Please Help!

[Boiler 43,429]

Part of the Divorce process and often used when going the VAWA route.

[Hello729 74]

11 minutes ago, Boiler said:

Part of the Divorce process and often used when going the VAWA route.

Oh I see and thank you for educating me about the process.

[Nitas_man 3,100]

2 hours ago, Hello729 said:

How do I pull the I485?

 

Send a notice in writing to USCIS cancelling the affidavit of support.

[Nitas_man 3,100]

1 hour ago, Hello729 said:

In order to withdraw the affidavit of support, do I have to give a reason?  If so, what should I write?

No reason.  You (can) fire the first shot by implying that you feel she used you for immigration purposes only and you feel she never had any interest in pursuing a valid marriage.

[Nitas_man 3,100]

2 hours ago, Jorgedig said:

Really?  So, because her USC spouse withdraws her path to legal status, she loses her parental rights?

Someone has to raise the baby.  What gives her more right than him?

[Nitas_man 3,100]

2 hours ago, Jorgedig said:

Exactly.  My point was that if and when she has to depart the US, the baby will be going with her.

Courts do not let one parent take a USC newborn out of their jurisdiction if the other parent refuses to allow it.

 

 

1 hour ago, Hello729 said:

This might be a dumb question...but do I have to tell her that I am withdrawing the affidavit of support?  

Nope

[SalishSea 16,769]

1 minute ago, Nitas_man said:

Someone has to raise the baby.  What gives her more right than him?

My point was that as an immigrant who he brought here to marry, now facing possible deportation due to his change of heart AND possibly losing her baby, she apparently has no parental rights at all.  Pretty sad if true.

[SalishSea 16,769]

1 minute ago, Nitas_man said:

Courts do not let one parent take a USC newborn out of their jurisdiction if the other parent refuses to allow it.

 

 

Nope

I get that immigration law trumps family law, but hopefully the courts will help them come to an arrangement where she isn't permanently separated from the baby.

[payxibka 10,044]

2 hours ago, Hello729 said:

Do I withdraw the affidavit of support only?  Or do I have to withdraw the application for green card too?

You can't withdraw the i485 as it is not your application. 

[payxibka 10,044]

24 minutes ago, Jorgedig said:

My point was that as an immigrant who he brought here to marry, now facing possible deportation due to his change of heart AND possibly losing her baby, she apparently has no parental rights at all.  Pretty sad if true.

Don't confuse parental rights with custody.   There are more components than just custody 

[payxibka 10,044]

1 hour ago, Hello729 said:

In order to withdraw the affidavit of support, do I have to give a reason?  If so, what should I write?

Refer to geowarian's post,.  Answered already 

[Hello729 74]

45 minutes ago, Nitas_man said:

No reason.  You (can) fire the first shot by implying that you feel she used you for immigration purposes only and you feel she never had any interest in pursuing a valid marriage.

Ok got it 

[Boiler 43,429]

34 minutes ago, Jorgedig said:

I get that immigration law trumps family law, but hopefully the courts will help them come to an arrangement where she isn't permanently separated from the baby.

Neither trump each other, trump? no pun intended.

 

Family Courts are State based and will look at things within their jurisdiction, Immigration is Federal and neither can tell the other what to do.

 

Obviously we do not know the dynamics here but if she was the one posting I would be suggesting she consider returning home before the birth as then the Child custody issue is for the Chinese courts and she would be on home turf. I would imagine the Chinese courts are not going to be too sympathetic to allowing the child to be taken out of China.

[Hello729 74]

40 minutes ago, Jorgedig said:

My point was that as an immigrant who he brought here to marry, now facing possible deportation due to his change of heart AND possibly losing her baby, she apparently has no parental rights at all.  Pretty sad if true.

I sympathize with you.  But it was not a case of change of heart.  It is a case of a broken heart that I will have to live with for the rest of my life.  She was caught talking to other men in China.  I know I am idiot.  I want to do what’s best for the baby.  I am willing to die for my baby.  I know that I have made a mistake.  I regretted it every day.  I hope you can see where I am coming from and thank you for taking the time to write to me and educate me about my dire situation.  

[Hello729 74]

5 minutes ago, Boiler said:

Neither trump each other, trump? no pun intended.

 

Family Courts are State based and will look at things within their jurisdiction, Immigration is Federal and neither can tell the other what to do.

 

Obviously we do not know the dynamics here but if she was the one posting I would be suggesting she consider returning home before the birth as then the Child custody issue is for the Chinese courts and she would be on home turf. I would imagine the Chinese courts are not going to be too sympathetic to allowing the child to be taken out of China.

She does not want to go back to China.  I offered to fly her home.  She refused.  She is insisting on using our newborn against me.