First interview scheduled but in the middle of a divorce

[cprado]

Hello need help!!
We’ve been waiting for the interview for more than a year, original application submitted July 28, 2017. My soon to be ex husband is on DACA, but we decided to get a divorce and it was filed in August of this year. We just got interview scheduled for Jan 8, 2019 but our divorce is not finalized. He just need to go pick up the documents to make it final. Long story short we are not going through the application because he refuses to cancel the divorce in which they will deny the application if they see the divorce proceedings. He cheated and is the one that wanted the divorce and only reason I am concerned is because I am pregnant with his child. If we do not show up to the interview what happens to him if he’s in DACA. Or do I have to actually call to cancel the proceedings. I’m due in March and all this is giving me anxiety please help

[k6543]

Hello need help!!
We’ve been waiting for the interview for more than a year, original application submitted July 28, 2017. My soon to be ex husband is on DACA, but we decided to get a divorce and it was filed in August of this year. We just got interview scheduled for Jan 8, 2019 but our divorce is not finalized. He just need to go pick up the documents to make it final. Long story short we are not going through the application because he refuses to cancel the divorce in which they will deny the application if they see the divorce proceedings. He cheated and is the one that wanted the divorce and only reason I am concerned is because I am pregnant with his child. If we do not show up to the interview what happens to him if he’s in DACA. Or do I have to actually call to cancel the proceedings. I’m due in March and all this is giving me anxiety please help

Who is the petitioner here?
You or him?
anyway, I'm not sure...
Better call Saul (I mean talk to a lawyer)

[ember]

Hello need help!!
We’ve been waiting for the interview for more than a year, original application submitted July 28, 2017. My soon to be ex husband is on DACA, but we decided to get a divorce and it was filed in August of this year. We just got interview scheduled for Jan 8, 2019 but our divorce is not finalized. He just need to go pick up the documents to make it final. Long story short we are not going through the application because he refuses to cancel the divorce in which they will deny the application if they see the divorce proceedings. He cheated and is the one that wanted the divorce and only reason I am concerned is because I am pregnant with his child. If we do not show up to the interview what happens to him if he’s in DACA. Or do I have to actually call to cancel the proceedings. I’m due in March and all this is giving me anxiety please help

You should inform USCIS in writing that you wish to withdraw the petition. Since he cannot adjust without an approved petition, this will automatically cancel his adjustment application as well.
If he is in valid DACA status, I believe (but you should talk to a lawyer) that he will remain in valid DACA status and he can reapply as long as the program is in existence. If the program ends, that's something he'll have to figure out. Did he apply for AOS based work authorization or is he continuing to use his DACA work authorization? That may be another issue for a lawyer if he switched to use AOS based work authorization.

[DreamBigg]

Really

Really, you shouldn’t be the one doing the worrying right now. He’s the one that needs his papers. If he wants a divorce, it’s an automatic denial of the application whether you attend the interview or not, whether you call to cancel or not. You should put your energy into carrying this pregnancy to term to have a healthy baby. Good luck.

[bethzly]

I think you're are too care

I'm praying for you,let him go

[WaitedLongEnough]

All the best and I hope you have a healthy beautiful baby ❤️

[Joolsjules13]

Really, you shouldn’t be the one doing the worrying right now. He’s the one that needs his papers. If he wants a divorce, it’s an automatic denial of the application whether you attend the interview or not, whether you call to cancel or not. You should put your energy into carrying this pregnancy to term to have a healthy baby. Good luck.

Exactly my thought.

[ChicagoVB]

It is my understanding that you can still proceed with the AOS if the marriage was entered into in good faith (which it sounds like the original intention was not fraud)

Getting a divorce is not an automatic denial. So I would consider moving forward with the interview if you want your husband to be a part of the baby's life. If he is out of status and cannot remain through DACA (I am not familiar with that program and do not know the rules) he could be deported. So consider what kind of relationship you want your child to have with him 10, 15, 20 years down the road. This is a decision that will impact the rest of your life and you child's life