Immigration Issues/divorce and I 751


After living together my girl and me decided to get married and file for my adjustment of status. Months passed and when the time for the interviewed arrived she was already 4 months pregnant. I got a temporary residence for two years. Everything was great at home until my wife told me 3 weeks before giving birth that there was possibility of the baby not being mine.  
One day we had an argument (I think one of the biggest one ever) and she left home to go live with her mom for about three week and then we got back together. She said that in that time period she saw her ex boyfriend and had sex with him and doing her calculations to baby is not mine.
When she told me that I was complete destroy and ask her to leave the house. She when back to her mother and contacted to father of the baby to make him aware and now he have custody of the baby. He agreed to take responsibility.
I got lost for 3-4 months and decided to ask her for the divorce but when we got together to discuss about the divorce things turn out to be a different and actually decided to give it another try. She does not want to get divorce until we try to work things out again and I love her so much that I could not refuse.
We have to file an I-751 in about a year if we are together by then. But I'm concerned because she went to the interview pregnant with a baby that was not mine even though neither of us knew it does not look good. Also in the months that we were not together she files for bankrupt because she couldn't make it on her own with all the bills.

If things work out between us and get to file the I751 together would there be a problem because of the baby or because at one point she file for bankrupt?
In the event that I do have to get divorce will I be able to lift the condition of the green card on my own?

Please advice

Your marriage must be viable.  That being said, even if the marriage ends in divorce you may still file I-751, Removal of Conditional Status by you will need to explain in detail the events of the marriage.  If it is suspected by the adjudicator your marriage was not viable in the first place, your I-751 could be denied.

Immigration Issues

All Answers

Answers by Expert:

Ask Experts




Immigration Law enforcement Border Patrol


30 years Immigration law enforcement/management, criminal investigations, Homeland Security including Border Patrol operations

©2017 All rights reserved.

[an error occurred while processing this directive]