USC filing for sons and attorney refuses to file! Any thoughts???

T

tkbbw

Registered Users (C)
Hello all!
Hoping for advice for you all regarding my attorney visit yesterday. I am a USC since 1/2011 based on marraige ( 9 yrs now). I went to file for my sons. Attorney is well respected immigration attorney so I came in with all my info, ready to file. What he said to me put me into shock as he refused my case!
What have I done wrong? Someone tell me please? He says I have many red flags and I could lose my citizenship. HUH? Here we go:
1) Have been married 9 years, own two homes with my wife, file seperate tax returns. (always have, she doesnt want to be involved with I 864 so she thought this was best)
2) She refuses to sign I 864 as she doesnt want responsibility. I make enough money but lawyer says she MUST sign. (?)
3) I work out of state now as I lost my job back home and almost lost everything. I am making decent money now. Why am I not with my wife?
4) I told him I live with a "friend" and he went nuts...guess he assumed woman, which is true but she is 80, I am 47. I help her out due to her failing health and she gives me a room.
5) Why have my sons never spoken to my wife or know her? I havent seen my sons for 13 years due to money early on. Now I CAN proceed and I am told I am suspicious.
6) What is my relationship with my ex back home? He assured me INS will investigate.
7) Why do I continue to send money to my ex when my sons are raised? (19 and 20)
8) Why is the oldest one not working or attending school? I explained the economy there but he just looked at me strange. My younger son attends University.
9) He stated that when the boys are interviewed that if it is found there is a relationship with the ex I am toast.
He told me he wants to protect my citizenship. Then he tells me if the marraige isnt good, get a divorce.
My head is still spinning. He said for 5 years after naturalization I am at risk. Any comments, thoughts would be appreciated.
Thanks in advance.
 
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tkbbw said:
Hello all!
Hoping for advice for you all regarding my attorney visit yesterday. I am a USC since 1/2011 based on marraige ( 9 yrs now). I went to file for my sons. Attorney is well respected immigration attorney so I came in with all my info, ready to file. What he said to me put me into shock as he refused my case!
What have I done wrong? Someone tell me please? He says I have many red flags and I could lose my citizenship. HUH? Here we go:
1) Have been married 9 years, own two homes with my wife, file seperate tax returns. (always have, she doesnt want to be involved with I 864 so she thought this was best)
2) She refuses to sign I 864 as she doesnt want responsibility. I make enough money but lawyer says she MUST sign. (?)
3) I work out of state now as I lost my job back home and almost lost everything. I am making decent money now. Why am I not with my wife?
4) I told him I live with a "friend" and he went nuts...guess he assumed woman, which is true but she is 80, I am 47. I help her out due to her failing health and she gives me a room.
5) Why have my sons never spoken to my wife or know her? I havent seen my sons for 13 years due to money early on. Now I CAN proceed and I am told I am suspicious.
6) What is my relationship with my ex back home? He assured me INS will investigate.
7) Why do I continue to send money to my ex when my sons are raised? (19 and 20)
8) Why is the oldest one not working or attending school? I explained the economy there but he just looked at me strange. My younger son attends University.
9) He stated that when the boys are interviewed that if it is found there is a relationship with the ex I am toast.
He told me he wants to protect my citizenship. Then he tells me if the marraige isnt good, get a divorce.
My head is still spinning. He said for 5 years after naturalization I am at risk. Any comments, thoughts would be appreciated.
Thanks in advance.
Click to expand...

You do present many red flags that indicate that your marriage to the USC was fraud for immigration status. It is highly suspicious and fits the profile of a fake divorce from the first (real wife) followed by an immigration sham marriage. You do not live with your spouse and are in a different state.

Your attorney (or your summation) is wrong in one respect. There is no statute of limitations to charging you with immigration and naturalization fraud.

