Challenge: gay divorce with a us citizen child

[mindthegap 2,590]

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.

Yeah you are wrong

The I-751 was filed jointly as that was the honest situation at the time. Things change.

if you are called for interview and she refuses to show, then go and be honest, state that you are going through a divorce/have completed a divorce, and then the officer can add a waiver to the existing petition, and you do not have to refile from scratch.

If your divorce is finalised and 100% done, and you produce the paperwork showing this at the interview, then the waiver can be added right away - if it is still in progress and not finalized it will be put on hold pending you sending the documents.

When it is finalised and you send the paperwork in to be added, the waiver can proceed, and it is doubtful that you will be called for a further interview after your first one.

Remember that ROC is about the intent at the time of marriage and immigration, not your current circumstances. Circumstances can, and do, change, and often in a very short space of time. They have seen it all before - right down to the angry/bitter/un-cooperative spouse or ex-spouse, so don't worry about it too much.

Edited August 21, 2016 by mindthegap

[Inesmlm 13]

I appreciate all your help and recommendations.

I am super nervous about this interview.. Not because my marriage wasn't real, but because everything is very recent with my wife and I'm afraid that by her not showing up, will not help to the case.

However, I have a very important question: the plan of having our daughter was made with the donor who is our friend. He was with my wife the night I met her, he was part of my engagement proposal and he was part of this life event of being our donor. Can he come with me to the interview as a witness? He is willing to do so. He has been there since the beginning.

Thank you

[chicha 9]

However, I have a very important question: the plan of having our daughter was made with the donor who is our friend. He was with my wife the night I met her, he was part of my engagement proposal and he was part of this life event of being our donor. Can he come with me to the interview as a witness? He is willing to do so. He has been there since the beginning.

Thank you

You could ask him to write a detailed affidavit and notarize it. This way you can bring to the interview to add strength to your case in case he is not admitted.