belinda63

You moved to Canada and have been living and working there for more than 2 years. Your green card expire 2 years ago.
 
Did you maintain a residence in the US? Have you been filing US tax returns. What proof do you have that you intended to return to the US in less than one year but were prevented from doing so  due to circumstances beyond your control?
 
At this point all you can do is file the I-751 and hope it is approved. 

Married is married. If she is already married (even in another country) and not divorced or annulled her marriage to the US person is not valid. If she tries to obtain or does obtain any immigration benefits such as a green card or citizenship based on her fake marriage she can at any time be stripped of those benefits and deported. 
 

Married is married. If she is already married (even in another country) and not divorced or annulled her marriage to the US person is not valid. If she tries to obtain or does obtain any immigration benefits such as a green card or citizenship based on her fake marriage she can at any time be stripped of those benefits and deported. 
 

Married is married. If she is already married (even in another country) and not divorced or annulled her marriage to the US person is not valid. If she tries to obtain or does obtain any immigration benefits such as a green card or citizenship based on her fake marriage she can at any time be stripped of those benefits and deported. 
 

Married is married. If she is already married (even in another country) and not divorced or annulled her marriage to the US person is not valid. If she tries to obtain or does obtain any immigration benefits such as a green card or citizenship based on her fake marriage she can at any time be stripped of those benefits and deported. 
 

Married is married. If she is already married (even in another country) and not divorced or annulled her marriage to the US person is not valid. If she tries to obtain or does obtain any immigration benefits such as a green card or citizenship based on her fake marriage she can at any time be stripped of those benefits and deported. 
 

Married is married. If she is already married (even in another country) and not divorced or annulled her marriage to the US person is not valid. If she tries to obtain or does obtain any immigration benefits such as a green card or citizenship based on her fake marriage she can at any time be stripped of those benefits and deported. 
 

Married is married. If she is already married (even in another country) and not divorced or annulled her marriage to the US person is not valid. If she tries to obtain or does obtain any immigration benefits such as a green card or citizenship based on her fake marriage she can at any time be stripped of those benefits and deported. 
 

This seems like there is some heavy suspicion of marriage fraud if they are going all the way back to your initial immigration interview and removal of conditions. The burden may be on you now to prove the marriage was bonafide from the beginning. You need to overcome this suspicion.
 
Best to contact a good competent lawyer. 

Best I can make of it is his AOS was denied, appealed to BIA, BIA sent back for an interview. For some reason the interview took several years to schedule. During this entire time he has never had a green card. 
He probably did not notify USCIS of the divorce because that would have been an immediate denial of AOS and by waiting for the interview he was here "pending status".. 
Now that they have scheduled the interview he is having an oh poo moment realizing he has no grounds to obtain a green card through his now ex-spouse and when they find out he is divorced he will have to do a voluntary departure, be deported, or hide from immigration so he is looking for anyway possible to remain in the US. 
The next step is, of course, to apply for VAWA. For most the process takes years to receive a final approval or denial so even if it is denied he might get another 1-3 years in the US legally. The problem is he has no grounds to apply since he has been divorced more than two years. Question is at what point will that be realized and the VAWA denied. It doesn't matter how much evidence he might have of physical abuse or extreme cruelty, that ship has sailed, he does not qualify for VAWA.

It sounds like he never got a green card as his AOS was denied. Then BIA reversed the denial but he never got a green card. So he has been here for five years with "pending status" .
Long and short of it his VAWA will be denied as he has been divorced more than two years. The excuse of "I was waiting for my AOS interview" which he knew he would be denied at because he is no longer married won't float. 

Best I can make of it is his AOS was denied, appealed to BIA, BIA sent back for an interview. For some reason the interview took several years to schedule. During this entire time he has never had a green card. 
He probably did not notify USCIS of the divorce because that would have been an immediate denial of AOS and by waiting for the interview he was here "pending status".. 
Now that they have scheduled the interview he is having an oh poo moment realizing he has no grounds to obtain a green card through his now ex-spouse and when they find out he is divorced he will have to do a voluntary departure, be deported, or hide from immigration so he is looking for anyway possible to remain in the US. 
The next step is, of course, to apply for VAWA. For most the process takes years to receive a final approval or denial so even if it is denied he might get another 1-3 years in the US legally. The problem is he has no grounds to apply since he has been divorced more than two years. Question is at what point will that be realized and the VAWA denied. It doesn't matter how much evidence he might have of physical abuse or extreme cruelty, that ship has sailed, he does not qualify for VAWA.

It sounds like he never got a green card as his AOS was denied. Then BIA reversed the denial but he never got a green card. So he has been here for five years with "pending status" .
Long and short of it his VAWA will be denied as he has been divorced more than two years. The excuse of "I was waiting for my AOS interview" which he knew he would be denied at because he is no longer married won't float. 

Best I can make of it is his AOS was denied, appealed to BIA, BIA sent back for an interview. For some reason the interview took several years to schedule. During this entire time he has never had a green card. 
He probably did not notify USCIS of the divorce because that would have been an immediate denial of AOS and by waiting for the interview he was here "pending status".. 
Now that they have scheduled the interview he is having an oh poo moment realizing he has no grounds to obtain a green card through his now ex-spouse and when they find out he is divorced he will have to do a voluntary departure, be deported, or hide from immigration so he is looking for anyway possible to remain in the US. 
The next step is, of course, to apply for VAWA. For most the process takes years to receive a final approval or denial so even if it is denied he might get another 1-3 years in the US legally. The problem is he has no grounds to apply since he has been divorced more than two years. Question is at what point will that be realized and the VAWA denied. It doesn't matter how much evidence he might have of physical abuse or extreme cruelty, that ship has sailed, he does not qualify for VAWA.

