Out of status and falling behind on support

[Gizzy666]

Hey guys, As the title states i am out of status and about to fall behind on child support.

Let me give you the full story and ill try and keep it as basic as possible

I came here in 2013 on a VWP to meet an internet friend, we ended up getting married i overstayed which the uscis forgave, we also have one son together who has just turned 2, about 4 months after my 2 year conditional greencard was approved we separated and i moved out. We have been apart ever since, However now we are filing for divorce and it will be complete before i have my interview (I-751?) which i know puts me out of status and the form i filed for removal of conditions void as we did it jointly, Right?

Secondly i have jsut been hit with a HUGE child support order, $512 per month plus medical insurance which i get from my place of employment which is $660 per month plus 60% of all medical bills. I know for a fact i will be falling behind on that within the next month as that far exceeds my outgoings and the courts will not re assess it due to it being based on previous years earnings. If i fall behind that also makes me ineligible for naturalization right?

Would it be worth waiting for the interview or just leave the country before they deny my application and deport me?
If anyone can give me more info that would be great.

NOT LOOKING FOR A LAWYER JUST FURTHER INSIGHT

p.s I can't even afford a lawyer LOL!!!

[newacct]

First of all, you are not out of status. You are a conditional permanent resident while your Removal of Conditions is pending. And even if it is denied, you still remain a permanent resident unless and until you are removed by an immigration court.

You just need to inform USCIS that you want to change your I-751 filing from joint filing to be filing based on divorce. You can inform them of this at the interview or sooner. You shouldn't have to file a new I-751 although you may if you want. There is no reason why you would have to leave the country, unless you want to, of course. You are a permanent resident; you can stay permanently, as long as your marriage was not originally fraudulent.

As for child support, that is a completely separate matter and you will have to work with someone familiar with family law in your local jurisdiction about that. There may be services that provide legal services for free for people who can't pay for them.

Naturalization is far off. Don't worry about it.