Read about a high profile case or two:
http://en.wikipedia.org/wiki/John_Demjanjuk
http://www.nytimes.com/2008/04/12/us/12naturalize.html?pagewanted=all
 
I understand it looks that way, but is not. I wouldve divorced her years ago if that was the reason. I read all the time how people are married less than 3 years and wait 5 and go on to become naturalized, then bring their kids here. I was married to her 8 years when I naturalized. I lived with her when I was not working out of state and went home for visits in between. We were married 4 years before we made the decision for me to move out of state for income. I came back a year later and stayed with her over a year and we almost ended up going bankrupt because of work. I then moved back out of state to my old job.
So why did he suggest divorce? I didnt get that either. Spoke with my wife last night and she told me to divorce her if thats what it takes but she will not sign the i864 as she doesnt want the responsibility at her age. (58) I respect that as well.
So where does this leave me? I can never file for my sons without a possible denaturalization based on red flags ?? What direction do I take here?
My wife says file for the divorce. Doesnt that mess things up? If I move back home I will not earn the money so then wont qualify that way.
I dont understand. People divorce and naturalize and bring their kids all the time.
I am sorry if I am rambling but I am sitting here in shock at this point. I respect the attorney for being upfront but he has my head spinning.
Input please? Thanks for helping.
 
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I was married to her 8 years when I naturalized. I lived with her when I was not working out of state and went home for visits in between.
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If you applied for naturalization based on the 3 year marriage rule, and were living separately during the naturalization process but did not inform the interviewer about this, your citizenship is in jeopardy.

7) Why do I continue to send money to my ex when my sons are raised? (19 and 20)
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What's your answer? They're adults now, if you want to send them money why aren't you sending money directly to them instead of through their mother? Did the divorce settlement require continuing to pay your ex-wife beyond their 18th birthdays?

My wife says file for the divorce. Doesnt that mess things up? If I move back home I will not earn the money so then wont qualify that way.
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Don't divorce if you have a genuine marriage. Divorce would make things worse. If you can't move because of your job, why doesn't your wife move in with you?
 
naturalization was based on 5 years. Yes we were living together at that time.
My wife has been working in a factory for many years and is close to retirement. Her elderly parents live nearby and are dependent for her assistance. My stepson also lives with her. Not possible for her to relocate.
The lawyer was the one who mentioned divorce. Maybe he thought would be better for filing for the boys since I am working out of state. I am now working for the local hospital and going to pursue my nursing degree. I cannot get this opportunity back home.
You are right the money should go to my sons but as they live with their mother I send it to her for roof expenses. I come from a very economically depressed area and just figured she can manage the money better. There is no work. My younger son attends University and the younger one cannot find work.
So if I take a chance to bring them here I can lose my citizenship and if I dont file my sons will never have their GC. Is that where I stand?
Is there any options here?
 
tkbbw said:
You are right the money should go to my sons but as they live with their mother I send it to her for roof expenses. I come from a very economically depressed area and just figured she can manage the money better.
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Avoid the appearance of an ongoing relationship or financial support for your ex. Stop sending her the money; send the money to your sons and then they can give an appropriate portion of the money to their mother for living expenses. And if there are tuition fees you can probably write a check directly to your son's university instead of giving his mother the money and then having her pay the university.

So if I take a chance to bring them here I can lose my citizenship and if I dont file my sons will never have their GC. Is that where I stand?
Click to expand...

I don't think it's that bad. The burden of proof is very high on the government if they want to revoke citizenship, and with what you've explained your citizenship should be intact even if you have some hassles along the way for your sons' green cards. But if you ever divorce and file to sponsor your ex-wife, that's when you'd really have to fear for your citizenship, as that would be like the classic chain-marriage fraud situation.
 
Thank you for your input, I feel like there is indeed hope.
I will do just as you said and send the money to my sons or my mom.

What do you think about lawyers suggestion of divorcing present wife? I think he is trying to say divorce would close that chapter with immigration, ie, working out of state, how long, etc etc. He had said then I could proceed with the filing.

If I return home and reside with her, do the red flags go away? (she will still refuse to sign I864)

I am thinking if I do divorce, I could perhaps bring them here for a visit? (after divorce papers or filed or divorce granted?)
I know this is an attorney question, but in your experience is 18 months after naturalization a "safe" amount of time to file for divorce?

There was so much information from the lawyer yesterday my head was spinning. I didnt even think to ask the other questions and input from this board is helping me put things in perspective.

Thank you again!
 
