Conditional resident when marriage is older than 2 years?

[Bart R. 1]

I'm hoping to get some clarity on an unusual situation.  Here's the gist of it, using false names:

 

Alice is a U.S. citizen.  In 2012, she married Bob, who is not a U.S. citizen.  In 2016, Bob's 8-year-old child Charlie (from a previous relationship with Diane) arrived in the U.S., the beneficiary of a petition by Alice (Charlie's stepmother).  In 2017, Alice changes her mind and decides to send Charlie back to his country of birth.  Diane, worried that Charlie will lose his opportunity for a life in the U.S., travels to the U.S. (on a visitor visa) and takes custody of Charlie, taking him to live with his aunt and uncle in another state.  At this point, Diane realizes that the green card issued to Charlie only gives him conditional status (CR2).  Diane does not have money for lawyers and court costs.  Diane has some issues with the way Charlie was treated while he was living with Alice and Bob, but no real evidence of abuse.

 

Alice and Bob are uncooperative and USCIS hasn't been able to tell Diane why Charlie was given CR2 status, even though the marriage was provably older than 2 years when Charlie was issued his visa.  What might be the reason for the CR2 status?  Could it have something to do with Bob's immigration status, which is unknown to Diane?  More importantly, does Charlie have any recourse to stay in the U.S. lawfully after his 2-year green card expires?

 

Thank you for any light you can shed on this situation.

[Unlockable 7,306]

Seems like there was no removal of conditions. When Charlie went back to his country his green card was abandoned. Actually, Charlie's GC may still be valid. Tough to say without information for Alice or Bob.

 

Diane can't adjust Charlie's status because she is not a US citizen. She basically has him here and doesn't know if he has any status (as well as she may be here out of status as well).

 

Without Bob and Alice, Charlie may not have mnay options. Are Bob and Alice still together? What is Bob's status currently? 

 

Edited May 14, 2017 by NuestraUnion

[Bart R. 1]

Thanks for your reply.  Charlie has not left the U.S.; Diane took custody before he was sent away.  Neither Charlie nor Diane are out of status.  Charlie has until 2018 on his green card, and this has been verified directly with USCIS.  Diane is currently here on a 6-month visitor visa and has not overstayed.  Yes, Alice and Bob are still together.

[Boiler 43,436]

Diane is her visiting.

 

She has custody of her son and will be heading home soon so what will happen to her son when she leaves if he does not go with her?

[Bart R. 1]

Diane has signed a Power of Attorney giving Charlie's aunt and uncle custody while she is not present.

[Boiler 43,436]

So he can stay why he has legal status and then goes home when his GC comes up for removal of conditions.

[Bart R. 1]

Yes, we believe there is no problem for him to stay until that time, but the question is whether he will have any option for staying after that.

[Boiler 43,436]

A student visa?

[Unlockable 7,306]

1 hour ago, Bart R. said:

Thanks for your reply.  Charlie has not left the U.S.; Diane took custody before he was sent away.  Neither Charlie nor Diane are out of status.  Charlie has until 2018 on his green card, and this has been verified directly with USCIS.  Diane is currently here on a 6-month visitor visa and has not overstayed.  Yes, Alice and Bob are still together.

Thanks for the additional information. In your initial post you stated that Alice decided to "send Charlie back to his country of birth" I initially thought he left the country and Diane used her visitor visa to bring Charlie back. 

 

53 minutes ago, Bart R. said:

Yes, we believe there is no problem for him to stay until that time, but the question is whether he will have any option for staying after that.

Seems like Charlie is good for now but you are correct that after two years his options are uncertain without the other parties (Bob and Alice). Charlie's aunt and uncle may have custody but I don't believe that can help him remove conditions. And, of course, his mother is neither a US citizen nor LPR and it doesn't seem like she has a way to gain residency either. 

 

Certainly an interesting circumstance.

[Boiler 43,436]

That would be the solution for the mother to obtain residency.

[mrtravel 40]

"even though the marriage was provably older than 2 years"

I suspect it might not have been, as that would explain the CR2. 

Why doesn't his mother just take him home with her, as his visa sponsor seems to NOT want him in the US.

 

[Bart R. 1]

1 hour ago, mrtravel said:

"even though the marriage was provably older than 2 years"

I suspect it might not have been, as that would explain the CR2. 

Why doesn't his mother just take him home with her, as his visa sponsor seems to NOT want him in the US.

 

The marriage date in 2012 is a matter of public record; we verified it quite easily with the county clerk's office. We're looking for solutions for the child to stay in the U.S. that don't depend on the capricious whims of his stepmother.

[Boiler 43,436]

His father can petition for him.

[Jojo92122 1,924]

13 hours ago, Boiler said:

That would be the solution for the mother to obtain residency.

Diane doesn't have a path for obtaining residency.

[Coco8 1,039]

1 hour ago, Boiler said:

His father can petition for him.

 

Yes, if Bob got married in 2012, and we are in 2017, isn't he able to gain citizenship by now? That would make the UCS stepmother unnecessary in this equation.