T

Hi all!

In order for me to more effectively ask my question, I shall provide a
brief background...

6 years ago I vacationed here from Australia and married a US citizen.
We filed for me to become a LPR (Lawful Permanent Resident) via AOS
(Adjustment Of Status, I-130 / I-485). We also have a child together.
About 3 years later, we received notice that since the USCIS feel that
our marriage is a "sham", they wish to have me removed from the
country. My wife and I hired lawyers to defend these charges, and allow
me to stay here with my family. Since that time we have re-filed an
I-130, and had it approved, however since I am in removal proceedings,
my subsequent I-485 filing can only be decided upon by an Immigration
Judge.

Problem...
My marriage has had it's fair share of problems, but it seems likely
now that we will divorce before too long :( My fear is that if we
divorce, USCIS will have me removed from USA, and I will no longer be
able to see my daughter. I desperately want to parent my daughter, and
to do so, wish to stay here.

Question...
If my wife refuses to help me with my Immigration process (which she
has already threatened to do), is there any mechanism to become a LPR
on the basis that my 5 year old daughter is a US citizen, or must I
bring her to Australia (taking her ridiculously far from her mother) in
order to be her parent?

Please advise.

All replies are greatly appreciated.

ian-mstm

I'd be interested in knowing what your lawyer says about this. There are two separate issues here and, although the outcome of one will affect the other, the issues are separate: 1) your immigration status; and 2) your status as the parent of a USC child.

Ian

Guest21

Wow thats a mess looks more complicated then my situation, don't give up hope I mean if you think about it if you were going to stay together the Judge might say "well she can move to Australia "(the wife)but as it would cause distress to the child to lose his/her father by you moving back to Aussie it might go in your favor? I really wish you the best of luck.

May I ask why they think that the marriage is a sham what would make them feel that way?

lpdiver

Lots of luck legally removing a US citizen child from the US against the will of her US citizen mothers request.

alp

Just Jenney

That's not your decision to make. That decision will be made when a judge agrees to your child's custody agreement. I don't have any experience with this sort of thing, but I'm not sure that even having sole child custody allows you to simply take your daughter -- a US citizen -- to live outside the US, away from her mother, because you want to. Her mother's rights wouldn't be terminated, after all.

I agree with Ian -- you have two issues on your hands. I suggest getting an attorney who has experience in both deportation AND divorce/child custody cases, or one of each.

~ Jenney

T

    > I'd be interested in knowing what your lawyer says about this. There are
    > two separate issues here and, although the outcome of one will affect
    > the other, the issues are separate: 1) your immigration status; and 2)
    > your status as the parent of a USC child.

I had a lawyer from, say, October 2005 - August 2006. I was unable to
keep up with the payments in order to retain the lawyer, On 10.6.06 (at
my individual hearing) the lawyer requested (and was granted by the
Immigration Judge) to withdraw from the case. I have no counsel at this
time, and am seeking a Pro Bono one, as I do not currently have a valid
EAD, as I was expecting either a Green Card, or deportation at my
Individual Hearing.

T

ian-mstm

I understand your position. Two words... credit card. This is not a DIY project and you need an experienced immigration/family attorney.

With respect to immigration, you can leave the US and return to Australia... and that would solve problem #1. The real problem is #2... how willing are you to give up custody of your daughter? If you choose to fight for custody, then your ability to stay in the US gets called into question. If you choose not to fight for custody, you need to separate your wife's roles as wife and mother. I mean, she may be a great mother even if she wasn't a particularly good wife... if you see what I mean?

Anyway, you need proper representation - and unless you luck out with a pro bono attorney, you may end up getting the short end of the stick.

Ian

T

On Oct 19, 11:26 am, ian-mstm <member2954@british_expats.com> wrote:
    > > > I'd be interested in knowing what your lawyer says about this. There
    > > > are
    > > > two separate issues here and, although the outcome of one will
    > > > affect
    > > > the other, the issues are separate: 1) your immigration status; and
    > > > 2)
    > > > your status as the parent of a USC child.
    > > I had a lawyer from, say, October 2005 - August 2006. I was unable to
    > > keep up with the payments in order to retain the lawyer, On 10.6.06
    > > (at
    > > my individual hearing) the lawyer requested (and was granted by the
    > > Immigration Judge) to withdraw from the case. I have no counsel at
    > > this
    > > time, and am seeking a Pro Bono one, as I do not currently have a
    > > valid
    > > EAD, as I was expecting either a Green Card, or deportation at my
    > > Individual Hearing.
    > > TI understand your position. Two words... credit card. This is not a DIY
    > project and you need an experienced immigration/family attorney.
    > With respect to immigration, you can leave the US and return to
    > Australia... and that would solve problem #1. The real problem is #2...
    > how willing are you to give up custody of your daughter? If you choose
    > to fight for custody, then your ability to stay in the US gets called
    > into question. If you choose not to fight for custody, you need to
    > separate your wife's roles as wife and mother. I mean, she may be a
    > great mother even if she wasn't a particularly good wife... if you see
    > what I mean?
    > Anyway, you need proper representation - and unless you luck out with a
    > pro bono attorney, you may end up getting the short end of the stick.
    > Ian

Ian,

Thank you for your reply.

My credit is shot. We wouldn't qualify to bum a ciggarette from
someone, it's that bad.

I appreciate what you are saying with respect to seperating my wife's
two roles, however, I refuse to 'accept' not being a father in my baby
girl's life. I am her dad, and we have that father daughter bond, and
as a child she needs that. And as a father, I need that. I won't
willingly go back to Australia without her.

