B2 confusion!

[Michelle81 0]

hi everyone...

this question is for a friend!(thanks to my VJ friends and this site, i thankfully have my GC in hand!! and it only took 3.5 months from the time i sent in my AOS package!)

entered the US on a B2 visa then married a US citizen before B2 ran out. they didnt file for AOS until recently but theyre case is a lil weird...

they've been married for 2 years no and have twin babies now. During this time, their marriage isnt so peachy and the husband is refusing to cooperate with her for the visa change and said he will not attend the interview when it comes around.

few questions:

1. what should she do now?

2. can she take the children back to her home country?

3. can she stay here some other way?

4. what legal help is she entitled to?

5. can she get deported? if so, what will happen to her children?

i know this is vague, but its a stcky situation!!

any advice is welcome and i am very grateful to you for reading this and taking time to help us!

Michelle81

[juliava 80]

hi everyone...

this question is for a friend!(thanks to my VJ friends and this site, i thankfully have my GC in hand!! and it only took 3.5 months from the time i sent in my AOS package!)

entered the US on a B2 visa then married a US citizen before B2 ran out. they didnt file for AOS until recently but theyre case is a lil weird...

they've been married for 2 years no and have twin babies now. During this time, their marriage isnt so peachy and the husband is refusing to cooperate with her for the visa change and said he will not attend the interview when it comes around.

few questions:

1. what should she do now?

It depends...what does SHE want to do?Does she want a divorce?Does she want to leave US?Does she want to stay?2.

can she take the children back to her home country?

No, unless the spouse approves it, otherwise she could be charged for kidnapping. 3.

can she stay here some other way?

I'm not really sure how as AOS in her case is based on marriage. If the marriage is ending and the spouse doesn't help her at all, I am afraid there is no grounds for AOS, therefore there is nothing she can do.

4. what legal help is she entitled to?

Again, it depends what is she up to.5.

can she get deported? if so, what will happen to her children?

If her husband doesn't show up at the AOS interview, the AOS is denied and USCIS starts removal proceeedings so Yes, she may be deported anytime. I am not sure how the kids are handled in this situation

i know this is vague, but its a stcky situation!!

I am sorry about your friend...

any advice is welcome and i am very grateful to you for reading this and taking time to help us!

Michelle81

[zeezawrydan 1]

If the Children are born in the US, there is a chance that she could get her visa through them. How? I am not sure.

Im sorry to hear about your friend.

[Boiler 43,634]

1. what should she do now?

That is really up to her, what does she want to do?

2. can she take the children back to her home country?

If she has a court order or fathers permission in writing.

3. can she stay here some other way?

VAWA?

4. what legal help is she entitled to?

None

5. can she get deported? if so, what will happen to her children?

Yes

That would depend, they could go to if the Father is agreeable.

[juliava 80]

If the Children are born in the US, there is a chance that she could get her visa through them. How? I am not sure.

Im sorry to hear about your friend.

They are way too young to be eligible to sponsor her, so right now this doesn't help.

[Brother Hesekiel 2,235]

If the husband doesn't attend the interview, the AOS petition will be denied and she's going home.

If the children were born in the US, they are US citizens. US citizens need a US passport to leave the US. She can only take them to Australia if the husband agrees. If he doesn't and she takes them, the US embassy in Australia will press charges for kidnapping and she's going to jail until her hair turns gray, maybe white.

[lynJer 7]

they will never deport the mother of two young children....No government would ever (especially the USA) allow such rot. I believe that immigration laws are pretty crook in most cases, but she will be right...there will be a way for her to stay.

Going back to Australia would require an avidavit from the father acknowledging their permanent return or temporary return which ever she is trying to do, or a court order which shows she has sole custody.

If she returns to australia and stays there against the fathers wishes with his children, yeah....big trouble...it can be treated as kidnapping.....

so tell her to try for a court session awarding sole custody otherwise the US Govt will grant her residency....they have to....I am going through something a little bit the same with my son....they cant kick him out to australia cos his only family is here....

hope she is alright.....

now if all else fails....CALL TODAY TONIGHT OR CURRENT AFFAIR...THEY GIVE THE CASE HUGE AIRPLAY....FANTASTIC MEDIA STORY....

[Deputy Purple 1,294]

they will never deport the mother of two young children....No government would ever (especially the USA) allow such rot. I believe that immigration laws are pretty crook in most cases, but she will be right...there will be a way for her to stay.

Not true, especially in a case where the is a biological father who is a US Citizen and can care for the kids here.

This is a real good case for "File AOS as soon as humanly possible" though, too bad she didn't get it done shortly after they were married.

Edited October 28, 2010 by Bob 4 Anna

[lynJer 7]

Not true, especially in a case where the is a biological father who is a US Citizen and can care for the kids here.

I stand by what I said.....there are alliances formed between certain countries and unless that mother is found to be involved in crime...the USGOVT will not deport her as her biological children are still way too young to be without their mother...and it is irrellavent as to the style of parenting the father can provide. The US Govt takes refugees from all over the world, as does Australia, do you really think its going to kick the mother of one of its own citizens out and take on a refugee instead....???

In cases like this we can be all grateful that we are living under an understanding set of laws that are happy to be broken when required....besides, they had already filed their AOS.

[desert_fox 32]

I stand by what I said.....there are alliances formed between certain countries and unless that mother is found to be involved in crime...the USGOVT will not deport her as her biological children are still way too young to be without their mother...and it is irrellavent as to the style of parenting the father can provide. The US Govt takes refugees from all over the world, as does Australia, do you really think its going to kick the mother of one of its own citizens out and take on a refugee instead....???

In cases like this we can be all grateful that we are living under an understanding set of laws that are happy to be broken when required....besides, they had already filed their AOS.

They kick em out every day...!!

[Brother Hesekiel 2,235]

Very important information: they will kick the mother out so fast, it would make your head spin. The kids go to the father and that's the end of the story.

Keep in mind, this is the typical "anchor baby" scenario. If they would not kick out the parent(s), all an illegal immigrant had to do is pop out an USC baby and they would be allowed to stay in the US.

Not so, Kagarooman!

Edited October 28, 2010 by Just Bob

[juliava 80]

I stand by what I said.....there are alliances formed between certain countries and unless that mother is found to be involved in crime...the USGOVT will not deport her as her biological children are still way too young to be without their mother...and it is irrellavent as to the style of parenting the father can provide. The US Govt takes refugees from all over the world, as does Australia, do you really think its going to kick the mother of one of its own citizens out and take on a refugee instead....???

In cases like this we can be all grateful that we are living under an understanding set of laws that are happy to be broken when required....besides, they had already filed their AOS.

So what you are trying to say here is if you go ahead and have kids you are not going to be deportable?Never heard that before.

Can you provide us an official link stating what you just said above?It would be really helpful to a lot of our members. I think.

[Boiler 43,634]

Remember that Mexican Lady in Chicago last year.

Happens all the time.

No such thing as an anchor baby.

[lynJer 7]

No....that is not what I just said....

please re read the evidence and look for crucial info which makes this poor womens situation very different from just going out and having kids as you seem to think she has....

[Boiler 43,634]

She is out of status and deportable.

Nuff said.