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Marrying a B2 with child

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  • tntdino
    replied
    Thank you for clearing that up for me. We are in the process of finding a good Immigration Attorney. Once again thank you for the help.

    Leave a comment:


  • senowen
    replied
    (1) The only real penalty for overstaying a visa is removal (i.e. deportation). There are potential fines, but I've never actually heard of anyone getting fined based on an overstay.
    (2) The woman's son is your "child" under immigration laws as soon as you married her. You can file an I-130 (immigrant visa petition) for him as well as your wife. (3) If this is a real marriage and you have proof, your name on the birth certificate for your child would probably stop DHS from thinking the marriage was fake, you can file the I-130s for them and they can file the I-485 (green card application) at the same time. If you live in a state like NY or CA they should have absolutely no problem getting a green card. You would probably not have problems elsewhere but there are a lot of nutso's in the DHS in some of the "red" states. You should find a competent attorney who can help you prepare the forms and help you put together all the evidence into a neat package for the DHS. This makes things much smoother.

    Leave a comment:


  • JF2007
    replied
    Sure you can petition for her child, if under 21. However, you need an immigration attorney, look under the yellowpages where you live, and start asking for experienced immigration attorney with family issues.

    Leave a comment:


  • tntdino
    replied
    Hello:

    I'm looking for a little help. Here is my story. In february 2007 I married my wife, who was here on a B2 visa with her son, they both entered the country legally. They came here in Jan 2005 and obviously are both overstays.

    I have some questions, but before I ask them I better give some background information. The reason my wife came to the US from Japan, was to visit her sister, and to get away from her husband, who had been abusing her and her son. When I met her in March 2005, she really didn't want anything to do with me, she told me she wanted to either separate or divorce her husband, and go back to Japan and live with a friend, and raise her child. Also in March of 2005, her husband came to the US to try and force her to going back to Japan with him. When she refused, he went back to Japen. By mid-April she had given into my charm and started to go out with me, we fell in love and by Mid-July 2005 she was pregant with my child.

    She filed for divorce here in the US in Sept 2005. Her husband came back to the US and made one more attempt to get her to go back to Japan with him, this time by confessing his love to her. When she refused, he got an attorney (He was working with the Japanese Consulate), and contested the divorse in Dec 2005. His attorney filed a motion that the Case be thrown out of court, because the US Court didn't have Jurisdiction. The court finally ruled in his favor in July 2006 and the case was dismissed.

    In the meantime her and I had our child, We also contacted an attourney in the Philippines, and she explained that do to the abuse in the relationship, she could file for annulement of the marriage, on that basis, in the Philippines (where they were originally married) Those proceedings began in July of 2006, her husband didn't contest that, and the annulment was granted in Dec 2006. We have the official annualment papers and an official copy of the original marriage licence stamped null and void from from the Philippines. We were married here in the US in Feb 2007.

    We have not heard from her Ex-husband since Dec 2005, when he told my wife to take care of their son and raise him well. He has had addresses and ways to contact us but never has. I'm still a little concerned, because he was working with Japanese Consulate in this case, and she received a letter to go to Japanese family court in Japan for a proceeding regrading their child in early 2006 (she didn't go.) But we haven't heard anything from her ex-husband or the Japanese court since.

    Now, I'm ready to move forward with I-130 for her. And here are my questions...

    Can I petition for my step-child as well as her?
    What are the chances immigration will deport her minor child? I would hate to see that happen, because he never talks about his dad, and no longer speaks the language.
    Could the Japanese gov't get involved in this in anyway? I know I need a good immigration attorney...what kind do I need? Most of the ones I have looked up specialize in employment issues. What kind of penalties might she be facing because of overstaying her visa? and maybe this is for a latter post, but how should we handle the interview process, if we get that far?

    I apologize for the lenth of this post, but I think you need to know the story to help. Any advise would be appreciated.

    Thank you,

    Leave a comment:


  • tntdino
    started a topic Marrying a B2 with child

    Marrying a B2 with child

    Hello:

    I'm looking for a little help. Here is my story. In february 2007 I married my wife, who was here on a B2 visa with her son, they both entered the country legally. They came here in Jan 2005 and obviously are both overstays.

    I have some questions, but before I ask them I better give some background information. The reason my wife came to the US from Japan, was to visit her sister, and to get away from her husband, who had been abusing her and her son. When I met her in March 2005, she really didn't want anything to do with me, she told me she wanted to either separate or divorce her husband, and go back to Japan and live with a friend, and raise her child. Also in March of 2005, her husband came to the US to try and force her to going back to Japan with him. When she refused, he went back to Japen. By mid-April she had given into my charm and started to go out with me, we fell in love and by Mid-July 2005 she was pregant with my child.

    She filed for divorce here in the US in Sept 2005. Her husband came back to the US and made one more attempt to get her to go back to Japan with him, this time by confessing his love to her. When she refused, he got an attorney (He was working with the Japanese Consulate), and contested the divorse in Dec 2005. His attorney filed a motion that the Case be thrown out of court, because the US Court didn't have Jurisdiction. The court finally ruled in his favor in July 2006 and the case was dismissed.

    In the meantime her and I had our child, We also contacted an attourney in the Philippines, and she explained that do to the abuse in the relationship, she could file for annulement of the marriage, on that basis, in the Philippines (where they were originally married) Those proceedings began in July of 2006, her husband didn't contest that, and the annulment was granted in Dec 2006. We have the official annualment papers and an official copy of the original marriage licence stamped null and void from from the Philippines. We were married here in the US in Feb 2007.

    We have not heard from her Ex-husband since Dec 2005, when he told my wife to take care of their son and raise him well. He has had addresses and ways to contact us but never has. I'm still a little concerned, because he was working with Japanese Consulate in this case, and she received a letter to go to Japanese family court in Japan for a proceeding regrading their child in early 2006 (she didn't go.) But we haven't heard anything from her ex-husband or the Japanese court since.

    Now, I'm ready to move forward with I-130 for her. And here are my questions...

    Can I petition for my step-child as well as her?
    What are the chances immigration will deport her minor child? I would hate to see that happen, because he never talks about his dad, and no longer speaks the language.
    Could the Japanese gov't get involved in this in anyway? I know I need a good immigration attorney...what kind do I need? Most of the ones I have looked up specialize in employment issues. What kind of penalties might she be facing because of overstaying her visa? and maybe this is for a latter post, but how should we handle the interview process, if we get that far?

    I apologize for the lenth of this post, but I think you need to know the story to help. Any advise would be appreciated.

    Thank you,
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