It sounds like he never got a green card as his AOS was denied. Then BIA reversed the denial but he never got a green card. So he has been here for five years with "pending status" .
Long and short of it his VAWA will be denied as he has been divorced more than two years. The excuse of "I was waiting for my AOS interview" which he knew he would be denied at because he is no longer married won't float. 

Best I can make of it is his AOS was denied, appealed to BIA, BIA sent back for an interview. For some reason the interview took several years to schedule. During this entire time he has never had a green card. 
He probably did not notify USCIS of the divorce because that would have been an immediate denial of AOS and by waiting for the interview he was here "pending status".. 
Now that they have scheduled the interview he is having an oh poo moment realizing he has no grounds to obtain a green card through his now ex-spouse and when they find out he is divorced he will have to do a voluntary departure, be deported, or hide from immigration so he is looking for anyway possible to remain in the US. 
The next step is, of course, to apply for VAWA. For most the process takes years to receive a final approval or denial so even if it is denied he might get another 1-3 years in the US legally. The problem is he has no grounds to apply since he has been divorced more than two years. Question is at what point will that be realized and the VAWA denied. It doesn't matter how much evidence he might have of physical abuse or extreme cruelty, that ship has sailed, he does not qualify for VAWA.

Best I can make of it is his AOS was denied, appealed to BIA, BIA sent back for an interview. For some reason the interview took several years to schedule. During this entire time he has never had a green card. 
He probably did not notify USCIS of the divorce because that would have been an immediate denial of AOS and by waiting for the interview he was here "pending status".. 
Now that they have scheduled the interview he is having an oh poo moment realizing he has no grounds to obtain a green card through his now ex-spouse and when they find out he is divorced he will have to do a voluntary departure, be deported, or hide from immigration so he is looking for anyway possible to remain in the US. 
The next step is, of course, to apply for VAWA. For most the process takes years to receive a final approval or denial so even if it is denied he might get another 1-3 years in the US legally. The problem is he has no grounds to apply since he has been divorced more than two years. Question is at what point will that be realized and the VAWA denied. It doesn't matter how much evidence he might have of physical abuse or extreme cruelty, that ship has sailed, he does not qualify for VAWA.

Best I can make of it is his AOS was denied, appealed to BIA, BIA sent back for an interview. For some reason the interview took several years to schedule. During this entire time he has never had a green card. 
He probably did not notify USCIS of the divorce because that would have been an immediate denial of AOS and by waiting for the interview he was here "pending status".. 
Now that they have scheduled the interview he is having an oh poo moment realizing he has no grounds to obtain a green card through his now ex-spouse and when they find out he is divorced he will have to do a voluntary departure, be deported, or hide from immigration so he is looking for anyway possible to remain in the US. 
The next step is, of course, to apply for VAWA. For most the process takes years to receive a final approval or denial so even if it is denied he might get another 1-3 years in the US legally. The problem is he has no grounds to apply since he has been divorced more than two years. Question is at what point will that be realized and the VAWA denied. It doesn't matter how much evidence he might have of physical abuse or extreme cruelty, that ship has sailed, he does not qualify for VAWA.

It sounds like he never got a green card as his AOS was denied. Then BIA reversed the denial but he never got a green card. So he has been here for five years with "pending status" .
Long and short of it his VAWA will be denied as he has been divorced more than two years. The excuse of "I was waiting for my AOS interview" which he knew he would be denied at because he is no longer married won't float. 

It sounds like he never got a green card as his AOS was denied. Then BIA reversed the denial but he never got a green card. So he has been here for five years with "pending status" .
Long and short of it his VAWA will be denied as he has been divorced more than two years. The excuse of "I was waiting for my AOS interview" which he knew he would be denied at because he is no longer married won't float. 

It sounds like he never got a green card as his AOS was denied. Then BIA reversed the denial but he never got a green card. So he has been here for five years with "pending status" .
Long and short of it his VAWA will be denied as he has been divorced more than two years. The excuse of "I was waiting for my AOS interview" which he knew he would be denied at because he is no longer married won't float. 

His visa category specifically states he is unmarried. If he marries before entering the US on that visa, he is no longer eligible for the visa. Even if it does not cause issues when he enters the US, it will definitely be a problem if he later tries to file an I-130 for his wife to have her immigrate as well. USCIS will then see the date on the marriage certificate and know that he was not eligible to enter and receive permanent residence using this visa.
 
Have him travel to the US first, preferably wait until he receives his green card, and then he can travel back to Russia, marry her, come back to the US, and file a petition for her.

He must be legally residing in the country where he interviews. 

Another issue is getting the child's passport. You will have to obtain the birth certificate then apply for the passport. The child cannot leave the US without that. Is the mother willing to risk returning home without the child?

Another issue is getting the child's passport. You will have to obtain the birth certificate then apply for the passport. The child cannot leave the US without that. Is the mother willing to risk returning home without the child?