Options...

[canelle]

Hi,
got married in 2000 in a foreign country. My husband and I both came in the U.S shortly after because he got a contract with a U.S university. I followed him here, not able to work. We had a child in 2002. In 2006, we both applied for the residency, he's in a "special" category (extraordinary ability) which allowed him to apply for himself and I, without any sponsor.
Shortly after we applied, and after 8 years of living together, we separated.
He filed for divorce about 1 year ago, trying to take my child away from me, and having me deported since the green card hadn't been issued yet, and knowing that I'd lose my status of "dependent" as soon as the divorce is official.
We were in divorce trial a couple of weeks ago and it's just a matter of time before the judge signs the court transcript and we are officially divorced. My husband sent me the "social services", accused me of not being a good mother enough, and contacted immigration a few months ago telling them about the situation.
The divorce judge was very concerned about this and asked many questions about the whole problem and the possible consequences. I obtained primary custody which is the most important thing anyways.
Still no green card, adjustment of status pending, and transfer of our file to a "local immigration office" waiting to contact us for an eventual interview.
These are the last steps, I have built a life here, with our child, bought a house, have a decent job and work and raise my kid as well as a single mom can. I don't want to separate her from her dad either, even if it doesn't work out between us anymore. I have a job (work authorization valid until November of this year), a house, and a pretty normal life. Have never been illegal, and not counting on it.
But my life is here now, I gave up everything following my husband here! How fair is that! Our child is an American citizen.
I haven't done anything wrong, and I am somewhat worried about the future decision of the uscis... What are my rights as far as being able to continue living my life here.
Options regarding a "denial" (almost guaranteed according to our immigration lawyer) of the green card for me as soon as we're divorced? Appeal?
If too much trouble, I'll leave, but heart-broken. I've been going through too much those past few years to face another conflict yet. But will have to start over somewhere else and alone.

Thanks for any kind of help you can bring,

Kindly,
A Tired Mom.

[bentonasia]

Cant you file for yourself since you have been working and have been here for awhile? Isnt there away you could stay? It is not fair. It's not your fault he is divorcing you. I would see if you could appeal this. You cant help his actions.

[Theone]

VAWA

[4now]

Options regarding a "denial" (almost guaranteed according to our immigration lawyer) of the green card for me as soon as we're divorced?

Unfortunately and sadly the attorney is correct.
What basis will you have to stay here if you are divorced. as you would have been piggybacking off of his application.

Theone has suggested I-360 VAWA.. but what basis would you file this on?


there must be some very bad blood between you two that he would do this to put you in this kind of jeopardy. It is really too too bad because of the child. Surely you could talk some sense into him and delay or withdraw the divorce until this is greencard business is finished. Could you not speak with his parents or relatives to have him be reasonable and compassionate?

[canelle]

Thanks to all,
I realise that it's not an easy situation and very few people understand it. No, it's not fair because when we applied, we were together, I had left my country to follow him here, gave up my studies to be with him. Unfortunately, life happens... and it's difficult to understand why he sent a letter to the uscis to inform them that we were separated first, then filed for divorce and pushed the process to a maximum so he could "move on". I have never asked him for any money, and was, (still am) working to take care of our child. The application itself is not considered as "fraud" because we were filing together, and had been married for 6 years before we filed. Now, it's just "wait and see" and, although I am tempted to apply for myself, I don't really know how and under what status. I will look up that
I-360 VAWA, having no idea to what it refers to.
thanks anyways....

[ProudUSC]

Hi Canelle,

VAWA is the Violence Against Women Act. If your husband was abusive and you can prove it, this is a path you can pursue to obtain legal status. Good luck to you.

[canelle]

Yes!
I just looked-it up and found out that I actually could do this. It'd be another long struggle though..I don't know if I'll be able to afford it, not mentionning the fact that I'm exhausted by all this nonsense. It's difficult to keep up with all this. Even if my husband hurt me, I don't know if I'd be willing to bring him down. He's still the father of our child. I'm fighting all of this because I want my kid to be happy, not too far from "dad", not too affected by the father's bad judgment.
However, it's definitely something I have to look into and thank you for telling me about it.

[SonofMichael]

There is not a single allegation or hint of abuse here. I think it would be fair to say, on the facts presented here in her own words, that she is not a good wife and not a fit mother. Yet you raise a false abuse allegation as if "who cares if you lie". Demonizing a man with extraordinary abilities (something I can certainly relate to) just to get a green card is wrong and the kind of thing I have been discussing here for years.

