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My wife has to leave the country

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  • My wife has to leave the country

    I am my wife's second husband and I am a US citizen. My wife was caught coming in the country over ten years ago and was let go because she had her baby son with her. She applied for adjustment of status with her first husband back in 1997 but a deportation in absentia came out so they had to wait for a waiver. Waiting for this waiver took a long time and when it finally came, several domestic violence issues ocurred and they divorced. Now I entered into her life and applied on her behalf; when we showed up for the interview the I-130 was approved but she has 40 days to leave the country and the outlook for her little daughter who was born here in the US is like she will have to remain behind with her abusive father. Basically my family is being torn apart. What can I do?

  • #2
    I am my wife's second husband and I am a US citizen. My wife was caught coming in the country over ten years ago and was let go because she had her baby son with her. She applied for adjustment of status with her first husband back in 1997 but a deportation in absentia came out so they had to wait for a waiver. Waiting for this waiver took a long time and when it finally came, several domestic violence issues ocurred and they divorced. Now I entered into her life and applied on her behalf; when we showed up for the interview the I-130 was approved but she has 40 days to leave the country and the outlook for her little daughter who was born here in the US is like she will have to remain behind with her abusive father. Basically my family is being torn apart. What can I do?

    Comment


    • #3
      For what I read, you may have options, but you don't give enough detail to properly understand the circumstances. You, not your wife, have equity before INA because you are a U.S. citizen. If you're willing to post more detail I might be able to come up with something. Please note, deportation orders can be reopened, motions to reconsider can be filed... but there's time limits and other details.
      Also, what about the DV crimes, who committed them, your wife or her spouse?
      It's up to you if you want to disclose such information.

      Comment


      • #4
        He is the one who commited the DV twice. She is from Ecuador and also, I forgot she was pregnant at the time of the interview and she had a miscarriage 8 hours later. Any advise? Please.

        Comment


        • #5
          There's a program for women just like her. If she's married to you now, and the order of deportation is final you can file a motion to reopen but there's a time limit. Also, a stay of the deportation would help her apply for benefits under the program I mentioned. The only problem I see here is time, you only have so much time after the order becomes final to file for relief.
          Worst case scenario, you can use the I-212 and get her a K-1 under your sponsorship or a K-3 if you're already married.
          You should consult with an attorney. Contrary to what some folks said here, there's many services for a low cost, some free of charge. The NTA she received should have a list of such services.

          Comment


          • #6
            You may need to get highly detailed advice that may need you to give up a lot in a public forum than may be advisable.

            Why dont you get a lawyer?

            Comment


            • #7
              Obviously he needs one, you can't file any motions with a court from a forum. But I guess he's looking for direction first, he seems nervous, that's natural.

              Comment


              • #8
                I did get a lawyer and if it wasn't for the lawyer being there, they would have deported her on the spot. Now, the lawyer says we have to extend the time of deportation but we first need to find such order and as I said, she was deported in absentia. Other lawyers are telling me that once she makes it down to Ecuador she will be barred from re-entry for up to ten years and also, at this point, after paying thousands of dollars in fees and lawyers I find myself in a bind.

                Comment


                • #9
                  I think theres a way to get a waiver of that 10 year bar. Maybe thats what you need to find out about.

                  Granted, you need to be ready to spend money on behalf of your wife.

                  If she wants to return to Ecuador and you have not yet had kids, I would let her go and get another wife because you dont know whether she wants you so you can help her stay here.

                  It seems she came into the marriage with too much and too serious baggage, which I would not trust she loves me for real.

                  Comment


                  • #10
                    The problem is for the I-212 waiver the spouse needs to depart, and those waivers take a LONG time to be processed. They are also hardship waivers and it's hardship for the U.S. citizen. Hard to prove hardship when he knows the lady for a very short time.

                    Comment


                    • #11
                      You can file for a "stay" of the deportation if you have time, document the case and get relief for "abused women"!!!

                      Comment


                      • #12
                        As logic as Marasmus comment sounds, this is the love of my life; and no, she does not want to leave for Ecuador, Would you? After ten years here, after having a daughter born here and a son who does not know of anything but his life and school and friends, after having a nice and comfortable life in suburbia? No, I love her to much to have it like that and I know her love for me is sincere after all we, have been together for three years. Her children look at me as a father figure and my son from a previous marriage looks at her as a mother figure.

                        Comment


                        • #13
                          Well, Artrus, since you know that you dont want her to leave, now open your deep pockets to atone for her past indiscretions.

                          If I were you, I would look at the issue of the 'stay' of the deportation order(s), plus consider proceeding with a motion to reconsider on the deportation order.

                          But I gave you my idea that its always best to leave a woman BEFORE you have kids because after that you are tied to her. Just something to think about before you start this long journey of legalizing her and starting to live with her at great expense to you, all for her benefit!

                          I know how blinding love is though, but once in a while you need to make decisions without any emotions.

                          In any case, I guess you know her for about 3 years and now you are saying she is 'the love of your life'. Have you been alive for just 3 years?

                          Dont forget that 4 years ago or so, someone else was saying the same thing about her-and it was another man.

                          Comment


                          • #14
                            Please keep in mind that to apply for a "stay" of deportation, certain statutory conditions must be met. Also, there's time limits to apply for relief. You must consult with your attorney as soon as possible.

                            Comment


                            • #15
                              Artus, you can make yourself miserable with this woman or get a new wife. Your choice man.

                              Comment

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