divorcing before the second green card

[a440320]

I have been married to my current husband since June 2011. We were married after his divorce from his first wife (form his country of birth) was finalized. We were together for about three years before his divorce went through and had our son during the relationship. Also during the relationship, he and I had issues with him returning the his ex-wife and we would break up and he would return to me saying that he wanted to make it work for our son and we would get back together. The year before we got married in June 2011 he changed his ways and everything was good so when his divorce was finalized was decided to get married. A few months after we married we decided to submit his paperwork for his green card. I noticed that we started to have problems again when he received his work authorization and his social security card and by the time he received his green card I found that he was cheating on me again with his ex wife and in November 2012 I have had enough of it and threw him out. Of course he had just received his temp green card. I was advised to go to USCIS to report that we were no longer together and they told me that I had to wait until his green card expired and of course he had just received it the month prior. The agent at USCIS heard my story and she said that it sounded like he used me to get his documentation and recommended that i write a letter stating what happened and also stating that I am withdrawing my sponsorship for my husband due to infidelity. We have remained separated since Nov 2012 and I have since filed for divorce and he has prolonged the process asking for a DNA for our son (that he has not seen in over a year and has not given one penny to help support). The test proved that our son is indeed his and now Im waiting for another court date for custody. I am also waiting for an appointment date from immigration for the second green card which I have not received. My question is, since I will not be going to the appointment for the second green card what does that mean for my soon-to-be ex husband. I don't want him to gain visitation of our son because he will stress my 5 year old son that he hasn't seen already for a year and if he will be deported I don't want to cause my son any more grief. It wouldn't be benefiting anyone but my ex husband and I don't want that. When should I be getting an appointment notice or will one be sent since I submitted a written withdraw of my sponsorship?

[rayb]

If your husband submitted an I-751 based on a waiver from joint filing because of your divorce, you will not be getting an appointment notice to go to his interview.

It sounds as if your divorce is not final, so the I-751 was probably submitted from both of you with your signature, and he will receive an appointment notice and you will be expected to be at the interview.

You cannot withdraw your sponsorship, except under extraordinary circumstances when evidence of fraud by the Green Card applicant is very obvious to USCIS staff.

--Ray B

I have been married to my current husband since June 2011. We were married after his divorce from his first wife (form his country of birth) was finalized. We were together for about three years before his divorce went through and had our son during the relationship. Also during the relationship, he and I had issues with him returning the his ex-wife and we would break up and he would return to me saying that he wanted to make it work for our son and we would get back together. The year before we got married in June 2011 he changed his ways and everything was good so when his divorce was finalized was decided to get married. A few months after we married we decided to submit his paperwork for his green card. I noticed that we started to have problems again when he received his work authorization and his social security card and by the time he received his green card I found that he was cheating on me again with his ex wife and in November 2012 I have had enough of it and threw him out. Of course he had just received his temp green card. I was advised to go to USCIS to report that we were no longer together and they told me that I had to wait until his green card expired and of course he had just received it the month prior. The agent at USCIS heard my story and she said that it sounded like he used me to get his documentation and recommended that i write a letter stating what happened and also stating that I am withdrawing my sponsorship for my husband due to infidelity. We have remained separated since Nov 2012 and I have since filed for divorce and he has prolonged the process asking for a DNA for our son (that he has not seen in over a year and has not given one penny to help support). The test proved that our son is indeed his and now Im waiting for another court date for custody. I am also waiting for an appointment date from immigration for the second green card which I have not received. My question is, since I will not be going to the appointment for the second green card what does that mean for my soon-to-be ex husband. I don't want him to gain visitation of our son because he will stress my 5 year old son that he hasn't seen already for a year and if he will be deported I don't want to cause my son any more grief. It wouldn't be benefiting anyone but my ex husband and I don't want that. When should I be getting an appointment notice or will one be sent since I submitted a written withdraw of my sponsorship?