Possible divorcee :(

[volante]

Hi all!

In order for me to more effectively ask my question, I shall provide a
brief background...

6 years ago I vacationed here from Australia and married a US citizen.
We filed for me to become a LPR (Lawful Permanent Resident) via AOS
(Adjustment Of Status, I-130 / I-485). We also have a child together.
About 3 years later, we received notice that since the USCIS feel that
our marriage is a "sham", they wish to have me removed from the
country. My wife and I hired lawyers to defend these charges, and allow
me to stay here with my family. Since that time we have re-filed an
I-130, and had it approved, however since I am in removal proceedings,
my subsequent I-485 filing can only be decided upon by an Immigration
Judge.

Problem...
My marriage has had it's fair share of problems, but it seems likely
now that we will divorce before too long My fear is that if we
divorce, USCIS will have me removed from USA, and I will no longer be
able to see my daughter. I desperately want to parent my daughter, and
to do so, wish to stay here.

Question...
If my wife refuses to help me with my Immigration process (which she
has already threatened to do), is there any mechanism to become a LPR
on the basis that my 5 year old daughter is a US citizen, or must I
bring her to Australia (taking her ridiculously far from her mother) in
order to be her parent?

Please advise.

All replies are greatly appreciated.

 

[zombie2006]

Hi Volante,

I don't know the procedure of you getting a GC but try to work out things between you and your wife. Divorce should be the last resort. Already you are in the removal process so why do you want to take chances.Why don't you guys try to sort out things. Try to work things out atleast for your love for your daughter.

Well its just my opinion.....am sorry if i offended you.

Good Luck

 

[volante]

Zombie,

I will continue to try and work things out with her, and will not file for divorce. Not for the immigration status, but primarily for the sake of the family/our daughter.

I was not offended at all, and appreciate the concern you had.

My concern was based more on the possibility of her initiating a divorce and also withdrawing her support of my immigration status, regardless of the efforts I will make in repairing our marriage.

V

 

[princesskate]

About 3 years later, we received notice that since the USCIS feel that
our marriage is a "sham", they wish to have me removed from the
country.

Under what circumstances did USCIS believe that your marriage is fraud? Did they provide any evidence/reason?

 

[machelon]

so you when you filed to remove the conditions of your GC (2 years after you got married) they aproved it without a problem...but a year later...they told you they'll deport you....wow...what reasons did they give?

I don't doubt you...i actually hope for you and your family you'll find a way to fix this.

seems hard....
I'd say try to stay married..work things out...and ask the judge to re-instate your original Gren Card...so that you can become a citizen (counting the years you were already a LPR)...so that way you can stay here and care for your daughter.
Get a really good lawyer...I know a good one in San Francisco...Lawler Lawler
Wish you the best.

 

[volante]

Under what circumstances did USCIS believe that your marriage is fraud? Did they provide any evidence/reason?

In October 2004 the INS attempted to send me a 'Notice Of Intent To Deny', however, my mailman finds it near impossible to correctly deliver mail, and therefore I never saw the letter. How do I know this? In Febuary of 2005 I visited my local INS office to find out what was going on with my application, and was informed at that time that they attempted to deliver the letter to me, but it was returned undeliverable (despite my name being plastered all over the mailbox, and I never have changed my address. I asked for this letter, and was denied it. I was told that I would receive yet another letter in the mail soon. When this second letter did arrive, it was notification of commencement of removal proceedings, on the basis my marriage was deemed a 'sham'.

Further attempts by me to have USCIS elaborate on this, and provide reasons/evidence of their opinion have been futile. I just get told 'you will find out in your hearing'.

I wish I knew the answer to that question also, I could actually prepare some kind of effective defence from whatever nonsense it is.

 

[volante]

so you when you filed to remove the conditions of your GC (2 years after you got married) they aproved it without a problem...but a year later...they told you they'll deport you....wow...what reasons did they give?

I am sorry if I was unclear. I have never received a green card. In fact, I have yet to successfully adjust my status at all since arriving in the country in 2000, marrying in 2000, and filing for AOS in 2000. The only dealings with the INS I have had since filing for my AOS, was for the INS to renew my EAD on a yearly basis.

I don't doubt you...i actually hope for you and your family you'll find a way to fix this.

Thank you very much. So do I. It will ruin me if I cannot be with my baby girl. I love her so much.

Get a really good lawyer...I know a good one in San Francisco...Lawler Lawler
Wish you the best.

Again. thank you. I had an individual hearing relating to the removal process on 10.6.06 in Boston. I was hoping for my Green Card at that time, however the case was continued for 6 months as my fingerprints were out of date

I currently don't have a valid EAD, and am trying to scrounge up $180 to apply for another one, so I may enjoy the privelage of waiting yet 3 more months to be allowed to work in the USA again, and support my family.

Thank you for your reply.
V

 

[sultan100]

Volante, from your post it looks like it wasn't that you marriage was been taken as a sham marriage but 'deemed' sham proably because the USCIS couldn't get a hold of you. You have a child in this marriage and a wife, even an average person can see that this is not a sham marriage.
The only thing I can suggest you is that without wasitng time hire an attorney and fight the deportation proceedings. It is not even close to impossible to fight deportation since not only that your marriage is genuine but you have a daughter and it will cause hardship for her.
It might sound a lot to you now but do whatever it takes (get a second job or a loan) and hire an attorney and fight it, you can make it!