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.
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.