I am separated but not yet divorced

[kady sanogo 0]

Hello everyone,

I find myself in a weird situation.

My 2 year green card will expire in April.

It is time for me to renew it. However here is the problem

My spouse and I have been separated for a year now. We entered the marriage in good faith and we have a small boy who is 20 months old.

My spouse hates me and I hate him too at this point.

Despite our separation he has signed the petition for us to file jointly and remove my conditions.

Now he is saying that if called for an interview he refuses to go and that "it is between me and the INS"

As a proof of our relationship, I have:

Tax returns, birth certificates for our son, our previous leases, family pictures, the bank account we both used,statement from landlord and family members.

I have no evidence for the last year since we have been separated.

Additionaly, he does not want to sign the divorce papers now and wants to take his time, so I cannot request a waiver to file jointly because I have no divorce decree.

I am scared that I will be deported and that my son (who is an american citizen) will be taken away from me and given to his dad.

I am desperate...I do not know what to do .

I am begging you to help me.

I have a good life with my son, a good job, and I am scared to loose my lil boy.

PLEASE PLEASE HELP ME!!

[James 2]

Hello everyone,

I find myself in a weird situation.

My 2 year green card will expire in April.

It is time for me to renew it. However here is the problem

My spouse and I have been separated for a year now. We entered the marriage in good faith and we have a small boy who is 20 months old.

My spouse hates me and I hate him too at this point.

Despite our separation he has signed the petition for us to file jointly and remove my conditions.

Now he is saying that if called for an interview he refuses to go and that "it is between me and the INS"

As a proof of our relationship, I have:

Tax returns, birth certificates for our son, our previous leases, family pictures, the bank account we both used,statement from landlord and family members.

I have no evidence for the last year since we have been separated.

Additionaly, he does not want to sign the divorce papers now and wants to take his time, so I cannot request a waiver to file jointly because I have no divorce decree.

I am scared that I will be deported and that my son (who is an american citizen) will be taken away from me and given to his dad.

I am desperate...I do not know what to do .

I am begging you to help me.

I have a good life with my son, a good job, and I am scared to loose my lil boy.

PLEASE PLEASE HELP ME!!

Given that you and your husband have a child together, and that you submitted the key docs they look for (tax returns and lease), I would say it is unlikely you would be called for an interview. USCIS has to prove that the marriage was entered into to evade the immigration laws. A child, at least in my opinion, is virtually irrefutable proof that the marriage was not entered into to evade the immigration laws.

If worse comes to worse, and if by some remote chance everything falls apart and you end up before an immigration judge, I highly doubt the judge will split up a mother and child (or effectively force the U.S. citizen child to go with you to your native country).

If you really feel as desperate as you indicate, lawyering up would not hurt.

[desert_fox 32]

He doesnt want to sign??? You dont need his permission. Just tell you attorney to get the divorce, might cost a few bucks if the judge has to determine the property settlement.

[Scalpel 14]

Just in addition to what others have said, you have the ultimate and most convincing evidence of a bonafide marriage - a child. So it is VERY UNLIKELY (not totally impossible!) that you'd get called for an interview. So I'd say you honestly don't have much to worry about at this point. However, if in the unfortunate incidence that you get an interview notice and your soon-to-be-ex maintains his stance and refuses to go with you to the interview, things can get very ugly very quickly. I'd definitely advice you to hire an attorney immediately if you receive an interview letter as opposed to an approval.

Otherwise, don't push your luck by counting on an immigration judge not to "split up a mother and child." The judge might not split quite alright, but mother and child might end up together in a place they do not necessarily desire. Remember, nowhere in the law does it say alien parents are guaranteed a stay in the US just because they have a US citizen child OR that US citizen children cannot be raised in other countries. I'm not trying to alarm you. I'm just trying let you understand that while you have a very good case but that doesn't rule out all other possibilities either.

In a nutshell, at this point, there is really no need for worry or desperation because the odds are greatly stacked in your favor. Good luck and I hope things work out to your heart's desires.