Possible divorce while I-751 is pending

[EPDX 0]

Hi everybody,

I just filed my ROC in mid August, 2010 and finished my biometrics on Oct 7, 2010. So far, so good, no RFE yet. However, I just found out yesterday that my husband of almost 3 years has been cheating on me for over a year now with his ex-girlfriend. They started talking to each other since last year while he was in Iraq. Last year, he lied to me about not being able to come back home during his deployment break, but actually took a trip to Europe with her (also, I didn't know this until now). During his confession, he just told me that his ex-girlfriend (whom obviously is his girlfriend right now) is 7 months pregnant with his baby!! I am absolutely stunned, in shock and heart broken.

I've been living with the family of my best friend who also know my family back in Thailand, I've been helping them out around the house and they didn't charge me any rent. He also moved in to the same address with me. We didn't move out right away after he came back because we still can't afford an apartment. He has so many debts, bad credits and unemployed. I can't even put his name to my bank account.

He told me that his ex-girlfriend also didn't know that he's married. She freaked out too when she found out about me, but he lied to her that we haven't been in good term and he was considering a divorce. Of course, we haven't been having a good relationship since he came back from deployment, but I just thought it was because we were apart for a 12 months so I was hoping things were gonna get better since he's already back. Anyway, she forgave him and willing to give him a chance if he could get the divorce finalized within a month or two.

He said he loves her and can't leave her, he want to father her baby. I was devastated while listening to this, I feel betrayed. And when I came to my senses, I know I'm in trouble if I divorce him now, why didn't he tell me this before I filed I-751 jointly. Now my case is pending and he's asking for a divorce. I don't know what I should do now. I don't wanna spend the rest of my life with this evil man. I asked him to give me some time to think this through .. but I'm really confused ..

1. Should I wait for another month just in case my ROC get finalized or should I proceed the divorce now? I got my biometrics done almost a month now.

2. What are my chances of getting approval if I had to refile using a waiver? I basically don't have a lot of evidences since he was gone for a year for deployment.

3. What if I got called for interview and my husband wouldn't show up, will they start deportation proceeding on me right away?

4. I've been going to school since 2009 and hasn't been working until recently this year. I'm currently working 20 hours a week. Should that be a problem for me to file ROC using a waiver? is there any limited income requirement to be eligible to file?

Please help, anybody .. I can't even think straight right now. If my post appeared to be confusing to read, please forgive me.

Edited November 3, 2010 by EPDX

[Okalian 41]

1. If USCIS knows that a divorce was finalized (or sometimes, filed) prior to i-751 approval, it'll hunt you down later down the road when you apply for citizenship. There has been a few similar cases here in VJ regarding such scenarios.

2. It's the same chances of an approval now, as it's all based on the evidence you presented. Filing I-751 based on waiver doesn't lower your chances of approval, as USCIS looks at how the marriage started, not how it ended.

3. No, in such scenario they may deny your I-751 on the spot and ask you to re-file it with a waiver of the joint filing requirement.

4. Nope. You're a greencard holder and can do whatever you wanna do. I-751 doesn't require any sponsorships.