Status revoked but stayed 5 years now

[Villanelle 4,121]

First Im sorry you are struggling so much. You can always message me if you need to talk.

 

Anyway, I suspect you have a good lawyer, not a shady lawyer. Unfortunately in this case, good is not good. You needed one who wouldve manipulated the law in your favor for the divorce and visitation. But whats done is done.

 

Im sure you googled the code in the letter. If you havent heres a snippet- If any of the following circumstances occur before the beneficiary's or self-petitioner's journey to the United States commences or, if the beneficiary or self-petitioner is an applicant for adjustment of status to that of a permanent resident, before the decision on his or her adjustment application becomes final:

 

He got a CR visa. Its a one time use visa for a spouse. Its canceled or activated once he steps foot in the US. They invalidate the visa and give him a perm resident stamp. This occurred on 9/12. You wouldve needed to send the letter canceling your support before he entered. Once he entered it was too late. I understand you still sent the letter and USCIS sent the revocation letter but that revocation was either an error on their part or an auto generated notice revoking your support but had no impact on his card. Im not exactly sure which, and the only way to know is to know what hes in immigration court right now for. If its for the revocation he will win the case since it was submitted after he arrived. It shouldnt take 5 years of court for that though. So its more likely its for the removal of conditions (ROC).

 

His status when he entered was conditional. It gave him 2 years. The plastic green card is just a piece of plastic. It doesnt give you status. Your status is determined by the USCIS computer system. The card is simply proof of having status. So you are incorrect that he didnt have status all this time. Your attny shouldve explained this to you!

 

Thats why all your "complaints" about him are going unanswered. He does have status. If he filed for ROC on time (2 years after entering) he would have to present the divorce decree as well as proof of bonafide marriage. That could be where hes stuck since you separated so quickly after his arrival. Its hard to say what his odds are for approval. What does he have as proof of the marriage being legit? The more docs he has the better his odds. Also if you file a restraining order that will work somewhat against him.

 

The most curious aspect of this is that you were forced to divorce when the marriage wasnt legal. Im not sure how that happened and why your attny didnt do something about that. What proof do you have that the marriage wasnt legal? Thats the proof you need to send to impact his immigration. I suggest ou find the thread in this subforum about reporting fraud to USCIS for instructions on how to contact the FDNS officer at your local office. Give them the proof the marriage was not legal. And go get a restraining order. Custody and visitation can be addressed in it.

[Lemonslice 4,553]

1 hour ago, Damara said:

 

The most curious aspect of this is that you were forced to divorce when the marriage wasnt legal. Im not sure how that happened and why your attny didnt do something about that. What proof do you have that the marriage wasnt legal? Thats the proof you need to send to impact his immigration. I suggest ou find the thread in this subforum about reporting fraud to USCIS for instructions on how to contact the FDNS officer at your local office. Give them the proof the marriage was not legal. And go get a restraining order. Custody and visitation can be addressed in it.

I think it might be that the marriage was legal but not valid for immigration purposes.

[Boiler 43,425]

4 minutes ago, Lemonslice said:

I think it might be that the marriage was legal but not valid for immigration purposes.

Quite possible.

[Ontarkie 13,913]

I know everyone is going on that she can't withdraw her support on a CR1 but is there any chance that the OP's ex came in on a K3 not a CR1? i don't know when they stopped issuing the K3's. 

 

I agree your good lawyer is not good enough. You really should seek the advice of a family law attorney or two just to see if there is anything else that you can do as he threatened to sell your daughter. That should never been taken lightly. 

[NikLR 13,220]

3 hours ago, Damara said:

First Im sorry you are struggling so much. You can always message me if you need to talk.

 

Anyway, I suspect you have a good lawyer, not a shady lawyer. Unfortunately in this case, good is not good. You needed one who wouldve manipulated the law in your favor for the divorce and visitation. But whats done is done.

