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

[Baltar 0]

IANAL, but from what i understand if the state your living in does not have any wiretapping laws, then it defaults to the federal law which basically says only one side of the conversation has to consent to it - meaning if the guy recorded consents to being recorded, then its ok regardless of whether the other person being recorded is aware of it..

[Donna A 4]

Call the USCIS and report her and hire a family lawyer for custody. The child is an American and his mother is not American and she is two weeks from loosing her status. File for custody of the child and let ICE deal with the rest. worry about the child.Do not have contact with her.

I completely agree. Since you have physical custody of your child, you need to focus on him. Without a court order, his mother regardless of her status has the same rights that you do. She can remove the child from your home without your permission. Forget about whether she can become a permanent resident or not. She can't without marrying you, and she will soon be out of status and subject to deportation. You need to hire a family lawyer for custody. You need to file a police report that the uncle has made threats against you. In the event that she challenges your petition for custody or makes a claim of abuse, you need to gather evidence of what has transpired to protect your son and yourself. If you have access to her e-mail accounts, save it all to a flash drive and print them all out. Give copies of any information that you gather to your lawyer for safekeeping. Retain a copy for yourself in a safe place where your ex-fiancee cannot get to them (work is a good place).

even if she tries to fight custody for the child, that will take a period of time for us to appear in court. By then, her visa will be expired, and she will be an illegal immigrant. The judge will not hand the USC child to an illegal immigrant. Maybe showing up to court as an illegal immigrant is not a good idea?

I completely disagree with your statement that "the judge will not hand the USC child to an illegal immigrant." An illegal alien parent has the exact same rights as a USC parent. Being illegal does not mean that the illegal's parental rights are any less than that of the USC parent. The judge will do what is in the best interest of the child. The judge will look at who can provide a stable environment for the child. Immigration status does not matter.

Is it a good idea for an illegal immigrant to show up for court? The court may take an illegal immigrant's status into consideration in determining what is in the best interest of the child. The court is not ICE, so they will not arrest her or hold her because of her illegal status. You could inform ICE that your ex-fiancee may be at a certain place at a certain time and they can act. However, the court may take this into consideration in adjudicating the custody dispute.

Go see a competent family lawyer.

Here are the reasons why i think i can win this fight to keep the child.

1: I have a decent job

2: I have decent place to live

3: I am a USC and never abandoned my child

4: I don't smoke, or doing any drugs.

On the fiancee's side

1: She doesn't work

2: She's supposed to married me within 90 days as she signed the paperwork, but refused to do so

3: Overstay her visa, violated immigration laws.

4: Cannot support the child

The judge might not take immigration laws into his own hands, but he might take it into consideration, therefore i doubt i will lose this fight

she doesnt have to work....how many woman have kids with no job supporting their kids on child support or welfare? she has an uncle here who is willing to fight to keep her here so im sure he will provide a rent free place for her and her child to live at. she doesnt have to be married to u either to have custody of her child....how many single moms are in this country?

She came here on a k-1 visa, she has 90 days to married me or return home. You said she can stay here without me? you just proved to everyone that you don't have any knowledge what so ever

ok jerk, no where did i say she can stay here without u. now ur the one who just proved u cant read!!! as a matter of fact she CAN stay here illegally with out u. people do it every day.

now to get back to what i was saying without ur rude behavior.

i was telling u not to be so overly confident about just because u have a job and she doesnt mean the judge will give u custody 100%. most judges side with the mother if she is fit. unfit mothers loose custody...not ones who dont work, can not support their children...etc

[Usui Takumi 1,562]

Somewhat random but....if you do some quick Googling of this situation you will actually find a few cases where illegal immigrants were able to hold off deportation because of their children. It wasn't because the child is a USC but because of the effects on the USC father...ie it violates the weekly visitation rights of the father if the mother and child are deported.

I'm not saying that these are precedents because they seem to be in appeals over the first ruling.

[Teacher Mark 53]

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

westernboi, maybe you and Calilove have something in common here. Your stories almost sound similar.

1. Calilove has a baby with his fiance, who is here on K1 and who is also from Vietnam and who left to visit her family with their baby without telling him about it.

2. You too are on a K1, fiance's from Vietnam, you have a baby, and her family is involved and seem to be causing trouble for you.

Calilove's story:

http://www.visajourney.com/forums/index.ph...p;#entry3307416

And I thought I was the only person thinking the same thing: How Westernboi's story sounded precisely the same as Calilove's story. Thank you for recognizing it as well.

Isn't it considered much harder to get fiancee visas granted out of the US Embassy Vietnam? I wonder why? I feel for you westerboi after all the time, trouble and expense to get her here, only to have her bail on you. I hope you get your kid back as well. God Bless.

This isn't a "Vietnam thing". I'd love to see the numbers out of Manilla. I'd wager they're about the same as to the amount of fraud.

[DIARD 1]

Call the USCIS and report her and hire a family lawyer for custody. The child is an American and his mother is not American and she is two weeks from loosing her status. File for custody of the child and let ICE deal with the rest. worry about the child.Do not have contact with her.

I completely agree. Since you have physical custody of your child, you need to focus on him. Without a court order, his mother regardless of her status has the same rights that you do. She can remove the child from your home without your permission. Forget about whether she can become a permanent resident or not. She can't without marrying you, and she will soon be out of status and subject to deportation. You need to hire a family lawyer for custody. You need to file a police report that the uncle has made threats against you. In the event that she challenges your petition for custody or makes a claim of abuse, you need to gather evidence of what has transpired to protect your son and yourself. If you have access to her e-mail accounts, save it all to a flash drive and print them all out. Give copies of any information that you gather to your lawyer for safekeeping. Retain a copy for yourself in a safe place where your ex-fiancee cannot get to them (work is a good place).

even if she tries to fight custody for the child, that will take a period of time for us to appear in court. By then, her visa will be expired, and she will be an illegal immigrant. The judge will not hand the USC child to an illegal immigrant. Maybe showing up to court as an illegal immigrant is not a good idea?

