Sponsored husband may have been cheating

[pearls 0]

Thanks for the clarity.  

I don't think its about revenge. I fear my safety more or less because of the threats made against me and my family.  I made the mistake of not calling the police when he was physically abusive. 

One more question.  He is saying that he is going to disappear if i file for a divorce and not pay a dime for my daughter.  Isn't running away from paying child support a crime or did I read something wrong? 

[Suss&Camm 2,213]

20 minutes ago, pearls said:

Thanks for the clarity.  

I don't think its about revenge. I fear my safety more or less because of the threats made against me and my family.  I made the mistake of not calling the police when he was physically abusive. 

One more question.  He is saying that he is going to disappear if i file for a divorce and not pay a dime for my daughter.  Isn't running away from paying child support a crime or did I read something wrong? 

Yes, you can take him to court for that. I found you this: http://www.nolo.com/legal-encyclopedia/getting-your-spouse-pay-child-support-faq.html#answer-1740443

My ex-spouse is refusing to pay court-ordered child support. How can I have the order enforced?

Under the Child Support Enforcement Act of 1984, district attorneys (D.A.s) or state's attorneys  must help you collect  child support. Sometimes this means that the D.A. will serve papers requiring that your ex meet with the D.A.  to arrange a payment schedule. These papers usually  say that, if the ex refuses to meet or pay, jail time could result.

Federal laws  allow the interception of tax refunds to enforce child support orders. Other methods of enforcement include wage attachments, seizing property, suspending the business or occupational license of a payer who is behind on child support, or -- in some states -- revoking the payer's driver's license. Your state's D.A. may employ any one of these methods in an attempt to help you collect from your ex. In addition, the U.S. Department of State may refuse to issue a passport to anyone who owes more than $2,500 in child support.

As a last resort, the court that has issued the child support order can hold your ex in contempt and, in the absence of a reasonable explanation for the delinquency, impose a jail term. This contempt power is exercised sparingly in most states, primarily because most judges would rather keep the payer out of jail where there's still a chance your ex will earn the income necessary to pay the support.

Almost every state has an agency that can help you with child support enforcement at little or no cost to you. For a list of links to these agencies, visit the National Child Support Enforcement Association at http://ncsea.org

[Jonathan Lopes 1]

Documented foreign marriages and divorces are also recognized in US. Many countries have traditional weddings with no Marriage Certificate, but only an oral promise of marriage. These are hard to verify. As long as you have government issued documents from your country stating you are married then it is accepted in US.

[USAMorocco 143]

11 hours ago, pearls said:

Wouldn't it be considered marriage fraud if he has been on dating websites before even moving here? 

I'm sorry you are going through this.  Cheating is not considered fraud.  You would have to have proof like clear cut from his mouth "I used you for a green card" type proof and even then.....well....immigration will do probably nothing. Divorce and move on. 

[USAMorocco 143]

1 hour ago, pearls said:

Thanks for the clarity.  

I don't think its about revenge. I fear my safety more or less because of the threats made against me and my family.  I made the mistake of not calling the police when he was physically abusive. 

One more question.  He is saying that he is going to disappear if i file for a divorce and not pay a dime for my daughter.  Isn't running away from paying child support a crime or did I read something wrong? 

You can take him to court and they will track him through his social security number.  With his SS# they will garnish his pay. If he decided to work under the table than no the court won't be able to take money from him or track him. However...if the parents share custody often times no child support is granted to either parent because it's shared custody.  I get child support for my child because I have sole legal custody. 

[Ontarkie 13,960]

~~Related thread merged. Please do not post multiple threads for related topics.~~

[Leafsfan 54]

3 hours ago, Suss&Camm said:

Yes, you can take him to court for that. I found you this: http://www.nolo.com/legal-encyclopedia/getting-your-spouse-pay-child-support-faq.html#answer-1740443

My ex-spouse is refusing to pay court-ordered child support. How can I have the order enforced?

