hello
can someone please tell me if a woman is married to an american citizen and has children with him but he refuses to apply for a greencard for her, is there anything she can do?

you seem to be confusing in your different post... sometime you ask as the woman point of view, sometime you say you are the US citizen and your husband got his conditionnal green card, then asking about fraud....
that's just too much confusion for me to be able to answer

thx, im asking on behalf of an aunt

Is he refusing to apply for her greencard for any particular reason? Is it a financial concern, or is it more along the lines of control? Does he use the green card as a carrot, to get her to comply with his requests? If yes, then she can self-petition on the basis of abuse.

Do you enjoy taking GIANT L-E-A-P-S?

Tony, the woman has children by the American man. Irregardless, the man has an obligation to his children. Whether it is in a foreign country or here.


The fact they both have children together implies there was an authentic relationship between them.

So to me, it sounds like man got cold feet and decided he wanted to live solo in the US.

Um she was asking the question for someone ELSE?

Tony,

How can you make such a judgment without all the story and without knowing the person !!!!!!!!!! It is so awful thing to say

Since she said children, I'm assuming that means more than one. Were these children born in the US,,ie they are US citizens? How long has she been in the US?

Sometimes, being a USC and remaining married to an alien and refusing to cooperate in securing PR for that alien, and holding that over the alien's head, can be construed as abuse of one's power and can provide the alien with an opportunity to self-petition under VAWA. You can't just jump to conclusions like this. We dont know all of the facts.

If the kids were born here, then they are American citizens. She may be able to stay on those grounds alone.

From looking at the OP profile (original posts) is it unclear if the man she is involved with is the one who is a GREEN CARD holder and perpatrator of marriage fraud.



Dear Maiflower:

Is your aunt living in USA now? Does she have legal status? Or is she here illegally?

Nutty,
Any alien could remain, and children would be a viable reason for an alien staying, but that doesn't mean the alien would be able to remain legally. Children that are US citizens could petition on behalf of their alien mother, when they are 21 years of age.

In this case, however, I believe the alien has cause to self-petition.

She might but your question that would make that conclusion more solid has not yet been answered.

Wow... that's heavily racist.

Racist? Where do you see any reference to race? There's nothing to reference even the country and certainly not the race of any person involved in the marriage or the offending post.

Let's not throw gasoline on fires.

There are plenty of people here that are judgemental and will tell you to leave the country.

What are the reasons he won't petition for her?

One option is if he is abusing her she could self petition, this would be the only option for self petitioning. Having children that are citizens will not help in anyway except it might keep her out of jail if she were caught by ICE until deportation orders were issued.

go back to her 3rd world country....... ?? wtf..
i strongly believe this is racist ! (you could be beaten for that in france !)
it's disgustingly rude or an evident sign of a lack of education...or both

The USC does not apply for a greencard on behalf of the alien... The alien applies and only requires some information from the USC. In certain circumstances, the alien can petition around those requirements. So yes, based on certain facts and circumstances there might be things she can do.

That is RACIST

oh my goodness tony, your commetns are starting to make me sick. first of all i am an american citizen by BIRTH and because you dont care to ask deeper question before you make the assumption that you are dealing with some illegal is just pathetic. to all the other normal people on here: my aunt was married to this man for many years, they came to the US and my aunt lost her status. he in turn went and married and got HIS GC, she went on with her life and eventually the USC left him and she ran back to my aunt, she took him back and for some stupid reason he refuses to apply for her to get her GC. If in fact lil brained tony was correct, my aunt would nevr have gotten back with him, unless he had given her a GC first. although i personally am on the other side of this issue because of what my husband did to me, that does not make me blind to the fact that there are USC that abuse immigrants when a GC is concerned. Immigration issues are NOT Black and white!

The information you shared in your last post changes the dynamics of this situation a bit. If the USC was formerly a GC and married someone else to attain his US citizenship, upon receipt of the US citizenship then leaving that marriage to return to his former alien wife, I don't think he has an obligation to assist her in attaining PR.

Definitely. Under what status did the aunt enter the US and how/why did she lose it?

There is nothing in this thread to indicate the race of any poster in this thread. For all we know, Tony and the person he thinks should go back to her original country are of the same race. Please, let's not rabble rouse or poor gasoline on fires here.

I get the impression Tony thinks intending immigrants whose path to permanent resident is through a USC spouse are not entitled to stay unless their USC spouse wants them to. In some cases that's actually true but at the time of the post, we had no indication it was true in this case. New information, inconclusive at the moment, does tend to support the possibility though.

Not only that. The spouse of the alien seeking PR in this case, is not necessarily a petitioner, certainly not yet anyway.

I get the impression the man the aunt is married to is not a USC but a LPR, so he cant petition for her anyway.

Or did I miss something ?

Maybe you missed the bolded below from the thread's first post.

hello
can someone please tell me if a woman is married to an american citizen and has children with him but he refuses to apply for a greencard for her, is there anything she can do?

but in her last post she says he has a GC

She says "he got" not "he has". He's been here a long time and is now a Citizen.

Now however, the situation has become more clear. This man never petitioned for his wife (the OP's aunt) a visa to come to the USA. Therefore, her current marriage to him carries with it no expected obligation for him to help her immigrate like if she were a K1 or K3 visa holder. He married an illegal alien. That carries with it no obligation with regard to the illegal alien's status, so witholding it is not abuse. No abuse equals no right to self petition for permanent resident status.

He can choose to help her or not. We have no information about why he hasn't or won't or even whether the issue is "hasn't" or "won't".

thanks everyone. i got it now

pushbrk.....
don't play on words..... a comment can be racist even if it's not directly talking about race as it is...
go back to your 3rd world country... is racist...

i would feel more comfortable if he would have say to go back to her country (it would be ultra rude (and dumb, considering the facts anyway) but less worse)

I do respect your opinion and you are quite knowledgeable about lots of immigration subjects.
I don't want to do my mermaid and tell you in every 2 post to not play with words (you guyz should marry sometime, lol) but on this one i have to.

I am happy you got some answers maiflower.

Hmm, now I find that offensive!

Actually, and technically, a reference to a place being a "third world country" is a commentary on its lack of social and economic development, and nothing more. Now to draw a conclusion that the reference "third world country" implies that there are persons of a particular race living there and as such it is under-developed, is nothing more than a personal perception and an error in judgment.

IMO, the error is born out of racism. In my observations, I've concluded that people who cry racism when there is none, are racist. Often they don't realize it or see it that way.

can we put that on youtube?