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tkbbw said:
Thank you for your input, I feel like there is indeed hope.
I will do just as you said and send the money to my sons or my mom.

What do you think about lawyers suggestion of divorcing present wife? I think he is trying to say divorce would close that chapter with immigration, ie, working out of state, how long, etc etc. He had said then I could proceed with the filing.

I am thinking if I do this I could perhaps bring them here for a visit? (after divorce papers or filed or divorce granted?)
Do you have any idea how long is a reasonable time after the naturalization I could safely file for divorce? (it has been 18 months)

There was so much information from the lawyer yesterday my head was spinning. I didnt even think to ask the other questions and input from this board is helping me put things in perspective.
I am a nervous wreck to do anything!
Hope to hear back
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To get the process started, you need to file I-130s for each son and it will lock in the IR-2 classification. It will take at least 6 months to get the approvals and they can take a year just to file for visas and then that processing begins. In the meantime, you can be working on the I-864 paperwork and income issues.
 
Hi Big Joe,
That is why I went to lawyer and he refused to file for my sons. My previous posts indicate all the reasons why. He said I could be investigaged for marriage sham which is totally untrue but if I got a lawyer who is one of the best and is afraid to file for fear of repercusions for me, I have to take stock of what he is saying.
Now I wont get my son filed before 21 so he will have to wait. But what is my next move?
He suggested divorce, that would be uncontested but I think you have to be seperated 2 years which I have not been. More wait time to file for my son's.
Go back to my home state to my wife and I wont earn enough money to sponser them, and no co sponser. My wife will not relocate due to her job, son, and elderly parents.
I have had my citizenship 18 months now and really dont know which way to turn.

Thank you for any suggestions anyone may have. Greatly appreciated.
 
Son

When will the eldest son become 21? You may wish to file I-130 ASAP to protect him from aging out (CSPA).
 
Hi
I tried, very well respected immigration lawyer refuses to file due to too many red flags ( take a look at the laundry list on this thread)
He said things have to be straightened out so there is no risk. He said to go get another opinion and even gave me a name but warned me of the potential dangers if I move forward at this point.
I dont see anyway I can without jeopardizing what I worked 13 years to get, my citizenship.
Just when u think its over, it starts all over again.
 
It is very difficult to revoke citizenship; they need "clear and convincing" evidence, not just red flags, and they must take you to Federal court. If they want to revoke somebody's citizenship for a sham marriage there are thousands of people to builder stronger case against than yours, like those who divorced immediately after getting citizenship via the 3-year rule. You got citizenship via the 5-year rule, which doesn't require you to be still married to or living with your USC spouse during the process. Unless you failed to list your sons during the green card process or naturalization, the chances of losing your citizenship or even having USCIS attempt to revoke your citizenship are very very low.

It's good that you consulted the lawyer and found out about the potential issues; but now it's time to go ahead an apply for your sons without the lawyer. Most people don't use a lawyer for the I-130. Bring a lawyer into the picture later in the process only if USCIS is giving you trouble. The focus of your sons' green processes will be your relationship with your sons, not your marriage. That includes financial support for them while growing up, and now that they're young adults if you're sending money you should be sending the money directly to them so they can present their bank statements or other records showing that they're receiving the funds from you; don't send the money indirectly through their mom or your mom unless they start wasting the money instead of saving it or using it for paying the bills.

Meanwhile, now that the economy is picking up and adding jobs every month, keep applying for jobs in the state where your wife lives and you might actually get one that enables you to afford to move back.
 
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Thank you very much for your encouragement. I have always supported my sons, in fact at my naturalization interview, the interviewer was quite impressed that I had receipts for substantial regular payments without any court order for years.

As far as moving back to Ohio, I will be entering the nursing program here which will put me on a path to a solid monetary future. i work 60 hours a week right now to earn enough so everyone has. Back home I would not be given tuition reimbursement or the salary.

I have done nothing wrong, and I feel that if my wife and I are in agreement to this arrangement, why am I being treated like I have?
I waited years to become a citizen and now that I am one, I believe I should be afforded the same treatment every other citizen is.
I know many people who are working out of state and making visits home, the economy has made it this way. At least I am working!
I think its ridiculous it is suggested I divorce my wife when we had no plans of divorce simply because something to the lawyer doesnt "smell right.