 

Im sure you googled the code in the letter. If you havent heres a snippet- If any of the following circumstances occur before the beneficiary's or self-petitioner's journey to the United States commences or, if the beneficiary or self-petitioner is an applicant for adjustment of status to that of a permanent resident, before the decision on his or her adjustment application becomes final:

 

He got a CR visa. Its a one time use visa for a spouse. Its canceled or activated once he steps foot in the US. They invalidate the visa and give him a perm resident stamp. This occurred on 9/12. You wouldve needed to send the letter canceling your support before he entered. Once he entered it was too late. I understand you still sent the letter and USCIS sent the revocation letter but that revocation was either an error on their part or an auto generated notice revoking your support but had no impact on his card. Im not exactly sure which, and the only way to know is to know what hes in immigration court right now for. If its for the revocation he will win the case since it was submitted after he arrived. It shouldnt take 5 years of court for that though. So its more likely its for the removal of conditions (ROC).

 

His status when he entered was conditional. It gave him 2 years. The plastic green card is just a piece of plastic. It doesnt give you status. Your status is determined by the USCIS computer system. The card is simply proof of having status. So you are incorrect that he didnt have status all this time. Your attny shouldve explained this to you!

 

Thats why all your "complaints" about him are going unanswered. He does have status. If he filed for ROC on time (2 years after entering) he would have to present the divorce decree as well as proof of bonafide marriage. That could be where hes stuck since you separated so quickly after his arrival. Its hard to say what his odds are for approval. What does he have as proof of the marriage being legit? The more docs he has the better his odds. Also if you file a restraining order that will work somewhat against him.

 

The most curious aspect of this is that you were forced to divorce when the marriage wasnt legal. Im not sure how that happened and why your attny didnt do something about that. What proof do you have that the marriage wasnt legal? Thats the proof you need to send to impact his immigration. I suggest ou find the thread in this subforum about reporting fraud to USCIS for instructions on how to contact the FDNS officer at your local office. Give them the proof the marriage was not legal. And go get a restraining order. Custody and visitation can be addressed in it.

In Colorado, for example, common-law is legal and you can declare yourself married on taxes. The hard part is you need a divorce to leave a common-law relationship just like if you were married.  This may also be the case for the OP.  If you live married, consider yourself married, file taxes as of married, then you're common-law married.  But in Colorado you can marry yourselves at the DMV as well. 

49 minutes ago, Ontarkie said:

I know everyone is going on that she can't withdraw her support on a CR1 but is there any chance that the OP's ex came in on a K3 not a CR1? i don't know when they stopped issuing the K3's. 

 

I agree your good lawyer is not good enough. You really should seek the advice of a family law attorney or two just to see if there is anything else that you can do as he threatened to sell your daughter. That should never been taken lightly. 

It was more than 4 years ago because Ive been here 4 and they were obsolete then.  Likely it was a CR1.  

But I seriously agree with your latter statement.  

[Villanelle 4,121]

I agree the OP needs a better lawyer- or a "worse" lawyer who is willing to stretch and abuse the laws in her favor. And I still think the revocation letter they sent was either in error or just a formality but it doesnt have any impact. Even the code they used it it says you can only revoke before he entered. 

 

As for the custody situation- the only recourse is through civil court with a restraining order. Youd be surprised at how much having one changes things. All of a sudden all the people saying you cant do this or hes entitled to that will start singing a different song. I really hope she goes and gets one. 

 

I think the comments about her being afraid hes going to smuggle the daughter shows she is crazy fearful so she shouldnt have a problem getting one. Logically- unless hes a professional smuggler- there is little to no risk of that happening. You know how hard it is to smuggle things- let alone a child. Hes just threatening her with crazy scenarios and probably because of their history (and him being an abusive person and her having the mindset of a victim) she believes him. She shouldnt have to live in fear like that. 

 

OP- call legal aid. Get an attny from them to file a restraining order for you. They pay for that and you need one. Its crazy that your attny is trying to be civil with a psychopath.

[Lemonslice 4,553]

I've seen similarly terrible/dangerous custody arrangement being solved by the custodian parent moving out of state, far away. Nothing in their agreement was preventing that move - do not attempt without checking in with a lawyer, you do not want to be charged with kidnapping.