I completely disagree with your statement that "the judge will not hand the USC child to an illegal immigrant." An illegal alien parent has the exact same rights as a USC parent. Being illegal does not mean that the illegal's parental rights are any less than that of the USC parent. The judge will do what is in the best interest of the child. The judge will look at who can provide a stable environment for the child. Immigration status does not matter.

Is it a good idea for an illegal immigrant to show up for court? The court may take an illegal immigrant's status into consideration in determining what is in the best interest of the child. The court is not ICE, so they will not arrest her or hold her because of her illegal status. You could inform ICE that your ex-fiancee may be at a certain place at a certain time and they can act. However, the court may take this into consideration in adjudicating the custody dispute.

Go see a competent family lawyer.

Here are the reasons why i think i can win this fight to keep the child.

1: I have a decent job

2: I have decent place to live

3: I am a USC and never abandoned my child

4: I don't smoke, or doing any drugs.

On the fiancee's side

1: She doesn't work

2: She's supposed to married me within 90 days as she signed the paperwork, but refused to do so

3: Overstay her visa, violated immigration laws.

4: Cannot support the child

The judge might not take immigration laws into his own hands, but he might take it into consideration, therefore i doubt i will lose this fight

she doesnt have to work....how many woman have kids with no job supporting their kids on child support or welfare? she has an uncle here who is willing to fight to keep her here so im sure he will provide a rent free place for her and her child to live at. she doesnt have to be married to u either to have custody of her child....how many single moms are in this country?

She came here on a k-1 visa, she has 90 days to married me or return home. You said she can stay here without me? you just proved to everyone that you don't have any knowledge what so ever

ok jerk, no where did i say she can stay here without u. now ur the one who just proved u cant read!!! as a matter of fact she CAN stay here illegally with out u. people do it every day.

now to get back to what i was saying without ur rude behavior.

i was telling u not to be so overly confident about just because u have a job and she doesnt mean the judge will give u custody 100%. most judges side with the mother if she is fit. unfit mothers loose custody...not ones who dont work, can not support their children...etc

I have to agree with this poster, I was a stay at home mom for 15 years, no job or permenant reidence when I was divorced and I was awarded custody (plus childsupport). All of the things you put down won't have much of a bearing in who gets custody. I think the abandoment issue is more relevant to your case. I would get a lawyer and file for custody asap though.

[MikenKyhen 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

westernboi, maybe you and Calilove have something in common here. Your stories almost sound similar.

1. Calilove has a baby with his fiance, who is here on K1 and who is also from Vietnam and who left to visit her family with their baby without telling him about it.

2. You too are on a K1, fiance's from Vietnam, you have a baby, and her family is involved and seem to be causing trouble for you.

Calilove's story:

http://www.visajourney.com/forums/index.ph...p;#entry3307416

And I thought I was the only person thinking the same thing: How Westernboi's story sounded precisely the same as Calilove's story. Thank you for recognizing it as well.

Isn't it considered much harder to get fiancee visas granted out of the US Embassy Vietnam? I wonder why? I feel for you westerboi after all the time, trouble and expense to get her here, only to have her bail on you. I hope you get your kid back as well. God Bless.

This isn't a "Vietnam thing". I'd love to see the numbers out of Manilla. I'd wager they're about the same as to the amount of fraud.

I agree but in regards to the RP I'd say fraud is even more prevalent within the provinces.

[zqt3344 21]

Her Uncle is full of Kong $hit! Stay away from her and do not have any contact with her unless you have someone else present as a witness so she cannot file false police reports that you abused her, she has to have documented complaints with police for that ruse to work like her Uncle claims he can file for abuse. Sorry to hear you are getting hosed, good luck, she is out of status after 90 days and can be deported. She will not be getting permanent resident status claiming abuse by you unless their is documented police reports or proof.

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

[JimVaPhuong 4,863]

Her Uncle is full of Kong $hit! Stay away from her and do not have any contact with her unless you have someone else present as a witness so she cannot file false police reports that you abused her, she has to have documented complaints with police for that ruse to work like her Uncle claims he can file for abuse. Sorry to hear you are getting hosed, good luck, she is out of status after 90 days and can be deported. She will not be getting permanent resident status claiming abuse by you unless their is documented police reports or proof.

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

She won't be getting a green card even if she DOES manage to get evidence of abuse. VAWA can only be used by the spouse of a US citizen to adjust status. They aren't married. If they actually do talk to an attorney, like the uncle said they would, then they're going to discover this themselves.

[himher 634]

They will also discover, to their dismay, that there is no path for an unmarried K1 to adjust status or obtain a green card. In this case doing nothing at all / washing hands / walking away is the best thing to do. A written offer of a one-way plane ticket might be the honorable thing to do otherwise this is the best point in time to discover this problem.

[sachinky 464]

I'm sorry for your situation.

When she comes back crying/pleading for you to take her back, DO NOT, under any circumstances fall for it. As far as my understanding goes, she needs to be an abused spouse. For that she will need to marry you. And THEN she will claim abuse.

Remove all contact with her. Effective immediately.

Thank your stars you did not marry her. Protect yourself and your child.

File with the necessary authorities. Get it on record. Contact USCIS, ICE, and the police. Get a lawyer, if you haven't already.

[Chica Yeyé 41]

and you bumped a 2 month old thread for what reason, exactly?

[sachinky 464]

I didn't realize the thread was two months old. The topic caught my eye, I read the OP and responded. I didn't read through the other posts.

Sorry if a bumped thread bothers you.