Spouse threatening - Need help

Here is my suggestion

You should talk to your wife and take your responsibility for your son and your wife if she doesn't have income. Whatever the reason is, abandoning dependents and avoiding responsibilities is illegal. You may face criminal charges for doing what you are doing right now, seriously.

Regarding I485, if one has AP or valid H1b at hand, one can come back USA any time. Otherwise, BCIS will consider the case has been abandoned if the applicant leaves USA.
 
This is serious stuff. Divorce is living hell for a small kid, or for that matter any kid. In such situations each parent thinks that the kid loves him/her more than the other, and will not mind living without the other parent. That is a grave mistake. Kids not only very immature but also very raw and complex. Divorce will almost certainly shock them for the rest for their lives. We came to the US to work on cutting edge projects and earn heaps of money. Let us not forget that bringing up a kid is the most complex, most satisfying, most divine and most rewarding project you will ever undertake. Don’t screw it up. I don’t think there is anything more precious in life than a kid.
I don’t know the exact reason for which you want a divorce. But personally I think marriages that have fallen to the worst depths of hopelessness can be salvaged. Of course there will be effort required from both sides, but with lives at stake that’s the least you can do.
 
Re: Here is my suggestion

Please advise only if you understand legal law my friend,,,,,
Originally posted by MYSBlessed
You should talk to your wife and take your responsibility for your son and your wife if she doesn't have income. Whatever the reason is, abandoning dependents and avoiding responsibilities is illegal.
It is not illegal at all. He has to be served by the court here for it to be legal.

You may face criminal charges for doing what you are doing right now, seriously.
Wrong again. He has not been charged at all.

Regarding I485, if one has AP or valid H1b at hand, one can come back USA any time. Otherwise, BCIS will consider the case has been abandoned if the applicant leaves USA.
Remember that he is the sponsor of her application. She cannot come here if he withdraws the application. She does not have the passport even.
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I came late to this discussion (my wife just had a baby) but I would want to mention one thing:

The original poster CANNOT withdraw his wife's I-485; he is not "sponsoring" her, since she qualifies under her own merits, namely she is the spouse of the holder of an approved immigrant visa petition.

If it turns out that fraud was engaged in during this I-485 withdrawal, this is a very serious issue, since immigration fraud can lead to revocation of permanent residency (even citizenship) and deportation.

I would tread very carefully here.
 
Congrats on your baby..... Must be missing some sleep at night :)

The petitioning spouse can withdraw the petition before the issuance of the green card.
If the wife can show that she was abused then she can keep the petition and go to court. A very difficult case to prove unless there are police complaints etc. to back it up. Most wives have lost such cases. This is something that the congress is looking into but no progress is being made.
If he can just file a divorce back home, he has a genuine reason to withdraw her petition.
Originally posted by TheRealCanadian
I came late to this discussion (my wife just had a baby) but I would want to mention one thing:

The original poster CANNOT withdraw his wife's I-485; he is not "sponsoring" her, since she qualifies under her own merits, namely she is the spouse of the holder of an approved immigrant visa petition.

If it turns out that fraud was engaged in during this I-485 withdrawal, this is a very serious issue, since immigration fraud can lead to revocation of permanent residency (even citizenship) and deportation.

I would tread very carefully here.
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485 can be withdrawn by the primary applicant. My friend married this guy, applied for adjustment of status; he is the primary applicant. After two months, he wanted an annulment because of incompatibility. My friend's adjustment of status application was withdrawn.
 
To sai-2367

"Please advise only if you understand legal law my friend,,,,,"

First, you don't seem to know "legal law". Second, I am not your friend at all and we share no common social value whatsoever. Finally, although I totally have no knowledge about Indian law, I do know that avoiding "duties of support" is facing civil accusation in most states of USA and the obligor may face criminal charges if failing to do so. Although federal law may not address this issue, most (if not all) states clearly addressed this matter.

"It is not illegal at all. He has to be served by the court here for it to be legal. "
"Wrong again. He has not been charged at all."

Just do some research, you will find out. Key Words: duties of support, Spouse's or parent's obligation to support, and Enforcement of support obligations.

"Remember that he is the sponsor of her application. She cannot come here if he withdraws the application. She does not have the passport even."

You are partially right. She is unable to enter USA if he withdraws her I-485 petition. But he will get into something more interesting, such as immgration fraud.