Under the Child Support Enforcement Act of 1984, district attorneys (D.A.s) or state's attorneys  must help you collect  child support. Sometimes this means that the D.A. will serve papers requiring that your ex meet with the D.A.  to arrange a payment schedule. These papers usually  say that, if the ex refuses to meet or pay, jail time could result.

Federal laws  allow the interception of tax refunds to enforce child support orders. Other methods of enforcement include wage attachments, seizing property, suspending the business or occupational license of a payer who is behind on child support, or -- in some states -- revoking the payer's driver's license. Your state's D.A. may employ any one of these methods in an attempt to help you collect from your ex. In addition, the U.S. Department of State may refuse to issue a passport to anyone who owes more than $2,500 in child support.

As a last resort, the court that has issued the child support order can hold your ex in contempt and, in the absence of a reasonable explanation for the delinquency, impose a jail term. This contempt power is exercised sparingly in most states, primarily because most judges would rather keep the payer out of jail where there's still a chance your ex will earn the income necessary to pay the support.

Almost every state has an agency that can help you with child support enforcement at little or no cost to you. For a list of links to these agencies, visit the National Child Support Enforcement Association at http://ncsea.org

If he disappears and abandons his ties to his child that also makes him a bad parent, as well as a bad husband. He can say that he's going to disappear, but if he wants to stay in the country it doesn't work that way. Green Card holders are required to report change of address within 10 days to the USCIS:

 

Penalties for Failure to Comply

A willful failure to give written notice to the USCIS of a change of address within 10 days of moving to the new address is a misdemeanor crime. If convicted, you (or the parent or legal guardian of an alien under 14 years of age who is required to give notice) can be fined up to $200 or imprisoned up to 30 days, or both. The alien may also be subject to removal from the United States. (INA Section 266(b)). Compliance with the requirement to notify the USCIS of any address changes is also a condition of your stay in the United States. Failure to comply could also jeopardize your ability to obtain a future visa or other immigration benefit.

 

If he has a job wherever he ends up, the IRS is going to know where as well unless it's under the unreported work, which is also illegal and has implications for his GC. Get a lawyer. You cannot have any say in his ability to hold residency, but typically those who file for divorce first get a more favorable settlement, let that be the pound of flesh you're looking for.

[Suss&Camm 2,213]

22 minutes ago, Leafsfan said:

If he disappears and abandons his ties to his child that also makes him a bad parent, as well as a bad husband. He can say that he's going to disappear, but if he wants to stay in the country it doesn't work that way. Green Card holders are required to report change of address within 10 days to the USCIS:

 

Penalties for Failure to Comply

A willful failure to give written notice to the USCIS of a change of address within 10 days of moving to the new address is a misdemeanor crime. If convicted, you (or the parent or legal guardian of an alien under 14 years of age who is required to give notice) can be fined up to $200 or imprisoned up to 30 days, or both. The alien may also be subject to removal from the United States. (INA Section 266(b)). Compliance with the requirement to notify the USCIS of any address changes is also a condition of your stay in the United States. Failure to comply could also jeopardize your ability to obtain a future visa or other immigration benefit.

 

If he has a job wherever he ends up, the IRS is going to know where as well unless it's under the unreported work, which is also illegal and has implications for his GC. Get a lawyer. You cannot have any say in his ability to hold residency, but typically those who file for divorce first get a more favorable settlement, let that be the pound of flesh you're looking for.

correct and if he ever wishes to be a citizen there is also the good moral character requirement for naturalization.

[MajaMukanowska 38]

Why would you want to ruin his life in exchange for him ruining yours? Just move on.

[Hope&Love 38]

This topic of "Report to ICE or USCIS" is always brought up when it comes to divorce. 
.

.

It is hilarious and frankly quite evil when the US spouse tried to use the "I will report to deport you" card against the immigrant spouse. This needs to stop. When things do go your way, you want to get rid of your spouse. Now if she/he abuses you, you have every right to call the police and get your spouse arrested. But to think that you are the god of your spouse on their immigration process, You are not a human being. 

Advice for you: Adultery is a common reason for couples to get divorced. Divorce his a**, get with a better man who loves and hopefully not cheats on you and MOVE ON. 

