ralphlaw

Have you asked your attorney if there is enough evidence of another VAWA case inside your case: abuse of child by your wife?

I was only asking...
But anyway. You're the perfect husband and she's pure evil. Got it!

Ok, I'm one of those sad bleeding-heart types But to play devil's advocate...
Have you considered she may have cared about you and wanted to start a life with you but was simply still in love with her "ex"? These things take time sometimes.
You're absolutely right to divorce her, but she's been uprooted from her home and past life. It's what she wants, but probably wouldn't have done so if she wasn't so desperate to escape poverty. Desperation makes people do a lot of crazy things.
Sounds like you've already thrown the book at her. Unless she's going to be a danger to yourself or your child, would it be so bad to have her as some small part in your lives? Why does she have to be deported? ( honestly just asking here )

I was only asking...
But anyway. You're the perfect husband and she's pure evil. Got it!

I was only asking...
But anyway. You're the perfect husband and she's pure evil. Got it!

I just want to say to the OP that you should keep faith and start looking for an attorney. Don't give in to a defeatist attitude until you've given things a go.
A lot of posters will just give you their opinion of the law. They may be knowledgeable but they're not all-knowing.
Do an initial consultation with a few attorneys. To many, even really good ones, initial consultation is free. To others it's under $100. You've spent the last few years pursuing this thing. Don't give up without a fight.
Sit down with an attorney and talk about the ins-and-outs of your case. Take notes. Carry what you've learnt to the next initial consultation. Do this until you're satisfied you're getting a consistent message. Act on your options then.
You've mentioned that working things out with your wife is still an option. It maybe your best one. Bring that up with a professional.
If you want this thing there's always options. It may include leaving. Find out what the next best one is and pursue that next.

Hear that guys, you don't have to suffer in silence any longer.

Laugh. In about 20 years.

I believe you have received good advice from everyone suggesting to just move on; but I also believe you are in no way ready to let go of your husband. You have controlled his life for less than a year by not filing his papers and now he tries to put an end to it. You suspect him because you married him just before his visa ran out - yet you do not know what kind of visa he has. Sounds to me like you didn't care about any of that when you got married. You feel cheated and now you're out for revenge. You have no proof of fraud and therefore no means to report him.
And in regards to this comment: "... What upset me is that cases like these happens all the time, I really feel like if the victims does not do what they need in order to put a stop to it, then it is bound to continue to happen..."
You are right about cases like these happening all the time, but the only way to stop them is to use your head before it happens and not whine around after the fact. You messed up - get over it and move on. USCIS does not need bitter, vengeful women or men on the warpath just because life didn't work out the way you pictured it. If they suspect fraud they will do whatever they can legally do without the so-called help of vindictive people that can't admit to their own mistakes. Clean up your own mess, get a divorce and get a life!

Calm down.
There's the law, ethics and morals. These are three different things. The post is not necessarily contradicting itself.
Immigration fraud is illegal. Neither the original poster nor the post you replied to argue that it's not. We're all in agreement.
But sometimes upholding the law means doing something that's ( rarely ) unethical or ( often ) immoral. Your morals are more of a personal affair, and for some of us seeing innocent children suffer and not do something about it ( even if that something is illegal ) is in itself immoral. To other people, their moral code presents no no such ambivalence. Neither is "right" or "wrong". The original poster simply followed his conscience.
Which is the best thing anyone can do it this situation.
Personally, I respect him for sticking it out for the kids. Financially you'll probably get screwed but at least you know you did what you thought was best for everyone involved at the time.

Calm down.
There's the law, ethics and morals. These are three different things. The post is not necessarily contradicting itself.
Immigration fraud is illegal. Neither the original poster nor the post you replied to argue that it's not. We're all in agreement.
But sometimes upholding the law means doing something that's ( rarely ) unethical or ( often ) immoral. Your morals are more of a personal affair, and for some of us seeing innocent children suffer and not do something about it ( even if that something is illegal ) is in itself immoral. To other people, their moral code presents no no such ambivalence. Neither is "right" or "wrong". The original poster simply followed his conscience.
Which is the best thing anyone can do it this situation.
Personally, I respect him for sticking it out for the kids. Financially you'll probably get screwed but at least you know you did what you thought was best for everyone involved at the time.

