Unpaid Child Support and 601 Waiver

[dream4meashley 0]

I am gathering information to start the immigration process for my husband. I have a couple questions/concerns and plan on consulting with Laurel Scott but thought I would start here first. My husband has two children from a previous relationship (not marriage) with a US Citizen. He was ordered to pay child support in 2006 in the state of FL. He did until he lost his job and we had no other option but to move to KY to live with my family in 2007. He was never able to get a job for the 3 years that we lived in KY (up until July 2010 when he voluntary came back to Mexico no immigration process involved) it is very diffucult for an illegal to get a job in KY. So I worked and supported us both, but we were not married until October 2010 in Mexico. I am wondering how this is going to affect his 601 waiver. Obviously, he would like to return to the US and work and pay his child support. He EWI in 1997 and lived 13 years in the US. We were tired of him living in the shadows and not being able to work so he returned to Mexico to start the immigration process ( wish we would have stayed put and started it from the US but hindsight is 20/20) We can not make it here in Mexico and I need to return to the US and continue my college education and work to support us both. He never had any problems with immigration. He was arrested in 2004 for domestic violence (not with me), went to classes, done his probation, and when I searched FL records, there was no record of it, just the child support judgement. Any advice on how the child support and domestic violence will affect his case?

[YuAndDan 153]

You say EWI 1997, did he have a green-card?? Or do you mean Entry Without Inspection??

You will be dealing with more than unpaid child support, he will have a bar on him for the Entry Without Inspection.

http://travel.state.gov/visa/frvi/ineligibilities/ineligibilities_1364.html

[dream4meashley 0]

No he did not have a green card and we will be filing a 601 waiver. He only entered once without inspection and was not deported, he left voluntarily because we want him to enter legally with a green card. My question is how will the unpaid child support affect the waiver. It seems to me that the US would want him to come back and work and pay his child support.

[belinda63 2,981]

If he was EWI he could not have adjusted status from within the US anyway so better he returned to Mexico.You will need to file a petition for a CR-1 visa, which will be denied due to his overstay, and then file the I-601 waiver. The unpaid child support may or may not come into play either during immigration or after he returns to the States, depends on what they are doing with it in Florida.

[ATPEACE 43]

un-paid child support will affect him in a negative sense, will be considered not good moral. The US doesn't feel he will need to be in the US to pay child-support. All currencies can covert to US dollars. The un-paid child support will be a major issue along with the rest of his problems. Sorry and good luck. If there is a judgement on him for child support it will show up in immigration.

Edited December 31, 2010 by ATPEACE

[dream4meashley 0]

Thanks for all the advice so far. I will definately be consulting a lawyer. and in reply to AtPeace, the only job my husband has been able to find in Mexico in the past 6 months only pays him 50.00 USD per week. I am supporting him mostly. I think the children would be much better off if he had a US job that paid more.

[dream4meashley 0]

Thanks Belina63! I'm from KY too!

[ATPEACE 43]

Thanks for all the advice so far. I will definately be consulting a lawyer. and in reply to AtPeace, the only job my husband has been able to find in Mexico in the past 6 months only pays him 50.00 USD per week. I am supporting him mostly. I think the children would be much better off if he had a US job that paid more.

Please don't take my statement as judgement, I am only stating what the US government would reply back to you. If the world w as perfect, then all things would be seemed the way we look at things, but we must deal with reality. I have seen more than one father get deported.

[dream4meashley 0]

Thanks for the input Atpeace and it is good to get some feedback that I really didn't want to hear. Good to hear it here first than hear it from immigration first Just wondering if anyone has actual child support issues and going through immigration??? I would like to hear from someone that knows first hand.

[ATPEACE 43]

what makes your situation unique is that his childsupport issues are here in th US, not on his home country. Therefore all US laws regarding chilsupport issues will be applied/held against him.

[dream4meashley 0]

him having young (5 & 10) US children seems to me would be a plus for him to return and be a father and pay child support. Not much support can be offered on 50.00 per week and living in Mexico. But logical reasoning and government reasoning tend to be 2 different things.

[ATPEACE 43]

http://www.visajourney.com/forums/topic/285054-i601-legal-research-links/page__st__15

Reading material-Start somewhere

[nurse1967 287]

Don't know what the law states in FL but in KY where I live as well, you can be put in jail if your past due support exceeds a certain dollar amount. They don't care if he is working or not or legal or not. That's something you need to think about before you have children you can't/won't support.

[Deputy Purple 1,294]

You realize that he will have to disclose the Domestic Violence arrest, right? Even if a records check by you didn't show it the Background check should reveal it.

[Justine+David 218]

Is there a reason why you can't pay the child support yourself?