Challenge: gay divorce with a us citizen child

[Inesmlm 13]

Good evening,

I filled the removal of conditions in December 2015. On June 2016 my wife (us citizen) filed for the divorce. This is a gay marriage (which shouldn't be much different from a straight one) and I gave birth to my daughter in February here in US through artificial insemination while married to my wife. My daughter is of course an US citizen. My wife never adopted her. She is not cooperating with helping me with anything let along documents for immigration. What should I do? Should I contact USCIS and tell them what's going on? We don't have a meditation date yet so divorce is not finalized. I have done the biometrics back in January and I'm now just waiting for them to process December cases.

Any help on my situation is very much appreciated.

[Cheezees 1,514]

1. The facts that you are a gay couple and that you had a US citizen child via artificial insemination are very irrelevant here.

2. If your wife has filed for divorce and your ROC is still being processed, you will need to submit a divorce waiver.

3. You say you filed your ROC in Dec 2015. What immigration documents do you now need from your wife?

4. USCIS is not in the business of marriage counseling nor should they be. They simply do not care if you and your wife are getting along or if she is playing nice or giving you a hard time. The only contact they need from us would be immigration related.

5. When you resubmit your ROC with a divorce waiver, you will get an RFE for the final divorce decree. Therefore you have some time for the divorce to be finalized.

Good luck!

[newacct 688]

2. If your wife has filed for divorce and your ROC is still being processed, you will need to submit a divorce waiver.

I am not sure about this. There is a memo that says jointly-filed ROC can still be approved even if divorce has been initiated.

[Sakura13 12]

You have to wait until your divorce process is completed. Then, you can file for a Divorce waver.

But you Filed for ROC 6 months ago. Your case should be approve anytime soon (if your case is in CSC).

My suggestion is to wait...

Edited August 3, 2016 by Sakura13

[mindthegap 2,607]

2. If your wife has filed for divorce and your ROC is still being processed, you will need to submit a divorce waiver.

Incorrect

[Cheezees 1,514]

Thank you both for the correction!

[Inesmlm 13]

Thank you for your replies!

I'm not sure what is happening and I hope it's not a reason to be very concerned..

I already have the biometrics done, but 2 months ago I got a letter from USCIS saying that I needed to send more proof of my marriage. I sent again whatever I could (the due date was August 26) and I haven't heard anything from them.

What should I do?

Thank you

[Inesmlm 13]

I didn't expect to have news so early. I just got a letter from USCIS in the mail for an interview on September 12th. I'm already super nervous.. If someone could guide me on this, it would be great.

The paper says to bring my spouse and obviously all the paperwork.

I do have a lot of papers but my wife is not going to go. She actually kept a lot of evidence that I had about our marriage. She is not helping me on this. Divorce papers have been filed but we don't have a mediation date yet.

I have read here a testimony of a person who was in the same situation as I and all he did was to write a detailed document (which ended up being like 12 pages long) about his relationship and pictures throughout the whole time he was married. Should I do that too? Should I get a lawyer for this? Should I ask my friends for affidavits? Should I call them ahead and tell them I'm in the middle of the divorce process? I'm so nervous already ?

[EM_Vandaveer 2,417]

You need to tell the Officer at the interview that your wife filed for divorce and therefore you need to convert your I-751 to a divorce waiver. You'll need some evidence of financial co-mingling and co-habitation for the duration of the marriage.

[Ontarkie 14,507]

~~Hijacked post removed. Stick to asking questions in your existing thread not others.~~

[Inesmlm 13]

What if I don't have that evidence because my wife is keeping all those documents and is not providing them to me?

What is necessary to convert my i751 to a divorce waiver?

[chicha 9]

What if I don't have that evidence because my wife is keeping all those documents and is not providing them to me?

What is necessary to convert my i751 to a divorce waiver?

The activities you shared with regard to caring for the kid is great evidence.

If your wife doesn't show up at interview, your joint i-751 will probably be denied. You will re-submit a waiver petition, and that will give you 1 year extension as well.

[EM_Vandaveer 2,417]

What if I don't have that evidence because my wife is keeping all those documents and is not providing them to me?

What is necessary to convert my i751 to a divorce waiver?

Just tell the Officer at the interview you wish to convert it to a divorce waiver, otherwise it will be denied because your wife not showing up for the interview. Edited August 19, 2016 by EM_Vandaveer

[Inesmlm 13]

And by saying that, will he still interview me? What happens after I ask to convert it to a divorce waiver? And are there any costs?

Thank you again for all your help

[chicha 9]

Correct me if I am wrong, but based on what I learned:

- There is no way to call and cancel this interview, or not showing up at the interview

- If your wife doesn't show up, the decision will be a denial on the spot (the decision for the *joint* petition). However much bona fide evidence you have, the "joint" part is defeated by your wife's no show at the interview.

- You could explain your situation at the interview

- You should also start a different waiver package soon after, with the bona fide evidence and "waiver" checked (paying the 751 processing fee all over again)

There are a lot of pros here who can correct my statements if incorrect.

Edited August 19, 2016 by chicha