[mrtravel 40]

16 hours ago, pearls said:

Hello,

 

When I sponsored my husband to the US we only presented an official translated marriage certificate from the country where we got married (Pakistan).  Are we considered legally married then in the US? Need to know for possible divorce proceedings.   Get divorced and move on.  Hopefully he has a job and will not need money from you. However, I will point out the affidavit of support says you agree to support him until he becomes a citizen or has worked 40 qualifying quarters (10 years)

 

Yes, of course it is recognized in the US.  If it was not recognized by the US he would not have been able to get a spousal immigration visa based on the marriage.  You mentioned "10 year green card"...  The card expires after 10 years, but not the status.

Edited April 5, 2017 by mrtravel

[Ortolan 381]

Divorce the guy. Urge him to get his citizenship. USCIS isn't going to do a thing, based on his cheating and bad behavior.

And even though this didn't work out, count your lucky stars that you haven't spent years more of your time wasted on this guy.

Living well, and happily, past him will be the best revenge you can get. You can't punish this guy any better than by holding up your head and going on with your little daughter and making a better life for you both.

Edited April 5, 2017 by Ortolan
misspelling

[Ortolan 381]

If he goes for citizenship, one of the things he'll have to prove, since he has a child, is that he supports that child. So there's that.

[Chardon Ne' 71]

I am no marriage counselor so I will not attempt to tell a grown person what they should or should not do. Do what you need to do to make yourself feel better if it means reporting said spouse then do so. Whether or not it will work is another story but no one here can tell you what they think an IO will say or do. They are also human and you never know you may get an IO who is going through the same thing and is sympathetic to your situation. I love how ppl like to play marriage counselor or psychologist but not everyone responds to stress the same way. Some ppl have issues with anxiety and can only relax if they do something. If that is what you need to do then do it. There is no law that says you cant. Let USCIS tell you it wont work. It is a subjective thing and if you can prove that he was communicating with other women prior to your marriage, they may make an inference (which is what they mostly do) and agree with you that the marriage was not in good faith. i personally know someone who experienced a similar situation to yours and he is now sitting in his home country GC revoked.  Sometimes moving on means taking action. Some ppl cannot even hold it together while they wait for this process even though it is out of their control, so be careful from whom you take advice. 

[Shiobhan 235]

17 hours ago, pearls said:

Hello everyone,

 

Maybe some of you can recognize me from previous posts.  

I have been married for about 7 years now and sponsored my husband under F2A.  We were in a long distance relationship for 4 years and he moved to the US about 3 years ago with a 10 year GC.  About a year after he moved here, I found out he had set up profiles on various dating sites while we were in after long distance relationship.  There are two or three emails of women where he has deleted his responses but you can clearly see that after reply had been made since there is "RE" written on the top of the emails.  He has also been hiding his cell phone to the point thathat he sleeps with it in his pocket.  I found dirty pictures of some woman on his phone once and moreover he talks to two women secretly on whatsapp (I have found messages in the past which I wasn't able to keep as evidence).  He has no interest in me what so ever (surprising since I am much younger than him, educated etc) and had become distant, verbally abusive and even violent on some occasions.  Once I slapped him in self defense and he has been blackmailing me that he will use this against me.  

I really want to figure out if I can have him reported to ICE and what can be done about his immigration status when I file for divorce? I feel like he completely used me to move to the US and we have a young daughter together who is suffering bevause of his verbal abuse.  

No you cannot deport him, are you gonna say he cheated? lots of men do even ICE men

Those that seek will find, all this new technology and sleuthing ruins marriages, when you are

in a relationship and checking wallets phones PC etc becomes like a consistent task then the

relationship is doom there is no trust. No one wants to be cheated on , so get the facts and

move on get a PI before you go bonkers

You cannot get this man deported unless he commits a crime that causes him to be removable

cheating has nothing to do with moral turpitude in USCIS book. Cannot micro-manage a person because

you petition them

Edited April 5, 2017 by Shiobhan