Conditional resident when marriage is older than 2 years?

[IcezMan_IcezLady 582]

as far as I am aware, the CR2 is connected to the CR1 primary beneficiary and the sponsor.

You the OP have no part to play in this process since you are neither the applicant or the beneficiary.

Probably, the husband could go back to USCIS to resolve the issue but why wait for so long? 

I think removal of condition is the next step. You can't jump from there to citizenship when he was issued CR1 visa and given 2 yrs conditional GC.

41 minutes ago, Coco8 said:

 

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. 

It is not about when he got married but from when he entered the US.

[IcezMan_IcezLady 582]

1 hour ago, Bart R. said:

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.

It doesn't matter the date of his marriage when he entered the US

[Bart R. 1]

15 minutes ago, IcezMan_IcezLady said:

as far as I am aware, the CR2 is connected to the CR1 primary beneficiary and the sponsor.

You the OP have no part to play in this process since you are neither the applicant or the beneficiary.

Probably, the husband could go back to USCIS to resolve the issue but why wait for so long? 

I think removal of condition is the next step. You can't jump from there to citizenship when he was issued CR1 visa and given 2 yrs conditional GC.

It is not about when he got married but from when he entered the US.

Bob had already been in the U.S. for several years before he married Alice.  We don't know his immigration status, but we suspect he was out of status when he got married.  And he's shown no interest in petititioning for the child; apparently he would rather his own child go back to the same country he was so desperate to escape from.

 

But the original question still remains: is it possible that a mistake was made in issuing the child CR2 status?  And if so, is it possible for the child's guardians to have the mistake corrected without the cooperation (in fact, with the active hostility) of the original petitioner?

[Unlockable 7,306]

You may have to dig for more info. Could be that Bob may very well be out of status. Maybe at one time he held status and has since lost it. Which may explain his wife wanting his son to go back to his country. Really, we are all just guessing with the little information that has been provided.

 

But the guardians has no legal way to maintain the child's status ESPECIALLY with a living parent who is not only living in the US (possibly as a permanent resident) but also has the child's immigration tied ti his. True they can care for him until his card expires but what then?

 

Immigration is not going to give you information about Bob's case which would ultimately explain Charlie's status. So you are limited on finding out if it was a mistake or not unless you go to the source... Bob.

 

We know you want to help but there doesn't seem like there is much for you to do for Charlie. Like said, he is fine for now but if his father chooses not to pursue continuing his son's status to remain in the US, then that is his choice. The efforts Diane is doing for her son is admirable but I'm afraid it may lead to illegal measures in the future with little to no other options available.

[Boiler 43,563]

LPR can sponsor minor children.

[Coco8 1,039]

I was going to say something similar to @NuestraUnion 

 

Also, it seems, to remove conditions, the process is different depending on whether (1) the child became a PLR within 90 days of when the father became a PLR or, (2) the child became a PLR more than 90 days after the father did. You should try to find out about this.

 

So you need to find more about the father status. The 90 days are important because (others might have experience about this) if the case is (2) the child has to file a form on its own with evidence that the marriage real. This might be an easier route for you. 

 

I read OP said stepmother is retaining the child's green card. This is pretty cruel and I don't think she is allowed to do that.

 

 

 

[Boiler 43,563]

Who should retain the GC, child is far too young?