I do love my wife, but, there are issues I fear we cannot resolve. :(

I will pray to the Lord for a good Pro Bono attorney.

Again, thanks for your thoughts, Ian.

Regards,
T

workboresme

Have you tried marriage counselling? It might be an idea before you give up completely........

Good luck, T, you seem like a decent bloke

T

Thank you for your reply.

My hope is that in the event of a divorce (which I pray will never
occur), I will attempt to gain custody of my daughter. I will do this
as I worry about my wfie's... state of mind. A lovely lady, as she is,
I don't feel secure in her ability to provide the best for her.

My preference is that we would not divorce, and simply live happily
ever after. In the event of a divorce, my purpose of gaining custody
would be more to help keep our family together (albeit in a manner of
divorce, which I hope you can understand), than to simply be deported,
never seeing wife or child again. I do NOT seek custody for the purpose
of taking her to Australia (willingly), and away from her mother, whom
she also needs in her life as a vital support.

Regards,
Tyson

Jenney & Mark wrote:
    > > Hi all!
    > >
    > > In order for me to more effectively ask my question, I shall provide a
    > > brief background...
    > >
    > > 6 years ago I vacationed here from Australia and married a US citizen.
    > > We filed for me to become a LPR (Lawful Permanent Resident) via AOS
    > > (Adjustment Of Status, I-130 / I-485). We also have a child together.
    > > About 3 years later, we received notice that since the USCIS feel that
    > > our marriage is a "sham", they wish to have me removed from the
    > > country. My wife and I hired lawyers to defend these charges, and
    > > allow
    > > me to stay here with my family. Since that time we have re-filed an
    > > I-130, and had it approved, however since I am in removal proceedings,
    > > my subsequent I-485 filing can only be decided upon by an Immigration
    > > Judge.
    > >
    > > Problem...
    > > My marriage has had it's fair share of problems, but it seems likely
    > > now that we will divorce before too long :( My fear is that if we
    > > divorce, USCIS will have me removed from USA, and I will no longer be
    > > able to see my daughter. I desperately want to parent my daughter, and
    > > to do so, wish to stay here.
    > >
    > > Question...
    > > If my wife refuses to help me with my Immigration process (which she
    > > has already threatened to do), is there any mechanism to become a LPR
    > > on the basis that my 5 year old daughter is a US citizen, or must I
    > > bring her to Australia (taking her ridiculously far from her mother)
    > > in
    > > order to be her parent?
    > >
    > > Please advise.
    > >
    > > All replies are greatly appreciated.
    > That's not your decision to make. That decision will be made when a
    > judge agrees to your child's custody agreement. I don't have any
    > experience with this sort of thing, but I'm not sure that even having
    > sole child custody allows you to simply take your daughter -- a US
    > citizen -- to live outside the US, away from her mother, because you
    > want to. Her mother's rights wouldn't be terminated, after all.
    > I agree with Ian -- you have two issues on your hands. I suggest getting
    > an attorney who has experience in both deportation AND divorce/child
    > custody cases, or one of each.
    >
    > ~ Jenney
    >
    > --
    > Posted via http://britishexpats.com

T

Thanks for the compliment, mate!

We are currently counrt-ordered to attend counselling. Ever since have
that order by the court, she has threatened to not attend. She did
attend the first session with me, but has yet to contact the counselor
regarding future sessions. I have attended 3 times already, with two
more appointments this coming week.

I believe marriage counselling would definitely help us in this
situation, however, my wife does not think so. (as it won't change the
'fact' that I cause all the problems on our marriage).

I love my daughter, and will so always. I will never 'give up' on this
marriage, or potential to provide a loving, understanding, and positive
family environment for us all to live in, and for our daughter to grow
in.

Thank you for you thoughts and reply, mate!

Regards,
T

    > Have you tried marriage counselling? It might be an idea before you give
    > up completely........
    > Good luck, T, you seem like a decent bloke :)
    >
    > --
    > Posted via http://britishexpats.com

Rete

It hasn't been asked so I'll be devil's advocate. Why does USCIS consider your marriage a sham. They normally give you ample opportunity and ways to prove that your marriage is viable and ongoing at the time of the AOS interview.

What or how was your former attorney trying to prove otherwise at the removal proceedings.

Why do you feel that your wife is incapable of providing good parenting to your daughter?

Have you tried Catholic Charities to see if they have a pro bono attorney to help you with your case or perhaps one of the agencies in your area that helps legal and illegal immigrants?

Just Jenney

Whoa. Your marital counseling is court-ordered??? Under what circumstances did a judge order you and your wife to attend marital counseling?

There seems to be a lot more to this story than you are letting on. While lots of couples seek marital counseling, the decision to do so is usually made by the couple, not a court of law.

~ Jenney

T

In my effort to save people's time, etc.. I deliberatly did not include
a detailed account of my history with my wife and INS, but merely tried
to limit my question to specifically what I wanted to know. I
understand and appreciate that at times some detailed background is
required at times, so I have posted a document online providing a more
detalied commentary of my experiences since arriving in USA at...

http://docs.google.com/View?docid=dgvxm8n8_4d4kcfj

Regards,
T

    > Whoa. Your marital counseling is court-ordered??? Under what
    > circumstances did a judge order you and your wife to attend marital
    > counseling?
    > There seems to be a lot more to this story than you are letting on.
    > While lots of couples seek marital counseling, the decision to do so is
    > usually made by the couple, not a court of law.
    >
    > ~ Jenney
    >
    > --
    > Posted via http://britishexpats.com