Fiancee is here in the US, but the table has turned

[Cdnwmn 0]

I would be contacting USCIS and also contacting a lawyer about gaining legal custody of the child.

Good luck!

[lindal24 1]

I have one question for westerboi, calilove and others who seem to be in the same position:

Was there no tell tail signs that you were being scammed??

Please don't take this question the wrong way, but maybe if you can post anything that seemed fishy before you started the process???

[AbbynSheryl 0]

hey u better watch out. after talking to attorney they might be nice to u and try to make u marry her so she can get a green card, without u she can not do anything and after 90 days she will be illegal alien and she has to leave the country, that is my advice just be careful please and dont fall for her and her uncle bcz u already know what they want, and people do anything i mean anything, abby n sheryl

[Dakine 26]

The OPs situation is a excellent example why certain embassies are tougher on peeps being approved. Word no doubt gets back to the COs and they no doubt crack down all the more.

If I were a CO I sure wouldn't like it when I heard scammers got by me.

Makes it tougher and tougher on the straight shooters.

I imagine the USC kid had something to do with the approval.

Edited September 19, 2009 by Haole

[venusfire503 54]

I don't know the specifics of the situation, but there is a way to report any child you believe is at risk to be taken out of the country. If the child is a USC, does he/she also have a US passport? I'm guessing there is also a passport from the mother's country as well? Either way, I recommend finding out RIGHT AWAY what to do to make sure if she realizes she is getting deported, that she can't just take the child without the father's knowledge.

Best of luck

venusfire

[JimVaPhuong 4,863]

I don't know the specifics of the situation, but there is a way to report any child you believe is at risk to be taken out of the country. If the child is a USC, does he/she also have a US passport? I'm guessing there is also a passport from the mother's country as well? Either way, I recommend finding out RIGHT AWAY what to do to make sure if she realizes she is getting deported, that she can't just take the child without the father's knowledge.

Best of luck

venusfire

Department of State has a program where you can register a child's name, and they will let you know if a passport application has been submitted in that name. They don't have the legal authority to stop a passport from being issued without an order from a court or other government agency, though.

If the child's birth was reported at the consulate in Vietnam then it has a US passport. No foreign passport would be required. The US government will not stop a US citizen from leaving the country with a valid passport. We went through all of this with calilove. He'd have to go to court and get a temporary custody order in place, and the court would have to seize the child's passport (which they will do if they suspect one parent might attempt to flee the country with the child).

OP says "they left us", which I guess implies that his fiancee took off and left him with the child. It doesn't sound to me like there's a danger of her leaving the country with the child. In fact, it doesn't sound to me like she has any intention of leaving the country at all.

It's already been said several times, but her uncle doesn't know what he's talking about. She's in the US on a non-immigrant visa, and she doesn't become an immigrant until she marries him. VAWA can only be used for the spouse of a US citizen to adjust status. It doesn't apply to a fiancee.

I'm not sure what, if anything, USCIS can do. Unless the clock runs out and she's still not married to the petitioner, then she's in the country legally. If I were the OP, I'd avoid her like the black plague, and just let the I-94 run out. After that, I'd report to USCIS that I didn't marry her, and I'd tell them where she was (if I knew).

[BinhJerome 14]

Im sorry

I just wanted to add that you should make sure you are NEVER alone with her if they are planning on claiming abuse. Even if their attempt to adjust based on VAWA fails, you dont need any false police reports and the drama of having to face that with your child.

Make sure you start documenting each time you speak with her when she referrences this "plan", that way its written down and you wont forget if asked months down the road.

be careful and mostly..im sorry you and your child are going through this.

That is good advice. You might even try to video tape or record her uncle or her saying what they are planning on doing. I would also write a letter to the USCIS and let them know before they every file anything and I would even call the cops and tell them what was said that way if you beat them to the punch it does not look good for them. Sorry to hear about your sitution. We wish you the best

Jerome and Binh

[westernboi 0]

Im sorry

I just wanted to add that you should make sure you are NEVER alone with her if they are planning on claiming abuse. Even if their attempt to adjust based on VAWA fails, you dont need any false police reports and the drama of having to face that with your child.

Make sure you start documenting each time you speak with her when she referrences this "plan", that way its written down and you wont forget if asked months down the road.

be careful and mostly..im sorry you and your child are going through this.

