, join accounts – basically same staff they provided during their interview, but it should cover period from the interview till the end of the marriage). Plus, and it’s very important – BS of their child.
With a child born out of this marriage – it wouldn’t be too hard to prove his/her marriage was “real”.
But – if that child is from a previous marriage or other, prior relationship – then it won’t help in removing GC conditions based on this marriage.
Your friend still has to submit all the evidence to INS about bona fide marriage that fell apart and, with little fewer chances, just hope for the best.
In an event of I-171 denial, following with the deportation order, having a child born in US might actually help him/her to fight INS and stay here after filing hardship waiver, but this is another story.
And – as in any other immigration case– hiring an attorney is optional.
It all depends on your friend’s specific situation, level of comfort dealing with INS directly, the size of his/her bank account, and also - understanding all the INS forms and procedures and following them precisely.

Good luck to your friend and speedy approval to you, Memo!
 
Hi Memo,

Sorry to Hear about your Divorce. But it appears that your case has been transferred to TSC for processing...which is a potential painless, interviewless case :) hopefully (I know its true for CSC) . Hangin there, and I saw the adjustment application touches you noiced online. So hopefully before your divorce you might get your case adjustication have taken place. I believe with the green card in hand facing the divorce is easy, thus you will be able to remove conditions, I am 99% sure. ;)
 
Thanks everyone especially Jane for all great answeres. The baby was from a prior marriage but my friend has all the required documents to show the boina fidas of the marriage. Seems to be harf battle but she doesn't have any other choice.
 
memo said:
Thanks everyone especially Jane for all great answeres. The baby was from a prior marriage but my friend has all the required documents to show the boina fidas of the marriage. Seems to be harf battle but she doesn't have any other choice.
Click to expand...

You are welcome!
 
I have a somewhat similar situation

I don't have a green card yet. I am waiting for my priority date to become current, I am on the F2B category. Well, I have a 3 year old son and I am pregnant again. My son, his father, and I have been living together as a family for years but we are not married, he's a USC (He's white). I understand that if we get married, I will get a conditional green card (faster than waiting for my mom's F2B petition) but what will happen if we divorce in less than 2 years? I will have 2 USC children by then. I am worried about getting a divorce because we are actually in couples counseling right now, what if we divorce before 2 years? Will I lose my kids? Of course we will try our best to make the marriage work, but just in case it doesn't, can I fall back on my mom's F2B petition?
 
Does anybody know the answer to my situation above?

This is probably a unique situation that doesn't happen very often, but in case somebody has an idea, I would really appreciate it if you can comment. Thank you very much!!!
 
Bella Blues said:
This is probably a unique situation that doesn't happen very often, but in case somebody has an idea, I would really appreciate it if you can comment. Thank you very much!!!
Click to expand...

Dear, Bella!
Nobody here can say how long will the marriage lasts (either yours or theirs) and what is the best answer when it doesn’t happen as we hope….
In your situation, I think, is better to get married to your children’s father and get GC this way, since you already know it would be faster.
Once you get it – you’ll have less worries and staff to think about, with the new baby on the way and everything.
And even if you do end up divorcing very soon, you have a very strong case already (children and many years together), I don’t think you will have a hard time removing your conditions on your own. But, please – think positive. Hopefully things between you two get better, you are a family with kids and that’s what important, don’t let this GC business mess up your life, OK?
Good luck!
 
Thank you for the positive thoughts!

Jane Green said:
Dear, Bella!
Nobody here can say how long will the marriage lasts (either yours or theirs) and what is the best answer when it doesn’t happen as we hope….
In your situation, I think, is better to get married to your children’s father and get GC this way, since you already know it would be faster.
Once you get it – you’ll have less worries and staff to think about, with the new baby on the way and everything.
And even if you do end up divorcing very soon, you have a very strong case already (children and many years together), I don’t think you will have a hard time removing your conditions on your own. But, please – think positive. Hopefully things between you two get better, you are a family with kids and that’s what important, don’t let this GC business mess up your life, OK?
Good luck!
Click to expand...

Thank you for the positive thoughts! We are now (after many years!) finally getting married. I am 6 months pregnant now and we've set the date for late September. I've actually been preparing for the wedding these last few months. Now I just need to know the steps that we need when he files his petition on my behalf. We don't know anything about what to do, like should we get a lawyer, what do we need to bring to the interview, and how we even get the interview in the first place!

I will be around these message boards a lot asking questions after the wedding when we're ready to file the petition!
 
When it comes to divorce while on conditional GC you still have a good chance to get those conditions removed. It all depends on how you can prove that the marriage your GC is based upon was in good faith in the first place.

Even "coldhearted" USCIS officers know that some marriages just don't work out. It only matters that you can prove that you got married not just only to circumvent immigration laws.
 
You must log in or register to reply here.
Top