Help!! Conditional GC.. Going through divorce. have a cild together.

chuolin

New Member
HI! I got my conditional GC on 09/2006 and it expired on 09/2008. My wife and I have been separated since 06/2008. She started drinking and partying like 4 days a week and barely spend anytime with our son. So I kicked her out and hoped she would snapped out of it but she didn't. So I filed for divorce in the middle of July 2008. I filed for I-485 to remove the condition on my green card and since we were still "legally married" and she agreed to sign the petition but she said she would not go to the interview. I did my FP in 11/2008 and I got a notice in the mail at the end of 12/2008 asking for more evidence since we were not living together when we filed for the I-485, so we put down 2 different addresses. I mailed them about 100 pages of evidence and explaining that we are going through a divorce and why now( 3 years of joint tax return, birth certificates of our son, joint auto insurance policy, medical insurance, and the reason why we are getting a divorce. pictures and messages from her myspace of her partying and drinking, my journal documenting when she would pick him up late and just make up excuses why she couldn't have him the days that she was supposed to, court order stating that I have the primary placement of our son.. etc)

Then I got a letter saying the case has been transferred to Milwaukee office and they will mail me a notice for interview. So I got the interview notice and went to the interview last week. I guess the officer review my file before I went in.. cause he said " so.. you are getting a divorce?" and the questions he ask me are just plain weird... here is our conversation:

officer- So. you guys are getting a divorce, your wife is not here today?

Me- yes, we are getting a divorce and she couldn't make it. She missed work few times in the past couple months and she is afraid she might get fired if she miss work again.

Officer- So why are you guys getting a divorce?

Me- ( I explained because her drinking and partying)

Officer- Lot of people drink, what do you mean her drinking problem?

Me- I don't know about other people but I think its a problem when someone drink 3-4 days a week till 4-5 in the morning and barely spending anytime with her son. thats a problem for me.

Officer- Do you guys have lawyers for the divorce?

Me- Yes.( I pointed out the lawyer's name on the document)

Officer- Are you currently working?

Me- Yes, I am.

Officer- Who does your son live with and who provide daycare him?

Me- My son lives with me most of the time. only 4 days a month, he will stay at him moms. and my wife's grandma provides daycare during the day.

Officer- Are you currently seeing someone? do you have a girlfriend?

Me- Huh?? No, I don't have a girl friend. Its just work and my son.

Officer- Who do you live with?

Me- Me and my son.... huh?

Officer- I mean do you live with someone else or a girlfriend?

Me- No, just me and my son. I don't have a girlfriend... (...WTF...?)

then basically just telling him that the wife is arguing that she should not pay child support and I should pay her child support since I make more money than her... and I told him that I have been in this country for almost 11 years and I was never out of status. and I showed him my graduate school acceptance letter from London UK. I was going to grad school but I met her and she got pregnant... so I decided to stay...
I asked him if he knows I will get approved or not but he said he can't tell me legally on the spot and it will take them about 90 days to make a decision.

I am kind of worried because all the weird questions he asked me.. especially the girlfriend one.. If you guys can give me some inputs on this. and what I should do if I get denied. If anyone ever in the same situation, please let me know how it turn out for you guys.

thanks
 
You have nothing to worry about. You entered into marriage on good faith but it just did not work out. The only requirement for joint i-751 is that marriage was entered in good faith and has not been terminated when petition is filed and adjudicated. You told the truth, did not hide anything and you should be fine.
 
to alimar.

No, we are still going through the divorce now. our next court date is at the end of may. our divorce is not finalized yet,
 
The officer just wanted to make sure that you had not planned a sham marriage with a US citizen while having a girlfriend.

I am kind of worried because all the weird questions he asked me.. especially the girlfriend one.. If you guys can give me some inputs on this.
 
A very good friend of mine is an attorney who takes up a few pro bono cases every year. She once had a client, a Pakistani cabbie from NYC, who paid an African American woman to marry him. Something very interesting came up at the AOS interview. That lady had 8 kids from 8 different fathers, all out of wedlock, with a 9th on my way that was fathered by the cabbie. Now I wonder if the AOS adjudicator who interviewed the OP ever worked in NYC :)

aha, a sham marriage with a child born in wedlock... very interesting.
 
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