Per my understanding you are required to be legally married and not separated from your husband as of the date you get your 10 year green card approved. However, I am not aware of any requirement that he pays you child support unless ordered by a judge during a divorce decree. Even if he doesn’t, that’s his fault and not yours and can’t be held against you. It is a separate legal matter that would be dealt in a family court and not immigration office. Also if you are divorced and do not maintain good relationship with your husband’s family, how are you supposed to get affidavits from them. I don’t think this is “clear and convincing evidence” that’s required by the statute for USCIS to prove marriage fraud and it’s especially not relevant to a 5 year citizenship application. But that’s my opinion....other experts can chime in. I’m sure you already may have, but I would highly recommend getting an attorney who is experienced in such matters, especially alleged fraud. If the matter ever goes to immigration court, he will have to DENY the allegations on the NTA so that DHS will have to prove them with substantial evidence.
I had a similar bad experience where the naturalization adjudicator tried to deny my application because I could not remember certain dates in my asylum application for events that happened 8-9 years prior to the interview. But when I filed a federal court case, the whole thing fell apart and they naturalized me. It was not her jurisdiction to ask me that question at all - my petition was granted by an IJ.
I had a similar bad experience where the naturalization adjudicator tried to deny my application because I could not remember certain dates in my asylum application for events that happened 8-9 years prior to the interview. But when I filed a federal court case, the whole thing fell apart and they naturalized me. It was not her jurisdiction to ask me that question at all - my petition was granted by an IJ.