That is good advice. You might even try to video tape or record her uncle or her saying what they are planning on doing. I would also write a letter to the USCIS and let them know before they every file anything and I would even call the cops and tell them what was said that way if you beat them to the punch it does not look good for them. Sorry to hear about your sitution. We wish you the best

Jerome and Binh

recording is a good thought, but it's illegal to record a conversation with or at someone else without their permission. I was reading a news the other day about a man who confronted a man that screwed his car at an auto body shop. He was using a recorder to record the conversation and showed them to the cops, the cops arrested him on the spot for violating the law to record a conversation with someone without their permission.

[USAplusColombia 1]

Just my two cents. In my state we have DVP's. A person goes to a local magistrate and complains of some sort of abuse. It has to have a physical element. For instance, he blocked the door, not allowing me to leave, pushed me, hit me. A magistrate will give this to anyone that complains of abuse. Your recourse is to go to Family Court to the scheduled hearing (within 15 days) to claim no abuse.

You don't want to be in this situation. Notify the government that you are apart and you are refusing to marry her. Time will be important in this, you need to do it before she files a DVP (or whatever you have in your state). Have NO contact with her. It would be good if you could build in a witness. Maybe even video tape any encounter that you must have.

Good luck.

[BinhJerome 14]

How long has your fiancee been here, when did she get the visa? Are you in California? Not trying to be real personal, just trying to have some more info. I know there is a huge Vietnamese community in California so if she tries to go on the lamb it will be easy for her to hide. I would hurry and send letters letting everyone know what she is trying

jerome

[westernboi 0]

Hello,

My fiancee just got here on a visa that expires in 90 days. It clearly states that she has to marry me within the 90 days or she has to go back home. We have a baby together, but she decided to leave us. She left with her uncle thinking she can become a permanent residence without me. Her uncle told me he'll hire a laywer to do the paper work for her to stay here as a permanent residence without me at all. I then asked him how is that possible sir? He said he can tell the laywer i abused h or threw her out of the house, therefore she has the right to report this and get permanent residency. I can't believed they would make up such a lie for her to stay. Is it true that she can stay in the US as a permanent without me? I thought she has to marry me within 90 days or she has to leave the US?? i am thinking to hired a lawyer but first i need your help

Hello alll

i saw one case like that, the lawyer can not do not thing, but if you a abused her ,some one to see that with out the police ,she can stay the US

i see it in san jose

Oh man What is going on man, sponsor for you guy so hard and spent so much money ,you guy see that how hard the Co to do for us

john

you said in order for her to stay in the US, she can claim abused and must have witnesses for her to stay in the US? A few said it only applied to a spouse and not fiancee?

[westernboi 0]

How long has your fiancee been here, when did she get the visa? Are you in California? Not trying to be real personal, just trying to have some more info. I know there is a huge Vietnamese community in California so if she tries to go on the lamb it will be easy for her to hide. I would hurry and send letters letting everyone know what she is trying

jerome

Jeromebinh, we're from San Jose, California. The Vietnamese population here is huge. She is a few weeks away from her I-94 expiration date. I can't believed her uncle said he can hire a lawyer that could do all the paper work needed for her to stay here in the US without marrying me. I don't think that can happen, but a few laywers might tell them "yes" they can do it.

Edited September 20, 2009 by westernboi

[doodlebugg 10]

Not to be too too callous but have you asked for a paternity test as well? I'm so sorry that you're going through this and hope you can resolve it in a way that's best for you and the child.

[ScottThuy 140]

Its a good thing its going down the way it is.. It could have been far worse had she stuck around a while and taken him for everything he has... I remember Green and his ordeal..http://www.visajourney.com/forums/index.php?showtopic=194580&st=0&start=0 That was one messed up situation. I hope the best for you and your son and hope that you are able to protect yourself and your son in the coming weeks....

Dont be surprised if her uncle smacks her around and they file a false report saying you did it in some misguided attempt to use VAWA... best of luck in the future Boi

[SuperDuper! 230]

I have one question for westerboi, calilove and others who seem to be in the same position:

Was there no tell tail signs that you were being scammed??

Please don't take this question the wrong way, but maybe if you can post anything that seemed fishy before you started the process???

Why are you apologetic about looking for red flags? It's important to look at a foreigner's motives for wanting to marry a US citizen, who might just have a 2 week visit in her country before proposing to her. Someone can put on a good act for two weeks. Over time, hopefully we can spot red flags that tell us the foreigner has ulterior, even criminal motives. Going in blind to red flags needs apologizing for. Cheers.