This is long....my son's father and I are battling things out in court right now. We live in Florida and my son has allergy-induced bronchial asthma. He takes multiple medications/breathing treatments each day and I am attempting to move up north because he and my daughter from another relationship are constantly medicated. My son is two. Our pediatrician said it would drastically improve their health if we moved to an area that had fewer allergents. My son's father, however, who seems to still have emotional ties to me, refuses to agree to the move; so I have to petition the court, and, in Florida, it is not likely that the relocation will be granted if he objects to it. And he said he would object. Here's the issue. I had a marriage license with my this man, who is from the Dominican Republic, in March 2005. I broke off the engagement as I felt it was green-card related. He, in turn, and within two months, married another woman. He specifically mentioned to me that he knew somebody he could marry for the green card; I just didn't know he would do it. I notified him that I was pregnant in April 2005, but I had NO clue he had already married this woman (I believe he had a marriage license in Florida with me at the same time he had a marriage license with her in New York). Once the baby was born, he seemed to be back into a relationship with me (yes, physical and visiting me and the baby). I have several e-mails from him, which state that he loves me, etc. Some of a graphic nature, as well. Once I found out that he was married, he swore it was for green card purposes, and we continued to maintain a relationship; although, eventually I was uncomfortable with things and I ended it. I have e-mails regarding his having to wait two years, and how I need to have patience, and he loves me, and even one alluding to the divorce, which he had already planned one year into the marriage. We have a DNA test from February 2006, proving he is the father. He wed this lady around April 2005. I am SURE that he has had to fill out forms sometime between February 2006 and May 2007, which is when his wife found out about our son (she had no clue until May 2007). Would this scenario constitute marriage fraud, even if she may not be a party to it? I'm sure she will do the 'stand by your man' thing; but he also has a webpage (very current), which indicates he is 'Single' and 'Looking to Date Women.' To add to all of this, in August 2006 (six months after he knew, via DNA testing, that he was my son's father, and days before and after he sent multiple e-mails to me, telling me he loves me), he sent me a link to an immigration website, telling me to fill out a form. I wrote back asking him what he wanted me to fill out the form for. He said 'to bring my brother from the Dominican Republic.' When I viewed the form, it was one of those preliminary fiance ones. He has been married since about April 2005. Will ICE investigate this? Isn't it a Federal Offense to solicit somebody to assist with fraudulent entry of an alien into the U.S.?

I would discuss this with your attorney. Sounds like you'd like to have the father deported in order to move your son to a more healthy climate. It does sound like visa fraud, yes.

Next time, please divide your writing into paragraphs. It is extremely difficult to follow the above format.

What type of visa did he arrive on?

Right, I should have broken it up. (Hence the "Newbie" next to my name.) And, yes, I would like to have him deported because he barely exercises his visitation with my son and pays child support sporadically, yet is trying to force me to stay in a place where my son can barely breathe.

I agree! deport .. deport!

I have NO idea how he got here. He had been floating around on a temporary visa for maybe 6 months; I believe looking for someone to marry. I'm not familiar with this Immigration stuff. But, I am certain that he filled out some paperwork between February 2006 (when he was proved to be my son's father) and May 2007 (when his wife found out), which should have asked him if he had dependents. He would certainly have said "no," hence his wife's surprise to it all. Again, they wed in April 2005, I believe, so I am SURE there was something filed at the one-year mark, right?

It all depends on how he entered the US. If he was here on a tourist visa and then married her, they would have had to file something in order for him to stay. But there wouldn't be any necessary time frame on that -- so long as he did not leave the country.

I'm not sure where you're getting the 'he must have filed at the one year mark' thing, but there's nothing specific about the one year mark that pops into my mind (even for someone here on a tourist visa).

You can certainly make your report to ICE...I believe they have a hotline to call for this type of thing. As to whether they will investigate, or whether it will lead to deportation, that is a very long way off. If anyone, it should be his USC wife accusing him of marriage fraud....because she is the victim of that, not you.

