How to get free of all of this

[Unidentified 2,930]

Do any of you feel enough US citizens exist who are victims of K-1 fraud who can make an amendment to the laws even if it is small change? Or doing something to add some type of safe-guard?

Most people who come here claiming fraud and wants their spouse sent home barely knew their partner before bringing them here.

[EM_Vandaveer 2,370]

how could you get the kid a US birth certificate if he wasn't indeed born in the States.

He most likely means the son has a CRBA (Consular Report of Birth Abroad), no a US birth certificate.

Both proves citizenship by birth.

Edited June 21, 2016 by EM_Vandaveer

[EM_Vandaveer 2,370]

You are very unlikely to get an annulment.

http://www.divorcenet.com/resources/annulment/annulment-basics/tennessee.htm

Above is Tennessee-specific.

[ManCharsey 254]

this is a really bad situation, was the kid born in the US? . she may use the kid to stay in the US and get child support from you. did you sign the birth certificate?

Bad situation for sure but I'm not sure how the "signing birth certificate" fits into the equation. If he made the kid with the gal, regardless of the gals intent, he has to sign the birth certificate. That's called responsibility. The child has nothing to do with the situation and shouldn't be punished for it.

Edited June 21, 2016 by ManCharsey

[ManCharsey 254]

My kid (son) is mine, I had a test done to confirm. My son was born out of the country but got US citizenship at birth and has a US birth certificate. I didn't sign any birth certificate but my name is on both (US and foreign).

My goals:

-have full custody of my child

- have an annulment

- have the wife sent back to her country (long shot; I know)

- worst case scenario, she stays in US, she is granted custody, I end up paying child support - although the bs DV charge was dismissed; it surely doesn't help

I'm pretty sure she got the STD a few months after we got married

Seems like she was really giving it up though she was married to you smh. Wonders shall never end!

She could have given you something even worse like HIV.

Hopefully you're able to get yourself out of this messy situation.

[belinda63 2,981]

I think he means the CRBA.

Since AOS has not been filed divorce her. Your worries at this point should be divorce and full-custody. Either get her out of the house or you leave the house. Do not give her a chance to scream abuse again as this is the ONLY way she now has to adjust status without leaving the US (at least until the child turns 21). It seems she may already have some knowledge of the VAWA path since she has already filed domestic violence charges against you.

This is no longer an immigration issue, it is a divorce issue.

[ManCharsey 254]

Do any of you feel enough US citizens exist who are victims of K-1 fraud who can make an amendment to the laws even if it is small change? Or doing something to add some type of safe-guard?

Unfortunately it goes both ways. There is an equal number of US citizens who bring foreign spouses here and abuse them or control them. At the right time, congress will make some amendments to immigration but until then, you can only hope for good.

[aaron2020 11,651]

My kid (son) is mine, I had a test done to confirm. My son was born out of the country but got US citizenship at birth and has a US birth certificate. I didn't sign any birth certificate but my name is on both (US and foreign).

My goals:

-have full custody of my child

- have an annulment

- have the wife sent back to her country (long shot; I know)

- worst case scenario, she stays in US, she is granted custody, I end up paying child support - although the bs DV charge was dismissed; it surely doesn't help

I'm pretty sure she got the STD a few months after we got married

Hi,

Child custody is not an immigration issue. You will deal with it like any other divorced couple. Whether mom gets a green card or not, you will deal with this until your son is the age of majority. If she is living in the US or in Brazil, the court will take this into consideration when dealing with custody.

You will need a basis for an annulment. Cheating is a basis for divorce. Cheating is not a basis for annulment.

You can not do anything to send her back to her country. (This is considered abuse so this is why you as the petitioner don't have this power over your wife.)

Divorce and move on. Deal with child custody. Forget about punishing her by sending her back (it's not going to happen).

Best of luck

[Harmonia 211]

So you met a woman in Brazil, slept with her in Brazil, had a child with her in Brazil, married her, and now want an annulment, meaning the marriage never existed.

Come again?

Divorce and custody are family law. You need to find a family law attorney licensed in your state. Trying to have her deported is futile and can be seen as a form of abuse and control, if you refuse to do AOS for her. With existing DV charges, I'd want to stay away from anything that can be perceived as controlling if I were you.

[Sandra G. 5,016]

Harmonia you said, "trying to have her deported is futile and can be seen as a form of abuse and control, if you refuse to do AOS for her.". There is no provision in the Immigration Law for what you said. To fall under emotional abuse the abuser must follow a pattern of humiliation, degradation, intimidation, threats, coercion, control etc, and not just one isolated incident.

Edited June 22, 2016 by sandranj

[soulstriker 274]

instead of trying to get revenge focus on supporting the kid and moving on and never getting yourself in a situation like this again

[caliliving 606]

did you meet her on your first trip to brazil?

regardless.. you did not vile AOS.. so dont file that.. she wont have any status here and since she came o a K! she can ONLY get a greencard at this point through you!!! trust me, when she finds that out she will be begging you to make it work.

like others suggested focus on getting custody of your son.. she obviously doesnt have a job here right? does she have family? not your problem where she lives.. you need a divorce attourney asap and you need to get custody of that kid then what she does is what she does.. she can live here illegally like the other millions of people.. not your problem and nothing you can do about that!!!

[Mrs. Wild 87]

Like others have said, trying to get her sent back is futile. It also sounds messy and complicated for the kid, an international custody battle would be a pain to deal with. However, you do not need to be on the hook for her with immigration (financially). You are not obligated to sponsor her (since you have not filed for AOS yet) if the marriage is no longer valid. An annulment seems unlikely, divorce better fits your situation. It sucks that she cheated/got an STD, but that's her problem. My advice is divorce her, speak to a family lawyer to seek custody. If she doesn't have a GC, how will she legally work to provide for your child?

Edited June 22, 2016 by Mrs. Wild

[Aussielad 37]

how could you get the kid a US birth certificate if he wasn't indeed born in the States.

That's exactly what I was thinking...

[Ebunoluwa 6,136]

Well the safe-guard would be to really get to know the person. You're the one who's bringing an immigrant to the country after all so the responsability falls on you.

Absolutely yes !

We are all responsible and must be accountable for our choices in a spouse, it's not Uncles Sam's job.

Sometimes it works out and sometimes it doesn't, such is life but we have to suffer the consequences for our choices

and not look for the government to meddle more than they do already.

People complain because the visa journey is too slow and then when things fall apart they can't wait for the spouse to be

deported fast enough. Get to KNOW someone before you even think marriage.

Let immigration handle her, get off the vengeance train and take care of your son who also still needs his mother.

I feel sorry for the child who did not asked for any of this.

Maybe she had the STD before you and did not want you to know which is just as bad but a possibility, some STD's

can manifest years later in life especially after a stressful event (herpes for example can be dormant for years).

If you are sure she cheated then divorce her, she can't adjust status.