Effects of police report on pending AOS application (merged)

[Thesearethedays 6]

2 hours ago, Rocio0010 said:

This is outside of immigration, but as an adult working with kids I 100% suggest that you tell him the truth. Consult with a counselor first, but people have a right to know about their origins.

He's too young for a talk about his bio father. All he would know is that daddy sent him away. 

[Boiler 43,788]

13 minutes ago, Thesearethedays said:

He's too young for a talk about his bio father. All he would know is that daddy sent him away. 

This is really down to his Parents

[Thesearethedays 6]

1 hour ago, Boiler said:

This is really down to his Parents

Which would be my wife and all she would do is lie. Especially if she gets deported. Of course it would be all my fault. 

[Redro 4,602]

Just now, Thesearethedays said:

Which would be my wife and all she would do is lie. Especially if she gets deported. Of course it would be all my fault. 

Unfortunately, it appears you cannot control the relationship between you and your stepson… 

But, as you have a shared child, if you win custody of your child you can perhaps explain things to your stepson when he is older. 
I would work on filing divorce, fighting for custody, making sure you put a block on your shared child’s passport (so she can’t flee the US with the baby), and protecting yourself from VAWA claims. 

[Thesearethedays 6]

1 hour ago, ROK2USA said:

Unfortunately, it appears you cannot control the relationship between you and your stepson… 

But, as you have a shared child, if you win custody of your child you can perhaps explain things to your stepson when he is older. 
I would work on filing divorce, fighting for custody, making sure you put a block on your shared child’s passport (so she can’t flee the US with the baby), and protecting yourself from VAWA claims. 

I don't think I would win custody. I have not adopted my step son. I was working on that whnw all this mess started and my wife won't sign anything. 

[Boiler 43,788]

15 minutes ago, Thesearethedays said:

I don't think I would win custody. I have not adopted my step son. I was working on that whnw all this mess started and my wife won't sign anything. 

Do you not have a child together, focus on that child.

[Redro 4,602]

17 minutes ago, Thesearethedays said:

I don't think I would win custody. I have not adopted my step son. I was working on that whnw all this mess started and my wife won't sign anything. 

No… win custody of the shared child. 
If you have custody of your shared child and maintain some type of contact with your STBX wife. You can explain everything to your stepson when he is older… 

if you do not have custody of your shared child you might lose contact with both your biological child and your stepson…and maybe won’t ever be able to explain your side of the story. 

Edited April 18, 2023 by ROK2USA

[TBoneTX 43,482]

Folks, good advice here, but let's take care to keep this thread focused on immigration-related issues.

[Family 3,558]

38 minutes ago, Thesearethedays said:

don't think I would win custody. I have not adopted my step son. I was working on that whnw all this mess started and my wife won't sign anything

As a matter of strategy, I would file for divorce requesting Joint Legal and Physical Custody of child born in the marriage with the standard provisions of joint parental consent. 
She does not need to sign or agree to anything beforehand…YOU just need to serve her and have your attorney ready to move case fast at every step. Thee will be mandated custody mediation..etc and case will move through the family court at its own pace.

 

In the meantime, block the baby’s passport…lots of how to details in past posts.

 

Have you sent letter to withdraw I-854 ?
Have you filed and served her with divorce?
 

What is your thought on you going to stay with your friends/family until you serve divorce papers and see what actions she takes?
 

[Family 3,558]

2 hours ago, Thesearethedays said:

Especially if she gets deported

No one will be  “deporting “ her anytime soon…if she wants to stay she will find a way…. A denial letter will not result in an automatic NTA ..even if an NTA is filed she will get PD / prosecutorial discretion ..

 

So stop driving yourself crazy and stay focused on sanity saving measures: if marriage is done, pull I-864 , file divorce and figure out a way to PHYSICALLY SEPARATE asap….

It doesn’t matter that her version of reality up to now could get her a VAWA green card ….that will have NO NEGATIVE impact on you ..the danger is that violent outbursts could escalate to you getting arrested …so get some distance and clear your head.

[Mike E 11,727]

On 4/17/2023 at 11:06 AM, Thesearethedays said:

Thanks. 

 

What happens with her Son? Since they are on their own processes?  Can I revoke hers but not his? 

 

23 hours ago, Thesearethedays said:

She won't leave him. I asked her to let me adopt him so he could be raised here and have a good future. If kids weren't involved, it would be so much easier. My step son believes I'm his real father and so I'm torn because I don't know what I'm supposed to tell him.  

Then why did you ask what happens to his I-485?

 

 

[Thesearethedays 6]

On 4/18/2023 at 6:28 PM, Mike E said:

 

Then why did you ask what happens to his I-485?

 

 

I thought that if I only cancelled her AOS, his might still continue to be processed.  Granting a GC for him even if he had left the country. 

[Mike E 11,727]

1 minute ago, Thesearethedays said:

I thought that if I only cancelled her AOS, his might still continue to be processed.  Granting a GC for him even if he had left the country. 

GCs are for living in the U.S. Legally if he took up residence in another country, he is subject to a finding of abandonment of LPR status.

[Boiler 43,788]

2 minutes ago, Mike E said:

GCs are for living in the U.S. Legally if he took up residence in another country, he is subject to a finding of abandonment of LPR status.

It would allow his mother to sue to enforce the obligations of the I 864

[Thesearethedays 6]

I got the letter sent off to withdraw the Affidavit of Support, but a week later we received notification that the AOS was approved for both my wife and my step son.