As far as immigration paperwork, upon his marriage to the US citizen, in 2005 he would have filled out paperwork to adjust his status, from non-immigrant to immigrant, based on his marriage to a US citizen. Upon approval of that petition, he would have received a conditional green card, valid for two years. Two years later he would have been eligible to apply to "remove conditions" based on the fact that he is still married. This option is also available if the couple divorces in the meantime....the conditional green-card holder can apply to remove conditions even if he/she has divorced in the meantime. The burden of proof states that the applicant must prove the marriage was a real marriage while it lasted. But all that is immigration paperwork. He would have had to declare any dependents, but it would have been during his initial adjustment of status application(in 2005) during which time he may not have been convinced he had fathered a child.

Regardless, the marriage fraud and immigration are separate issues that belong to the father of your child....they're not your issues. I would have a damn good family lawyer and make sure to demonstrate to the best of your ability the necessity for your son to re-locate because of his health. That is what should be of primary concern. Getting the father of your child deported is a la la land dream that is not going to get you fast results that will benefit your child's health. IMO.

-P

I think I remember the one-year comment coming from him. He did not leave the country after marrying her until I think 1.5 or 2 years into the marriage. The forms I have viewed (and, believe me, I'm basically clueless, but I'm trying) show that he would have been asked if he had dependents. To which he would have responded 'no.' He would not have taken a chance that his wife would find out. I just don't know if he would have filled out any forms between February 2006 and May 2007, based on a marriage that occurred in April 2005. He would have filed VERY quickly--like the first day possible--anything that would start establishing residency.

but he also has a webpage (very current), which indicates he is 'Single' and 'Looking to Date Women.'



nice catch this one is

I'm a little unclear on the train of thought here. You suspect the guy is in the market for a green card scam.. and this relates to the custody question how, exactly? Is the idea here that you'll get him deported and then be able to move north?

No doubt you can report him if you want, but I'm not sure that it will solve your immediate family law problem.

It's dubious that USCIS or ICE would take the testimony of someone not related to the petitioner, when reporting a possible fraudulent marriage, although it doesn't hurt to make your report. I just wouldn't hold out much hope for it to bring about the results you are looking for, and most especially when his removal might derive some benefit to you, yet the current wife has no complaint of the quality or validity of her marriage to said alien.

it depends

I too think that it would be difficult to have him deported since the OP is not involved in his immigration process. I guess, reporting him won't hurt, but I doubt it would help her anything with the situation of her child. Even IF ICE would start investigating, it would probably take god-knows-how long until it would go in effect.

Mairejain, maybe it would be somehow possible to revoke his parental rights? Maybe a little "blackmailing" would do it, kinda like "You give your consens to me moving to a different are, or I'll report you to ICE for fraud."
Maybe you are lucky and he doesn't really know what exactly you would be able to do to him!?

I know that's a little drastic, but for the health of your children, I think I'd try anything...

Exactly my plan. I am more concerned with my childrens health than him ANY day. His wife does NOT know about all of this. I am sure if she knew the truth, she may take action (she HAS threatened him before). I don't want to go to this extreme, but I will if my hand is forced. He is under the impression that since his two years have passed, he's home free. I do not think after finding out that he has been cheating on her since DAY ONE, she will back him up. She just doesn't know yet.

And somebody mentioned earlier the form to remove conditions. If that person was referring to the I-75 form (or something to that effect), it DOES specifically ask about children. And, since it IS filed jointly, there is NO way he would have listed our son.

I thought you said that his current wife learned of your son in May 2007. I'm confused

She doesn't know about his CURRENT cheating or cheating THROUGHOUT the marriage. All she knows about is my son. And I was engaged to him before she was, so she has NO clue on any cheating at all. So he was able to explain it away. She also doesn't know that he sent me e-mails about divorcing her about a year into their marriage. Finally, she does not know (I mentioned it in my very first post) that he solicited me to marry his brother and bring him here. She's a really nice lady too. It's unfortunate.

