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ILW.COM Homepage    discuss.ilw.com    discuss.ilw.com    Immigration Discussion    need advice for a friend ( removal proceedings)
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Associate Member
Posted
My friend overstayed her visitor's visa and is married to a green card holder. Her husband was denied US citizenship and is now placed in removable preoceeding due to some misrepresentation discrepancies about obtaining his green card. My friend is still out of status and would like to know what to do. She has two children with him (minors).
Should she divorce him?
If she remarries again to a US citizen would she be able to obtain a green card?
Is there any waivers that her husband may be eligible for to cancel the removal proceedings?
 
Posts: 15 | Registered: 08-19-2009Reply With QuoteReport This Post
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I hope he's seen a lawyer. Assuming the children are USCs and depending on their age and other circumstances, he may be able to get a waiver through them. However, if the removal has to do with fraud or misrepresentation in getting the green card, then he may not be eligible for any waiver. Fraud/misrepresentation is a BIG DEAL.

Your friend shouldn't marry someone just because he or she is a US citizen to get the green card. First, it's illegal and wrong. Second, a lot of suspicions would be raised because she's now married to someone and then divorces him just because he's in removal and then marries a USC.
 
Posts: 187 | Registered: 04-23-2009Reply With QuoteReport This Post
Power Member
Picture of SonofMichael
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quote:
Originally posted by concerned88:Should she divorce him? If she remarries again to a US citizen would she be able to obtain a green card?


TRUE LOVE !!!
 
Posts: 4562 | Registered: 05-30-2006Reply With QuoteReport This Post
Tak
Senior Member
Picture of Tak
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Your friend should stand by her husband in his difficult time.
 
Posts: 547 | Location: Brooklyn | Registered: 09-08-2003Reply With QuoteReport This Post
Power Member
Picture of Someone12
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Yet another trailer dweller who wants to help a visa cheat.....why????? Why do we need scam artists in our country? This enema bag cleaner scammed his way to the US....so who needs him? This is his fault, not the fault of our laws nor our immigration officials....just this douchebag who tried a scam and lost....good riddance....and if you are so concerned about this clown, join hands with him and go back to his country and enjoy life there.
 
Posts: 4009 | Registered: 09-10-2003Reply With QuoteReport This Post
Power Member
Picture of MakeItRight!
Posted Hide Post
quote:
Originally posted by SonofMichael:
quote:
Originally posted by concerned88:Should she divorce him? If she remarries again to a US citizen would she be able to obtain a green card?


TRUE LOVE !!!


LOL!!!

When does the donnybrook End???


USC and Legal, Honest Immigrant Alike Must Fight Against Those That Deceive and Disrupt A Place Of Desirability! All Are Victims of Fraud, Both USC and Honest Immigrant Alike! The bad can and does make it more difficult for the good! Be careful who you blame!!!
kami ay nanonood!!!
 
Posts: 7438 | Registered: 05-03-2008Reply With QuoteReport This Post
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Picture of federale86
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Marriage to a USC is the only option unless she claims irreperable harm to her children if she is deported.
 
Posts: 2374 | Registered: 08-19-2008Reply With QuoteReport This Post
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you don't understand the whole thing. He lied to her that he was a citizen and convince her to overstay her visa because he could file for her. She found out later after marriage and a child that he wasn't and could not file for her. He tries to get the citizenship before she found out but he was denied and now placed in removal proceeding. I know she loves him but she is thinking of the 2 small children and herself too. She doesn't want to be in removal too. thats why she wanted to get out of the marriage b4 they zero in on her. Also they are both from different countries ... so being both deported will not make them be together either
 
Posts: 15 | Registered: 08-19-2009Reply With QuoteReport This Post
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I would still not tell your friend to get married to a USC just to get benefits b/c her case will get more scrutiny than others.

How long has she been here?
 
Posts: 187 | Registered: 04-23-2009Reply With QuoteReport This Post
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quote:
Originally posted by Mrs. Mani:
I would still not tell your friend to get married to a USC just to get benefits b/c her case will get more scrutiny than others.

How long has she been here?


She has been here 2 years.

What if she just leave and not remarried til she find someone else in the future.
Becasue her husband did her bad.. he lied , he emotionally abuses her, cheats etc
Howevevr he has not been physical abusive. She love him and wanted it to work but she was thining of leaving him long b4 the removal proceedings. He is not the man he say he is when she marry him.

By the way would she quailfy to apply for VAWA? Bearing in mind that he did not physically abuse her, just the other things mentioned.
 
Posts: 15 | Registered: 08-19-2009Reply With QuoteReport This Post
Associate Member
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quote:
Originally posted by concerned88:
quote:
Originally posted by Mrs. Mani:
I would still not tell your friend to get married to a USC just to get benefits b/c her case will get more scrutiny than others.

How long has she been here?


She has been here 2 years.

What if she just leave and not remarried til she find someone else in the future.
Becasue her husband did her bad.. he lied , he emotionally abuses her, cheats etc
Howevevr he has not been physical abusive. She love him and wanted it to work but she was thining of leaving him long b4 the removal proceedings. He is not the man he say he is when she marry him.