Just for your information, it was fun to talk to you. You are very smart. I have seen some guys smarter than you get into troubles just because they were too smart. USA is the kingdom of freedom but sometimes it may not be completely true for offenders

Watch out and take care!
 
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MYSBlessed - Very well said.

This is a forum not only to post views but also to exchange ideas.And nobody(Read Sai) has any business/Right to say that some one can not advice or give their views.

Its not a strict leagal opinion forum. Sai is wrong in some of his answers and he thinks he is Right always. He has wrong attitude to life.

Thanks
 
Re: To sai-2367

Originally posted by MYSBlessed
"Please advise only if you understand legal law my friend,,,,,"

First, you don't seem to know "legal law". Second, I am not your friend at all and we share no common social value whatsoever. Finally, although I totally have no knowledge about Indian law, I do know that avoiding "duties of support" is facing civil accusation in most states of USA and the obligor may face criminal charges if failing to do so. Although federal law may not address this issue, most (if not all) states clearly addressed this matter.
We agree on this. You do not want to be my friend but we are not enemies either

"It is not illegal at all. He has to be served by the court here for it to be legal. "
"Wrong again. He has not been charged at all."

Just do some research, you will find out. Key Words: duties of support, Spouse's or parent's obligation to support, and Enforcement of support obligations.
Support is only for people living in USA. If she does not live here what law can she use

"Remember that he is the sponsor of her application. She cannot come here if he withdraws the application. She does not have the passport even."

You are partially right. She is unable to enter USA if he withdraws her I-485 petition. But he will get into something more interesting, such as immgration fraud.
Refusing to give her petition is not a fraud

Just for your information, it was fun to talk to you. You are very smart. I have seen some guys smarter than you get into troubles just because they were too smart. USA is the kingdom of freedom but sometimes it may not be completely true for offenders
Always a pleasure to meet interesting people and glad to help with correct facts

Watch out and take care!
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I am part of groups and networks where I meet lots of people. I am only speaking on basis of my conversations with people who have been part of this
 
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rumali09,
Thanks for your feedback. Please do not be angry with me. My friend had been thru. similar pain so I have tried to help this guy thinking that he was my friend. I do not claim to know everything but am willing to help anyone if I can.


Originally posted by rumali09
MYSBlessed - Very well said.

This is a forum not only to post views but also to exchange ideas.And nobody(Read Sai) has any business/Right to say that some one can not advice or give their views.

Its not a strict leagal opinion forum. Sai is wrong in some of his answers and he thinks he is Right always. He has wrong attitude to life.

Thanks
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what is with this fixed marriages...

you indians have...? Is this part of your customs and traditions? If it does, I'm sorry but it sucks!

You working your ass off and then going back to India for a vacation and then, marry to someone whom you're parents fixed for you... I think that's the dumbest and the most moronic thing you can do... You are actually being EXPLOITED by your would-be dependents, your so called wives (or husbands), and you don't even know it....

So sad... for a marriage to at least work, you have to know and learn to love the other person. :eek:
 
Sai

Sai

I am not angry with you. One of your post asked other person to stop expressing his opinion.

My friend is also going through the same problem and he has done the right thing in the right way by talking to his wife, her family and taken mutual consent before filing for divorce.

The person posted opened an emotional part in every one.

Please let others express their opinion.

Nothing personal against you.

Thanks
 
Re: Sai

rumali09,
Unfortunately, sometimes conversations do not work. People have agendas . What is someone supposed to do then. Talking is okay when both partners are rational in their thinking, but alas the situation is not always so.
I asked him to post info. that was accurate as someone is depending on his input. The poster asked for help....

Cheers

Originally posted by rumali09
Sai

I am not angry with you. One of your post asked other person to stop expressing his opinion.

My friend is also going through the same problem and he has done the right thing in the right way by talking to his wife, her family and taken mutual consent before filing for divorce.

The person posted opened an emotional part in every one.

Please let others express their opinion.

Nothing personal against you.

Thanks
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This is happening here

Answer for same question on Nebraska Board

I dont have an answer for your question but I do have a suggestion. Please post this in Vermont board. There are a lot of active participants and you will get more answers than you'll ever need.

P.S: Please keep in mind that once you post the question there you'll soon be left out of the discussion, and dont be surprised if the discussion turns out into something else, totally forgetting the original question. But nonetheless you'll definitely find a good answer for your question.

cmr
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http://boards.immigrationportal.com/showthread.php?s=&threadid=97289
 
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