Forgive me, but I simply must ask. Do you think that as well as your desire to send a strong "message" to him about his responsibility for your child (i.e. getting him removed from the country so that you could move your child to a better area) that there is also a latent desire that complicating his immigration process would unravel his current marriage? I can't help but think that the child's health should be your foremost initiative, and that his removal from the country is not necessarily the best way to go with this. I only ask because you appear, to me anyway, to be more preoccupied with what could happen to them and his current wife not being aware of your trysts with him, than what else you can do to enable your child to get to a more healthy environment.

Not just to you, DM...not just to you.

I get the impression that if the OP simply packed up and left one day, this man wouldn't really be following along. In any event, I can't see a judge ruling against the child's best interest.

EXACTLY. It is VERY hard in Florida to relocate, even if the father is substandard, as my son's father is. He used this woman for the green card; I just dumped him timely enough so that it wasn't me (in fact, he cheated on ME with HER, which is one of the reasons I left). This MAY be the only way to get my son to a healthy environment IF he contests the move (which he plans to). It's extreme, but deaths from asthma attacks aren't predicted. They just happen. And I can't risk that for a 'father,' who has only been in a child's life for 9 months (and the child is not yet 2 1/2).

There is much more to this, and a few assumptions are clearly wrong, but I believe I have gotten some good information here. I will definitely update this post when everything unravels.

Any additional information anybody would like to add would be greatly appreciated.

Right, I get that. But even if ICE launches an investigation based on your report (questionable, but hey, it could happen), we're talking, what, years before he's deported? That's not going to help your kid.

im confused if u have sole custody of ur child why would u have to go to court to move to a place that is better for his health? in most cases where u live only come into play when u are married and divorced and it states in the divorce papers that u can only move 50 miles or what ever away from the father.......would interfere with his visitation rights.......if the father of the child is not supporting him and has not visitation rights other than what u allow how does he have a choice in the matter?...........and since he is not a citizen of the usa.........how does he have any rights to the child at all regarding his place of residence?
im sorry but i been following this and i guess i just had to ask these questions so i can fully understand the problem......i hope i didnt offend u............

Custody laws have changed GREATLY over the past few years. I do not have sole custody. I have what is called 'joint parental custody, with primary residential responsibility.' Meaning he can visit if he wants to, or he doesn't have to at all, or he can visit only WHEN he wants to (off and on, which is what he does). So, he DOES have visitation rights, he just doesn't utilize them consistently (i.e., missed three of 8 in February, and already missed one the first week in April; picks him up late, drops him off early). So, just as in a divorce, he can contest my moving more than 50 miles away.

No offense taken.

In response to earlier comments, I do not believe it would take years to investigate my claims, nor do I believe ICE would not take me seriously. I have been in contact with ICE already, just have not yet filed a report. I am not simply a 'third-party.' I was involved in this. He had overlapping marriage licenses and continuously claimed his marriage was simply for the green card--I have that in writing. AND, remember, he asked me to marry his brother. This is a Federal offense. To pound his fists on a table and demand 'rights' as a part-time father and keep my children from living a medication-free life (in an area with better education opportunities and less crime), well, I think that's NERVE. Especially when he lies on his income tax returns to avoid high child support payments and to avoid paying taxes altogether.

when my sis got divorced the first thing she did was go down and file for sole custody while waiting for the divorce papers to go thru........based on her husbands failure to appear for visits she had set up she ended up with full custody of the kids and does not have to contact him if she wants to move.....she only has to give the court her new address even if its in a different state.........many women that have not married to their childs father first thing they do when the child is born is file a paper with the court showing they have full and sole custody of the child.......he can later go to court and try to get it over turned.........but in most cases it dont happen..........i wish u well with ur court battles.........

No offense, but I think you have no idea, HOW slow they really are...

I am not telling you to NOT persue this, but for the sake of your child I would strongly recommend to try and get sole custody or at least to have the right to move without his consent.
I think it would be easier to concinve a court that he isn't too much into his child than go all the way through a deportation process.
If you want to file that report with ICE, go ahead, but I wouldn't wait for a result in your favor any time soon.

Just out of curiousity, do you have any proof that he tried to get you married to his brother?

