divorce with child before AOS

[ron jon 0]

Hello

I'm a US citizen married to a woman for Chile. We have a 2 yr old child and are getting a divorce 2 months before our AOS interview. She wants to stay in the US. She has been caught shoplifting TWICE and did a course to keep the charges off her record. The 2nd time caught , she used my last name, so they did't know about the 1 st time. She also has a boyfriend, that she thinks I don't know about.(I have sold evidence) Very sad I know. I would like primary custody of our child. She plans to stay in the US and live with our child in a rented apt., but has low credit and zero saving. She is not working either. I can give my child a much better structured life and household , as I'm a Registered Nurse and have a good salary

Any change the court would grant me primary custody?

Am I liable under the affadavit of support, if we don't file for AOS together?

[patient2010 93]

welcome to VJ and sorry this is happening to you

[Inky 1,111]

Divorce before AOS she likely cannot AOS at all. The AOS is based on your marriage which is going to be no longer since you are divorcing.

Anything to do with custody of the child is for your divorce lawyer and your court case. You need to ask your lawyer.

[ron jon 0]

Divorce before AOS she likely cannot AOS at all. The AOS is based on your marriage which is going to be no longer since you are divorcing.

Anything to do with custody of the child is for your divorce lawyer and your court case. You need to ask your lawyer.

[/quote

Well, I read that she can AOS without me. She can stay in the US, for all I care. Thats not my main concern. I basically want primary custody of my child and not to be on the hook paying her for 10 yrs. Thats why I'm trying to take care of this before the AOS date

[milimelo 4,554]

Are you going through with the AOS interview and pulling your I-864 at the time? Has the interview been scheduled already?

If you don't want to be on the hook, you want to pull that I-864 - have the letter withdrawing I-864 ready either for the interview or send it now if there is no interview.

Edited September 2, 2011 by milimelo

[ron jon 0]

Are you going through with the AOS interview and pulling your I-864 at the time? Has the interview been scheduled already?

If you don't want to be on the hook, you want to pull that I-864 - have the letter withdrawing I-864 ready either for the interview or send it now if there is no interview.

Milimelo -- I received a letter 2 weeks ago that I am in the final 90 days. But I didn't receive a date . Should I go to my local INS office and withdraw the I-864 or just not attend the AOS date(when I receive it)?

Thanks

[milimelo 4,554]

Milimelo -- I received a letter 2 weeks ago that I am in the final 90 days. But I didn't receive a date . Should I go to my local INS office and withdraw the I-864 or just not attend the AOS date(when I receive it)?

Thanks

Hmmm, that sounds like a reminder for removal of conditions? Does she have a green card? If that's the case, she can remove conditions with a divorce and remain in the US. You're on the hook for I-864 until she naturalizes (5 yrs of LPR when divorced) or until she has 40 quarters of work credits - approx. 10 years.

[ron jon 0]

Hmmm, that sounds like a reminder for removal of conditions? Does she have a green card? If that's the case, she can remove conditions with a divorce and remain in the US. You're on the hook for I-864 until she naturalizes (5 yrs of LPR when divorced) or until she has 40 quarters of work credits - approx. 10 years.

yes, she has a 2 yr temp residence card. If she removes the conditions by herself, am I still on the hook for 40 quarters? I have read , if I don't go through with AOS or if I remove the I- 864 before the interview, Im not liable??

[Deputy Purple 1,294]

yes, she has a 2 yr temp residence card. If she removes the conditions by herself, am I still on the hook for 40 quarters? I have read , if I don't go through with AOS or if I remove the I- 864 before the interview, Im not liable??

You're on the hook, she already has Status as an LPR. Removal of Conditions (ROC) doesn't require you. Since she was already issued a Greencard (2 years ago) you can't withdraw your Affidavit of Support (I-864).

Edited September 2, 2011 by Bob 4 Anna

[Inky 1,111]

So shes not AOSing shes removing conditions.

Nothing you can do you are stuck and on the hook. If you don't want to go to the interview don't go. But you are stuck with the I-864 because she already has her 2 year card.

Everything else talk you your lawyer no one here can say if you can get full custody or not, only your lawyer can help you with that.

[VanessaTony 3,567]

Milimelo -- I received a letter 2 weeks ago that I am in the final 90 days. But I didn't receive a date . Should I go to my local INS office and withdraw the I-864 or just not attend the AOS date(when I receive it)?

Your wife is going through the ROC process (removal of conditions) not AOS. She's already AOS'd and you're already on the hook financially to pay back the US government if she claims means-tested benefits.

Nothing for you to do. You divorce her and she ROC's without you. Whether you get custody is up to the courts. They tend to prefer joint custody unless you can prove she's a bad influence and a danger for the child. Not having much money doesn't make her a bad mother so you'd be best to suggest primary custory for the "structure" reason. you should also have an idea of what you plan on doing with the child while you're at work and explaining whether you have a regular schedule (9-5 type deal) or if it's always changing. This is something you'll need your attorney to fight for. It's likely she will fight it (as any parent would).

[DeeDee&Sam 68]

even if you get the custody of the child i do not advise you to separate the child from the mother permanently if she didnt abuse it (personal experience). as for ROC, i think there's nothing you can do about it. she can stay in the US

[Jojo92122 1,924]

Hello

I'm a US citizen married to a woman for Chile. We have a 2 yr old child and are getting a divorce 2 months before our AOS interview. She wants to stay in the US. She has been caught shoplifting TWICE and did a course to keep the charges off her record. The 2nd time caught , she used my last name, so they did't know about the 1 st time. She also has a boyfriend, that she thinks I don't know about.(I have sold evidence) Very sad I know. I would like primary custody of our child. She plans to stay in the US and live with our child in a rented apt., but has low credit and zero saving. She is not working either. I can give my child a much better structured life and household , as I'm a Registered Nurse and have a good salary

Any change the court would grant me primary custody?

Am I liable under the affadavit of support, if we don't file for AOS together?

Two completely separate issues.

Family Court will deal with the custody issue. Your wife's immigration status would only impact this if she was removed from the US. As long as she is in the US (even illegally), her immigration status should have no bearing on the decision.

Since your wife already has a green card, she MAY be able to remove the conditions on her green card by herself after your divorce. You will still be on the hook for the I-864. The shoplifting will impact her ability to remove the conditions since it is a factor in determining if she has good moral character. If she losses her green card and is deported, then you are off the hook for the I-864.