What really blew my mind is he told me he would not file for me, to find another lawyer and that I needed one to do the I 130 and "good Luck
I had the forms already done and docs all completed, all I wanted is for him to take a look at them. We didnt even get that far.

[B]So please tell me, do I need to change the address from Ohio to Nj with INS? I put the NJ address on the I 130 but wasnt sure how I should handle that.
That was my main question, the reason I went to him. He also told me my wife had to sign the affad of support and when I questioned him on why because I earned enough for all of us, he looked at my tax returns and handed them back and said, "she has to sign it because she is your wife, and it is another red flag she doesnt want to" Is that true?

He also said my kids (19, 20 ) will be questioned thouroughly to investigate WHY they never spoke with my wife, what the relation is between me and their mother, etc etc. That blew my mind too as I dont understand why they would do that to them. It is true I have shielded them from a lot as they were young when I remarried and it was bad enough I wasnt there with them.
Lawyer said this interviewing will be done in my home country and will investigate my entire family. What do they have to do with it? I thought this was a simple process but he said the red flags make it a complicated process.

I need to do this quickly as my oldest son turns 21 in June. He told me "not gonna happen" when I asked why not if I have everything done, right now. He said "has to be approved not just filed" He got real annoyed when I challenged him with CSPA protection laws.

Thanks again for your ear and your time. Looking forward to suggesting how to handle this filing, I will do it myself.
 
I am sure your mind is blown, quite literally. However look at it this way, this attorney was scrupulous enough not to just take your money and promise you the moon. We need more of his kind!!
tkbbw said:
Thank you very much for your encouragement. I have always supported my sons, in fact at my naturalization interview, the interviewer was quite impressed that I had receipts for substantial regular payments without any court order for years.

As far as moving back to Ohio, I will be entering the nursing program here which will put me on a path to a solid monetary future. i work 60 hours a week right now to earn enough so everyone has. Back home I would not be given tuition reimbursement or the salary.

I have done nothing wrong, and I feel that if my wife and I are in agreement to this arrangement, why am I being treated like I have?
I waited years to become a citizen and now that I am one, I believe I should be afforded the same treatment every other citizen is.
I know many people who are working out of state and making visits home, the economy has made it this way. At least I am working!
I think its ridiculous it is suggested I divorce my wife when we had no plans of divorce simply because something to the lawyer doesnt "smell right.

What really blew my mind is he told me he would not file for me, to find another lawyer and that I needed one to do the I 130 and "good Luck
I had the forms already done and docs all completed, all I wanted is for him to take a look at them. We didnt even get that far.

[B]So please tell me, do I need to change the address from Ohio to Nj with INS? I put the NJ address on the I 130 but wasnt sure how I should handle that.
That was my main question, the reason I went to him. He also told me my wife had to sign the affad of support and when I questioned him on why because I earned enough for all of us, he looked at my tax returns and handed them back and said, "she has to sign it because she is your wife, and it is another red flag she doesnt want to" Is that true?

He also said my kids (19, 20 ) will be questioned thouroughly to investigate WHY they never spoke with my wife, what the relation is between me and their mother, etc etc. That blew my mind too as I dont understand why they would do that to them. It is true I have shielded them from a lot as they were young when I remarried and it was bad enough I wasnt there with them.
Lawyer said this interviewing will be done in my home country and will investigate my entire family. What do they have to do with it? I thought this was a simple process but he said the red flags make it a complicated process.

I need to do this quickly as my oldest son turns 21 in June. He told me "not gonna happen" when I asked why not if I have everything done, right now. He said "has to be approved not just filed" He got real annoyed when I challenged him with CSPA protection laws.

Thanks again for your ear and your time. Looking forward to suggesting how to handle this filing, I will do it myself.
Click to expand...
 
Just file the I-130s for now. You have explained away concerns and should be OK. Time is being wasted and ask with everything the fees USUALLY only go up. USCIS adjusts fees every two years and guess which year this is! The last fee adjustment was in 2010. THIS issue seems to be a current concern for you.....
 
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