I have an e-mail from him that contains a link to a website, and he listed a specific document that he wanted me to fill out. I didn't look at the document, but I noticed the link was something to the effect of 'Bring Alien to the U.S.' I wrote back to him, without looking at the form, and asked, why he wanted me to fill out that document. He said, 'to bring my brother here.' When I looked at the document, it was specifically for applying to get a fiance to the U.S.

Florida is a VERY different state. They feel that health-related issues, if they are not completely DIRE, do not take precedence to the father's relationship with the child; no matter how minimaly involved. Of course, now that we are battling it out in court, he will tighten up his act. For example, the court ordered three full days of visitation per week; he renegotiated down to 1.5 days per week. He picked the days he wanted. And he still misses many of them. I see that lots of people say ICE is slow. My son's condition is visually worse each month. I requested that his father accompany me to the doctor so that he can hear for himself what she has to say (that a move up north would greatly benefit him medically). He refuses to go, with me or alone.

Wouldn't that all be good points for you to convince a court to give you the right to move? I mean, he obviously does everything to NOT see his kid as much as he could, don't you think a judge would see that too?

I don't know, but I have the impression, you are trying to jump on the horse from the wrong side...

What you were told by ICE and what will most likely happen are two vastly different things. The fact of the matter is, just like USCIS, ICE is somewhat overwhlemed and investigating/deporting someone accused of marriage fraud by a third party is not likely to be on their priority list of things to do. It is what it is....but that should not stop you from pursuing that avenue. All we're saying is, please do not expect any resolution to this anytime soon.
Truth is, you are a third party as far as any kind of legal action is concerned, whether it be divorce court, immigration court or ICE. You are not his wife. Concurrent marriage licenses are just that, two 'permissions' to marry two different people. As far as I know there are no reprecussions to not being able to make up your mind about who you want to marry. As far as what you have in writing....well he can always claim that 'he was just saying that to allay your fears and to romance you'. By your very own admission, you have had an on-again-off-again relationship with this man.

Without knowing futher details, only what you presented here, I'll tell you what this looks like: You had a relationship with a man, got pregnant by him, had his child, found out he was married, continued to see him....ending the relationship only later for reasons that are your own. Now, you want him deported in effect terminating his parental rights, so that you can move your son to a better climate fo health purposes. Your intent is supremely justified...the means are flawed.
Use this evidence that you have(along w/ anything not related to his fraudulent immigration process), prove in court that your son's father is of less than stellar character, perhaps this will aid you in securing permission from the court for you to move to the place of your choosing.
Hoping that ICE will remove this man from your life in any timely fashion is truly just a dream.

Good luck,
-P

My thoughts..!

After reading all of this and finally understanding what is going on, I completely agree. Unfortunately, he is the new wife's problem now. All you can do is fight him for what is best for your child, and hope that a judge rules in your favor. Given his behavior, I don't think you'll have trouble getting a ruling in your favor.

If you want the new wife know he was cheating on her, that is your prerogative. HOWEVER - it is ultimately up to her to convince ICE as to the invalid nature of their marriage - and she may not even decide that, who knows. She is the USC that he married and thus changed his status based on, so she would have to be the one to pursue visa fraud or a case with ICE. I suspect anything you report to them probably comes across as a disgruntled ex, which may be why you've never heard anything back from them.

Personally, I would focus on my child and getting moved and let the pig wallow in his mud. Karma will catch up with him one day - you have bigger and better things to focus on.

This is marriage and immigration fraud, serious situation for all involved.

They might take you seriously, but the guy has a green card based on a marriage to another person who (it seems) will vouch for the validity of her marriage. And he has the right to due process, appeals, &c, even if they take your case seriously. And they might. But read the news; people who are deported have usually been bouncing around in the system for two or so years.

I also don't know if it's a federal offense to suggest someone marry someone else for immigration when no fraud is actually perpetuated.

