I-360 from the other view

namron

New Member
I totally understand and agree with the need for the I-360 process to assist the immigrants who are brought to this country and truly abused. I know their numbers are probably high. Maybe I am the exception to the rule. I brought my wife to this country, took care of her , treated her as a queen and was a good father to our son. I filed all the forms through the USCIS for her I-130. We were married in her country. Soon after my wife found out everything had been approved except the adjudication interview. She ran away with our son while I was at work and took everything affiliated with him. She did not know the interview was the last step. Well I hired an investigator and found her a few states over, filed for divorce and went and got our son who resides with me. I later cancelled the divorce (stupid). I withdrew all the immigration documentation and the case was closed and she was issued a get out of the country letter. Naturally she did not leave. Well I get a email from USCIS that the case was reopened by a USCIS motion 6 months ago. It took that long for someone at USCIS to tell me why it was reopened even with all my letteres to reclose it. It was opened again with a I-360 so I was told by an agent. Natrually she would not disclose anything else, but she did say it looked like it was going to be approved. I was SHOCKED when I looked up the form and saw it was for ABUSED immigrants. There was never anytype of abuse , mental or physical. There were natrually no reports or witnesses. I tend to be sensitive to abuse because I am a trained therapist. But anyway, I know there is nothing I can do to affect the status of the USCIS approving the I -360 for my wife. That burns me but I guess I understand. Yes, she is still my wife, I thought she would return. OK , I am a moron :). I will now file for the divorce and fight to keep our son. I am already a single father from another bad judgement. For me, I do not want my name floating around the government or anywhere else as a abuser. I looked at the form and it ask for the abusers name and I beleive ssn #, I could be wrong on the ssn #. But what the heck, they know if I am her husband and what my ssn # is. It is a character thing with me and I hate the fact that I am tied to something like abuse. Do I have any recourse at all for me. I see I have no due process in this scenario. It scares me that she can convince the USCIS with lies and fabrications, what she may be able to do in a custody court. My character and being a good father is all I care about now. Any suggestions or help would be greatly appreciated. I know I am not the only good person who has been USED this way.
 
namron said:
I totally understand and agree with the need for the I-360 process to assist the immigrants who are brought to this country and truly abused. I know their numbers are probably high. Maybe I am the exception to the rule. I brought my wife to this country, took care of her , treated her as a queen and was a good father to our son. I filed all the forms through the USCIS for her I-130. We were married in her country. Soon after my wife found out everything had been approved except the adjudication interview. She ran away with our son while I was at work and took everything affiliated with him. She did not know the interview was the last step. Well I hired an investigator and found her a few states over, filed for divorce and went and got our son who resides with me. I later cancelled the divorce (stupid). I withdrew all the immigration documentation and the case was closed and she was issued a get out of the country letter. Naturally she did not leave. Well I get a email from USCIS that the case was reopened by a USCIS motion 6 months ago. It took that long for someone at USCIS to tell me why it was reopened even with all my letteres to reclose it. It was opened again with a I-360 so I was told by an agent. Natrually she would not disclose anything else, but she did say it looked like it was going to be approved. I was SHOCKED when I looked up the form and saw it was for ABUSED immigrants. There was never anytype of abuse , mental or physical. There were natrually no reports or witnesses. I tend to be sensitive to abuse because I am a trained therapist. But anyway, I know there is nothing I can do to affect the status of the USCIS approving the I -360 for my wife. That burns me but I guess I understand. Yes, she is still my wife, I thought she would return. OK , I am a moron :). I will now file for the divorce and fight to keep our son. I am already a single father from another bad judgement. For me, I do not want my name floating around the government or anywhere else as a abuser. I looked at the form and it ask for the abusers name and I beleive ssn #, I could be wrong on the ssn #. But what the heck, they know if I am her husband and what my ssn # is. It is a character thing with me and I hate the fact that I am tied to something like abuse. Do I have any recourse at all for me. I see I have no due process in this scenario. It scares me that she can convince the USCIS with lies and fabrications, what she may be able to do in a custody court. My character and being a good father is all I care about now. Any suggestions or help would be greatly appreciated. I know I am not the only good person who has been USED this way.

If the marriage was in bona-fide from both sides, then she has the right to remain in this country.
If she did what you're saying she did, then you have other ways to obtain justice. Sometimes there's something worse than deportation.
Good luck to you and your son.
 
????

namron said:
Well I hired an investigator and found her a few states over, filed for divorce and went and got our son who resides with me. I later cancelled the divorce (stupid). I withdrew all the immigration documentation and the case was closed and she was issued a get out of the country letter. Naturally she did not leave.

Please take a moment to think, it is her son too?! You took the child and you wife/the child's mother is being deported. You withdraw your divorce and she can neither remarry here nor remain in US temporarily for a chance to keep/share the child. Don't you think it's a little too cruel? Or, you haven't told the whole story.
 
sarrebal said:
If the marriage was in bona-fide from both sides, then she has the right to remain in this country.
If she did what you're saying she did, then you have other ways to obtain justice. Sometimes there's something worse than deportation.
Good luck to you and your son.

The same thing happened to me, I brought my fiance on a k-1 visa then we later got married, right after he got his EAD he moved out. When he realised that he wasn't going to have his green card without me then he went and filed the I-360. In my case eventhough I sent several letters to INS, they never answered. I don't know what's going on with his case, but he has not receive any green card yet. I know exactly how you feel and I share your pain.
 
Well in my case she will get her Green Card. I am sure this happens quite a bit, but I am sure the deserving people for a I-360 outnumbers the undeserving. Its just frustrating being unjustly on the short end of the stick for doing what is right. Thanks for your post.
 
I totally agree with you about it being her son. That is why she is able to spend time with him anytime she chooses to make the drive down. I just stay around to ensure she does not dip again. I did not get anyconsideration from her when she left and hid the child from me. She will not be deported, even with no documentaion in the system she would have not been deported. She would have just been undocumented. She has everything already, car, license, credit cards, etc...
It is not as bad a situation as you think for her, she lives with friends and works. Either she is incredible lucky or it was planned with her fellow countrymen friends.

Why does it have to be something missing from the story. Why can't a man or woman do the right thing and not be questioned in this society. What would I have to gain from the members of the board even if I lied? Sympathy and empathy will not change or help my situation. It was a request for help if anyone has a similiar experience. But thank you for the response. I do not punish her by not seeing or having contact with her child, as she tried to do against me.
 
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