By the way would she quailfy to apply for VAWA? Bearing in mind that he did not physically abuse her, just the other things mentioned.
 
Posts: 15 | Registered: 08-19-2009Reply With QuoteReport This Post
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If she leaves, she's subject to a 10 year bar. She may be eligible for VAWA but because she does not have status, she should definitely not call USCIS to ask them about it or file any forms. She should see an immigration attorney familiar with VAWA or go to a community outreach program or shelter for abused women to see if she can get help.

The fact that her husband held out he was a citizen when he wasn't in order to string his wife along and the fact htat he emotionally abused her are grounds for a VAWA.
 
Posts: 187 | Registered: 04-23-2009Reply With QuoteReport This Post
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more like "waaa waaa...gimme a visa....waaa waaa"....NO MORE VISA CHEATS IN AMERICA!
 
Posts: 4009 | Registered: 09-10-2003Reply With QuoteReport This Post
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quote:
Originally posted by Mrs. Mani:
If she leaves, she's subject to a 10 year bar. She may be eligible for VAWA but because she does not have status, she should definitely not call USCIS to ask them about it or file any forms. She should see an immigration attorney familiar with VAWA or go to a community outreach program or shelter for abused women to see if she can get help.

The fact that her husband held out he was a citizen when he wasn't in order to string his wife along and the fact htat he emotionally abused her are grounds for a VAWA.



thanks for info
 
Posts: 15 | Registered: 08-19-2009Reply With QuoteReport This Post
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quote:
Originally posted by Someone12:
more like "waaa waaa...gimme a visa....waaa waaa"....NO MORE VISA CHEATS IN AMERICA!


Grow up and get a life

You are not a victim so u wouldn't understand
If you have nothing helpful to say , then be quiet
 
Posts: 15 | Registered: 08-19-2009Reply With QuoteReport This Post
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Go ahead and try vawa, you'll get deported that much quicker. The guy has to be a legal resident at minimum for that to work. Plus it has to be proven. It appears he isn't legal, doubtful provable given the underlying interest given.




The moment you capitulate to lawlessness you've lost your civility.

 
Posts: 9112 | Location: San Diego, or near by. | Registered: 06-08-2007Reply With QuoteReport This Post
Power Member
Picture of 4now
Posted Hide Post
quote:
Originally posted by concerned88:
you don't understand the whole thing. He lied to her that he was a citizen and convince her to overstay her visa because he could file for her. She found out later after marriage and a child that he wasn't and could not file for her. He tries to get the citizenship before she found out but he was denied and now placed in removal proceeding. I know she loves him but she is thinking of the 2 small children and herself too. She doesn't want to be in removal too. thats why she wanted to get out of the marriage b4 they zero in on her. Also they are both from different countries ... so being both deported will not make them be together either



Too many conclusions being jumped to here.
Sorry, but it sounds like your friend married mostly for the greencard legality issue. Certainly it does not sound like a marriage as she is not standing behind him to continue to be a wife just because he cannot make her legal Roll Eyes And now is quickly looking for the "NEXT" that can make her legal.

I feel bad for the guy that wanted her so much that he had to lie to get her to marry him because he knew that she would not marry him if he could not get her papers. And the issue about living in 2 differnet countries is WHAT?

He can petition for her from his country to come live with her there. Oh..I forgot, she is not interested in the husband... it is the usa that she is worried about to stay here. Poor guy.

Now what you need to do concerned88 is find out exactly what the fraud was that caused his citizenship to be denied and greencard to be revoked. It could be something fairly simple like he previ0usly had his conditions removed from a joint 751 petition when he had already been divorced or seperated. This type of thing will surface and come to light when n-400 is applied for. He may just have to file a 751 waiver (if that is the case) and get an approved permanent resident card. then he can apply for the n-400 and possibly get his citizenship to be able to make her legal.

Find the facts and a possible solution that would sovle immigration and marriage problem at same time.
 
Posts: 4563 | Registered: 09-27-2003Reply With QuoteReport This Post
Power Member
Picture of 4now
Posted Hide Post
quote:
Originally posted by davdah:
Go ahead and try vawa, you'll get deported that much quicker. The guy has to be a legal resident at minimum for that to work. Plus it has to be proven. It appears he isn't legal, doubtful provable given the underlying interest given.


He WAS a legal resident at the time that he married her.

I do not see how she can say that she was emotionally abused if in fact she was not. What does his status have to do with bonafide marriage? Wink It only proves that she would not have married him if she knew he could not secure a greencard for her.
 