I say threaten him

The OP is trying to move away for her son, the man is clearly a fraud, two marriage liscences (sp) only a dubious character would have two of them at the sametime.


tell him u kept the e-mails and all that and you will show it to his wife and immigration if he doesn't stop fighting. If he doing this stopping so his son, a person he rarely doesn't visit can move to a better place, it's not about his son, but about the OP.

You wrote, "He specifically mentioned to me that he knew somebody he could marry for the green card; I just didn't know he would do it. I notified him that I was pregnant in April 2005, but I had NO clue he had already married this woman (I believe he had a marriage license in Florida with me at the same time he had a marriage license with her in New York)."

He may have already broken the law if got NY marriage license after he recieved a Florida marriage license. This would mean his second marriage is not legal. Additionally, the other woman may not know if your fiance married her for greencard purposes. If so, then she is only a victim of marriage fraud. Marriage fraud does not need to two people to commit the fraud. Often there are victims and sole perpatrators.

All you need to do is bring this information forward to the Department of State:

1) Acquiring a NY marriage license while having an marriage license to you in Florida is not legal. This is bigamy.
2) Emails from fiance stating he entered into the NY marraige for greencard purposes and is actively planning divorce from her. This is critical information that would help prove marriage fraud.
3) Thirdly, give information pertaining to his webpage where he advertises himself as single.

This guy sounds like a real scammer.

what is the form ####?

Is it 129F???? or G325A???

Is he asking you to be the FIANCE SPONSOR for his brother????

If so, maybe your Domincan guy realized you don't know much about immigration forms and is trying to get you to sponsor his brother!

I would stay away from this guy as far as you can keep him.

Summed it up great!

Having 2 marriage licenses is not illegal. A license is not a marriage certificate until the marriage takes place. The marriage in Florida never happened. The fact he didn't know which one he wanted to marry is not a crime. A little flakey, and a little suspicious, sure. But not a crime.

My guess is that if you ceassed contact with the father, he would disappear. Already at this point, he has a wife who is not totally aware of the situation, a son who he is not visiting on schedule, and an ex who he cheated on and left to be completely responsible for his child. Unfortunately dear, sometimes you have to do what is best for yourself and your children. It sounds like you need to make the decisions and tell him what you are going to do. So far he has declined to be involved in the welfare of the child. You need a journal to keep track of everytime he misses his visitation with his son. You also need to quit contacting him to remind him of his visitation hours. If he shows up, write it down. If he doesn't, write that down also. Make sure you keep track of the actual hours spent with his son. If he makes a child support payment, document it. If not, document that too. Your primary concern is to show his parental rights are not being exercised. You are going to need proof for the court that this child's father is not concerned about the child, only being manipulative. From the picture you paint, I think if you simply quit contacting him by phone, mail, or email, and put him on your spam list or ignore list, he would disappear. I do not think he would be persistant enough to keep contacting you, or to show up in person making demands.

It will be hard to do, but as a mother you have a responsibility, and that child is your first and foremost responsibility.

It is very painful to be hurt. It is even more painful to be reminded of it every day. Thank God for the blessings in your life, and ask him to let you accept the things that can not be changed. I really hope things work out for the best.

I always say, there is good in everything, sometimes you just have to look harder to find it.

Sue

That is not proof. He could very easily have linked the wrong form, or the webmaster could have changed the link. Now if he came right out and asked you to commit immigration fraud that is another thing. I think you are grasping at strawa, and while there's nothing inherently wrong with that, you just put yourself in a place where you will just feel more and more wronged.

I know that I have not appeared very sympathetic to your plea for assistance in how best to report this guy's actions. You might wonder why, and while I feel for your predicament having a child with this person and not witnessing his genuine concern for the child, I am struggling with the fact that you find his actions outrageous, and outrageous enough to turn him in to immigration authorities. Perhaps that reason I struggle with this concept is related to this comment you made


I am perplexed with only one issue here. Why is it that when you learned that he was married, and the reasons he offered for why he married (i.e. for the immigrant benefit, you claim he declared) you continued the relationship with him? What hasbecome outrageous now, that you not only found tolerable, but were willing to continue a relationship with him?