[canelle]

Hi,
I have seen a few of your posts on this site and was wondering when you were going to drop by.
I'm absolutely not intimidated by your numerous testimonies, as well as your language.
I have been through so much that I really could care less about the way you think and judge people without even knowing the actual facts. I'm here asking for help, and if you can't, well just don't.
I'm tired of all those allegations that x or y would lie or say anything to stay in your country. The only reason I'm here is because I want to avoid the physical spearation between father and child. I have started from scratch in two countries already, and could very well get back on my feet elsewhere.
I'm certainly not going to talk about private details and destroy someone, just because he did it to me. And for your info, my husband lied in court, was caught in the act, and the judge's decision was taken consequently.
If you think it's normal and "correct" for someone to bring his wife in a country, have a child, and then decide to have her "kicked-out" for whatever reasons he has, well it's another story and you need a reality check.
And even if I had been a bad "wife"! for god's sake! do you even think that'd be a reason!?
I just had to answer. The petty words you used are just tasteless.
By being so drastic and careless toward foreign nations, you are everything, BUT an accurate reflection of what an American represents.
Cheers!

[whiteUSCNeedsHelp]

Originally posted by ProudUSC:
Hi Canelle,

VAWA is the Violence Against Women Act. If your husband was abusive and you can prove it, this is a path you can pursue to obtain legal status. Good luck to you.

And you call your self ProudUSC. Rather than showing her a right way to get the greencard, you are showing her a way to break the laws. I wonder you are naturally born USC, or just one of them fraudsters who faked the system and became one of us.

[whiteUSCNeedsHelp]

canelle

canelle - First, sorry to hear about your story. Based on what you have mentioned, it appears though your lawyer doesn't know what he is talking. If you are gaining custody of your child, USCIS cannot deport you because child is a natural citizen. The child has every right to live in this country. My advice would be consult another immigration attorney as well.

About the route so-called ProudUSC gave you, don't go there. You want this child to have love of father and mother both, irrespective if divorced or not. By filing VAWA, you are basically labeling your soon-to-be-ex-husband an abuser. Though the VAWA process is a secret, you never know when the STUPID law makers decide to make these files public and down the road your child finds out that his/her father is labeled as an abuser by his/her mother. Think of the mental consequences. Also, USCIS will know that you are using VAWA after denial as a way to by-pass the system, which can also create trouble for you if they decline your case and tomorrow that becomes public. Then you could be charged for fraud.

So seriously have a second opinion with some really good attorney.

[MakeItRight!]

Originally posted by ProudUSC:
Hi Canelle,

VAWA is the Violence Against Women Act. If your husband was abusive and you can prove it, this is a path you can pursue to obtain legal status. Good luck to you.

STOP!!!!! How Can Anything Good Come from Destroying One Of The Parents????

Other Methods Must Be Sought after!!!

[MakeItRight!]

Originally posted by canelle:
Hi,
I have seen a few of your posts on this site and was wondering when you were going to drop by.
I'm absolutely not intimidated by your numerous testimonies, as well as your language.
I have been through so much that I really could care less about the way you think and judge people without even knowing the actual facts. I'm here asking for help, and if you can't, well just don't.
I'm tired of all those allegations that x or y would lie or say anything to stay in your country. The only reason I'm here is because I want to avoid the physical spearation between father and child. I have started from scratch in two countries already, and could very well get back on my feet elsewhere.
I'm certainly not going to talk about private details and destroy someone, just because he did it to me. And for your info, my husband lied in court, was caught in the act, and the judge's decision was taken consequently.
If you think it's normal and "correct" for someone to bring his wife in a country, have a child, and then decide to have her "kicked-out" for whatever reasons he has, well it's another story and you need a reality check.
And even if I had been a bad "wife"! for god's sake! do you even think that'd be a reason!?
I just had to answer. The petty words you used are just tasteless.
By being so drastic and careless toward foreign nations, you are everything, BUT an accurate reflection of what an American represents.
Cheers!

canelle,

Did you try First To gain full custody??? Was The Other Attempting To Limit Their complete Loss??? Did You attempt Communication/ Resolution For Shared Equal custody????

Yes There are Bad wives and Bad husbands!!! and some so extremely Bad when children Are Involved, It does matter!!! Drug addict? Alcoholic? Physically Abusive? Lives A Lifestyle Of Deceit???

There really Are Cultures, Beliefs, People In this World That do Not Respect The children's best interest! CHILDREN ARE NOT TOOLS!!!!

[4now]

canelle - First, sorry to hear about your story. Based on what you have mentioned, it appears though <span class="ev_code_RED">your lawyer doesn't know what he is talking. If you are gaining custody of your child, USCIS cannot deport you because child is a natural citizen.</span> The child has every right to live in this country. My advice would be consult another immigration attorney as well.

This statement is totally untrue. the attorney has advised you correctly. your usc child cannot be deported.... but Canelle can. Canelle has no basis to be here to adjust status. Usc child can petition for her when usc child turns 21 years of age.

[4now]

Originally posted by ProudUSC:
Hi Canelle,

VAWA is the Violence Against Women Act. If your husband was abusive and you can prove it, this is a path you can pursue to obtain legal status. Good luck to you.

Theone had suggested VAWA, but I dont believe this poster is eligible for VAWA, not becuase there may or may not have been abuse.. but for other lack of qualifications.

Her husband is not a LPR applying for her. he himself is applying for a card. He has no status yet or an approval from what I gather.

IMO she does not meet requirement to apply for VAWA.

My best advice is look to marry usc as soon as divorce is final.