Posts: 4563 | Registered: 09-27-2003Reply With QuoteReport This Post
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Posted Hide Post
quote:
Originally posted by 4now:
quote:
Originally posted by concerned88:
you don't understand the whole thing. He lied to her that he was a citizen and convince her to overstay her visa because he could file for her. She found out later after marriage and a child that he wasn't and could not file for her. He tries to get the citizenship before she found out but he was denied and now placed in removal proceeding. I know she loves him but she is thinking of the 2 small children and herself too. She doesn't want to be in removal too. thats why she wanted to get out of the marriage b4 they zero in on her. Also they are both from different countries ... so being both deported will not make them be together either



Too many conclusions being jumped to here.
Sorry, but it sounds like your friend married mostly for the greencard legality issue. Certainly it does not sound like a marriage as she is not standing behind him to continue to be a wife just because he cannot make her legal Roll Eyes And now is quickly looking for the "NEXT" that can make her legal.

I feel bad for the guy that wanted her so much that he had to lie to get her to marry him because he knew that she would not marry him if he could not get her papers. And the issue about living in 2 differnet countries is WHAT?

He can petition for her from his country to come live with her there. Oh..I forgot, she is not interested in the husband... it is the usa that she is worried about to stay here. Poor guy.

Now what you need to do concerned88 is find out exactly what the fraud was that caused his citizenship to be denied and greencard to be revoked. It could be something fairly simple like he previ0usly had his conditions removed from a joint 751 petition when he had already been divorced or seperated. This type of thing will surface and come to light when n-400 is applied for. He may just have to file a 751 waiver (if that is the case) and get an approved permanent resident card. then he can apply for the n-400 and possibly get his citizenship to be able to make her legal.

Find the facts and a possible solution that would sovle immigration and marriage problem at same time.


Thanks for your comment . BUt she is not a green card hungry person. They were actually engaged while she was in her country and when she came to visit him she got pregnant and he told her to stay and get married. She got married and decided to go back home, but he keep conccincing her that he was a citizen and she didnt have to go home.. so she agreed to stay. Why are u sorry for him ? HE lied!! she was willing to go home after they were married til something can happen for them. Now he puts her in a difficult position.

Different country matters.. Both countries ar at war presently .. not a place to raise family especially her husband country. She is thinking about better life for her kids too who are US citizens.

Thanks for the latter solution. He really needs a waiver. I think they belieeve he lied about his marital status to gain benefits ( his first marriage). He got the green card under unmarried instead of married from his parents who are US citizen. I think thats the whole issue that came up when he apply for his citz.

I hope he can get a waiver because he is the sole breadwinner for his family (wife and kids). But what he did to his wife was inconsiderate.
 
Posts: 15 | Registered: 08-19-2009Reply With QuoteReport This Post
Associate Member
Posted Hide Post
quote:
Originally posted by concerned88:
quote:
Originally posted by 4now:
quote:
Originally posted by concerned88:
you don't understand the whole thing. He lied to her that he was a citizen and convince her to overstay her visa because he could file for her. She found out later after marriage and a child that he wasn't and could not file for her. He tries to get the citizenship before she found out but he was denied and now placed in removal proceeding. I know she loves him but she is thinking of the 2 small children and herself too. She doesn't want to be in removal too. thats why she wanted to get out of the marriage b4 they zero in on her. Also they are both from different countries ... so being both deported will not make them be together either



Too many conclusions being jumped to here.
Sorry, but it sounds like your friend married mostly for the greencard legality issue. Certainly it does not sound like a marriage as she is not standing behind him to continue to be a wife just because he cannot make her legal Roll Eyes And now is quickly looking for the "NEXT" that can make her legal.

I feel bad for the guy that wanted her so much that he had to lie to get her to marry him because he knew that she would not marry him if he could not get her papers. And the issue about living in 2 differnet countries is WHAT?

He can petition for her from his country to come live with her there. Oh..I forgot, she is not interested in the husband... it is the usa that she is worried about to stay here. Poor guy.

Now what you need to do concerned88 is find out exactly what the fraud was that caused his citizenship to be denied and greencard to be revoked. It could be something fairly simple like he previ0usly had his conditions removed from a joint 751 petition when he had already been divorced or seperated. This type of thing will surface and come to light when n-400 is applied for. He may just have to file a 751 waiver (if that is the case) and get an approved permanent resident card. then he can apply for the n-400 and possibly get his citizenship to be able to make her legal.

Find the facts and a possible solution that would sovle immigration and marriage problem at same time.


Thanks for your comment . BUt she is not a green card hungry person. They were actually engaged while she was in her country and when she came to visit him she got pregnant and he told her to stay and get married. She got married and decided to go back home, but he keep conccincing her that he was a citizen and she didnt have to go home.. so she agreed to stay. Why are u sorry for him ? HE lied!! she was willing to go home after they were married til something can happen for them. Now he puts her in a difficult position.

Different country matters.. Both countries ar at war presently .. not a place to raise family especially her husband country. She is thinking about better life for her kids too who are US citizens.

Thanks for the latter solution. He really needs a waiver. I think they belieeve he lied about his marital status to gain benefits ( his first marriage). He got the green card under unmarried son instead of married from his parents who are US citizen. I think thats the whole issue that came up when he apply for his citz.

I hope he can get a waiver because he is the sole breadwinner for his family (wife and kids). But what he did to his wife was inconsiderate.
 
Posts: 15 | Registered: 08-19-2009Reply With QuoteReport This Post
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