Child Support Evidence - How to provide sufficient proof? Pls Help!

[lucy4 11]

You said you did not pay in cash in the recent years, how did u pay her?

[NotBonJovi 6]

lucy4 - I paid her via check and bill pay.

Deep2009 - Thanks again. However, as I mentioned earlier, she lives two time-zones away. So, I don't think DOSS or FOC can help me before the interview. However, what you suggested can help me later..

Edited January 26, 2012 by NotBonJovi

[Deputy Purple 1,294]

Present records of the checks/bill payments and the court order that establishes the payment amount.

[NickD 202]

Since I have the N-400 opened for another question, only question I can find on this issue is:

"22. Have you ever:

g. Failed to support your dependents or to pay alimony?"

So the question remains, will your IO want proof as to how you answered this question assuming you answered "No" to it. If you answered "Yes", already in deep trouble.

If you did answer 'No", but will know you have a child where you list your kids, and wants proof, will be given a decision cannot be made at this time until you provide this proof. Its a gamble.

Obviously, you are a LPR, and if your ex petitioned for you, may have issues about your divorce, in particular if you remarried a girl from your home country or are planning to. That would be even more problems then proving child support. Just speculating.

[NotBonJovi 6]

Update - I consulted my attorney and was asked to do the following -

1. To contact the court located in state and county in which my ex-wife and child live and check for any updates to my case regarding child support. I called and found out that there is no update since the divorce was granted and there is no child support case against me. I have ordered certified records of the case which will reflect this.

2. To politely negotiate with my ex-wife and see if she can give any form of affidavit that states that I have been regular in my payments.

NickD - Thanks for your input. Based on my story, my attorney felt my marriage to USC wife was not a sham. I have been paying child support and my marriage ended due to her cheating. There is no apparent evidence of defrauding immigration. Also, paying child support till the child completes 18 years is a very expensive way of obtaining Green Card. Normally makes no sense if one has to pay child support for close to 15 years in lieu of the LPR card.

Edited January 27, 2012 by NotBonJovi

[NotBonJovi 6]

Update -

I got the latest court documents on my case. The good news is that I have no child support arrears claim against me during during the nearly 7 years after divorce was granted.

However, I still don't have sufficient proof of payments with me to convince the IO that I have been regular.

Ex-spouse is still not relenting and does not want to provide me the affidavit. I have been as polite and nice as possible, but she is not budging. I am running out of ideas now...

[Deputy Purple 1,294]

Has an IO told you that you need more evidence?

On your next CS Check include "Support Payments are Current through " and list the dated the payment is due. A Check is a legally binding contract, if she modifies the check she's committed a crime. If she endorses it she's agreeing to everything on the check. She could write "Accepted under protest" under her signature if she doesn't want to agree though.

Maybe you should just tell her that since she won't give you the proof you need you want to go to court and have all payments go through the court which would delay her receipt of those payments. That might get her cooperation.

Either way, I'd be adding the text to every check from now on.

[NotBonJovi 6]

Bob 4 Anna - My interview is coming up and which is why I am nervous. Thanks for the tip about what to write in the memo line of the check.

I am not sure if I want to involve the court at this moment as that could trigger claim of arrears. My ex has agreed to speak with me this weekend and I will update on how that goes.

[laurarajesh 0]

tell her soory what happen in past and her she know you were paying her cash and ask her acoording her how much mony she got and talk her on details. and how much many time she got cash child sopport. and record your phone conversation. best of luck

[laurarajesh 0]

or hire private investigator

[NickD 202]

Let's bow our heads in prayer.

Dear Lord, we humbly beg of you that NotBonJovi's IO is a man, whose wife had cheated on him and is paying heavy child support. And not a man hating woman that also cheated, and her ex is late on his child support. Amen.

So much depends on the IO you get, shouldn't be that way, but that is the way it is.

[Adriene H 89]

tell her soory what happen in past and her she know you were paying her cash and ask her acoording her how much mony she got and talk her on details. and how much many time she got cash child sopport. and record your phone conversation. best of luck

Proceed with caution if you use this route ... I'm not sure you

can record telephone conversations unless both parties are informed.

[Deputy Purple 1,294]

tell her soory what happen in past and her she know you were paying her cash and ask her acoording her how much mony she got and talk her on details. and how much many time she got cash child sopport. and record your phone conversation. best of luck

NEVER RECORD A PHONE CALL WITHOUT CHECKING THE LAWS WHERE YOU LIVE AND WHERE THE OTHER PERSON LIVES.

You could be committing a serious crime.

[NotBonJovi 6]

Adriene H & Bob 4 Anna - Thanks! I am aware of the law and will not do such a thing.

NickD - LOL! I know my situation is no laughing matter, but you sure made me smile! Thanks.

Edited February 3, 2012 by NotBonJovi

[NotBonJovi 6]

Update and Epilogue

The end of this story is an anti-climax. I did manage to get an affidavit from my ex-wife just 2 days before my interview. She modified it, so I was not sure if the IO would accept it, though she did mention that I was current and up to date in my payments. I could breathe now and went for my interview feeling a bit more confident, yet nervous as I also had the continuous residence issue to tackle.

At the interview, the IO neither asked me for the tax transcripts nor the child support evidence. He was not happy with my break in residence, but was convinced when I told him I had to take the long break to take care of my cancer stricken mother.

That's it. He approved me and I completed my Oath same day. All done.

NickD - Seems like your prayer helped. My IO was a gentleman and courteous to me.

Thank you for your encouraging words, guys.

Edited February 25, 2012 by NotBonJovi