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I am curious if anyone else has gone through something similar and can give me some idea what may happen in my situation. I don't need help or solutions, just predictions on outcomes based on others' experiences.
I am a USC, brought my wife here from S. America on a K Visa, married her and we have a 2 year old son. We followed the I-485 process and she got her conditional GC, and are currently in the middle of the I-751 process - USCIS recently extended her conditional GC for 18 months, but has not removed her conditions (yet). Both of us want a divorce.
There are several problems, though.
1. She does not want to stay in the US. She wants to return to her HC with our child, who is a USC.
2. I am 100% opposed to my son leaving the US. Especially since her HC is on the verge of collapse and Covid is running wild there.
3. She has no ability to support herself or our child in either country. She doesn't drive, has no desire to learn which makes her unemployable where we live. She had little success earning a living in her HC either. Almost no one in her family works, especially after Covid hit, so there is no money or support.
4. I don't have the resources to fund a separate household for her in either country right now, even if I wanted to.
5. She has been the primary caregiver for the child, and I would struggle to care for him by myself. I suffered a disabling illness before he was a year old, and I'm only about 10% functional.
We have both put off filing for divorce because we have no idea what will happen in our situation. Despite the motivation to fix our marriage and avoid the unknown (but certainly negative) consequences, we have been unable work anything out. We are both pretty close to our breaking point after 2 years.
Has anyone dealt with a situation even remotely close to this one? What happened? What did USCIS do? What did the family court do?
I know what the rules say, but I have no idea how they'd be applied here. We live in an extremely conservative state.
I am a USC, brought my wife here from S. America on a K Visa, married her and we have a 2 year old son. We followed the I-485 process and she got her conditional GC, and are currently in the middle of the I-751 process - USCIS recently extended her conditional GC for 18 months, but has not removed her conditions (yet). Both of us want a divorce.
There are several problems, though.
1. She does not want to stay in the US. She wants to return to her HC with our child, who is a USC.
2. I am 100% opposed to my son leaving the US. Especially since her HC is on the verge of collapse and Covid is running wild there.
3. She has no ability to support herself or our child in either country. She doesn't drive, has no desire to learn which makes her unemployable where we live. She had little success earning a living in her HC either. Almost no one in her family works, especially after Covid hit, so there is no money or support.
4. I don't have the resources to fund a separate household for her in either country right now, even if I wanted to.
5. She has been the primary caregiver for the child, and I would struggle to care for him by myself. I suffered a disabling illness before he was a year old, and I'm only about 10% functional.
We have both put off filing for divorce because we have no idea what will happen in our situation. Despite the motivation to fix our marriage and avoid the unknown (but certainly negative) consequences, we have been unable work anything out. We are both pretty close to our breaking point after 2 years.
Has anyone dealt with a situation even remotely close to this one? What happened? What did USCIS do? What did the family court do?
I know what the rules say, but I have no idea how they'd be applied here. We live in an extremely conservative state.
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