Calm down.
There's the law, ethics and morals. These are three different things. The post is not necessarily contradicting itself.
Immigration fraud is illegal. Neither the original poster nor the post you replied to argue that it's not. We're all in agreement.
But sometimes upholding the law means doing something that's ( rarely ) unethical or ( often ) immoral. Your morals are more of a personal affair, and for some of us seeing innocent children suffer and not do something about it ( even if that something is illegal ) is in itself immoral. To other people, their moral code presents no no such ambivalence. Neither is "right" or "wrong". The original poster simply followed his conscience.
Which is the best thing anyone can do it this situation.
Personally, I respect him for sticking it out for the kids. Financially you'll probably get screwed but at least you know you did what you thought was best for everyone involved at the time.

I am starting this link as a place for people to START researching the I601 process and what is required once this is required in the Immigration Process. If you have links to research, attorney guides or discussions, HSL letter examples, or links to Embassy processing times post here.
To get the ball rolling here is an overview of what the I601 means by Shaw Peerally law Group.
I-601 Immigrant Visa Waiver Lawyers
What Is an I-601 Waiver, and When is it Required?
Some foreign nationals may be deemed inadmissible under INA 212(a), which covers bases including unlawful presence, criminal violations, and immigration fraud or misrepresentation. If a foreign national is considered inadmissible, then he or she must obtain a waiver of inadmissibility if they are seeking lawful permanent resident status. Generally, in order to successfully obtain an I-601 waiver, you must prove "extreme hardship" to a qualifying relative is moved to the applicant's country, and that the qualifying relative can't remain in the US without the applicant. These hardships are also weighed against "mitigating and aggravating factors."
Extreme hardship is vaguely defined as "greater than the normal hardship" that you would expect the relative to have if the applicant is not given a visa. "Normal hardships" such as the separation anxiety, missed income, and difficulty for the qualifying relative to move to the applicant's home country due to cultural differences, will not be enough to garner an approval on an I-601 waiver. One of the most typical factors supporting an argument of extreme hardship include the qualifying relative's medical/physical condition which wouldn't be properly managed if the applicant were away and if the relative had to move to the applicant's home country. Financial hardship is also a potential factor, but it must be framed so that it is clear that the qualifying relative's loss is relating to missing basic needs rather than merely missing out on a lifestyle improvement. Depression and compromising mental health is also a potential factor, but generally, if the qualifying relative has no history of depression to show that they are especially sensitive, this would be a weak factor. There are a number of other potential factors relevant to extreme hardship, such as any unusual country conditions in the applicant's home country making it difficult for the qualifying relative to live in the US, or certain obstacles in life which the qualifying relative can not overcome without the applicant gaining his or her immigrant visa.
Even if extreme hardships are established, if the mitigating and aggravating factors impact whether the I-601 waiver may be denied as a matter of discretion. Mitigating factors include duration of the relationship between the applicant and qualifying relative, whether small children are involved, whether the applicant has applied for the waiver voluntarily, and the degree of the applicant's culpability. Strong mitigating factors will lower the burden to establish extreme hardship. Aggravating factors include prior criminal record (regardless of basis of inadmissibility), multiple immigration violations, multiple marriages, absconding from deportation, and whether the qualifying relative immigrated to the US as an adult from the same country as the waiver applicant. Aggravating factors will increase the level of hardship that the applicant would have to establish. It is important to highlight the mitigating factors and address the aggravating factors in any I-601 waiver application.
How Long Does it Take to Process an I-601 Waiver?
Processing times vary depending on the consulate. In general, it takes 4-6 months, but in some cases it may take well over a year to process. For those applying at the USCIS Ciudad Juarez Office (also known as CDJ) under the pilot program for I-601 waivers, the waiver should be adjudicated within a day or two, however if the I-601 is not approved and referred for future and file review and adjudication, the processing time may end up being over a year.
Are there Risks to Entering the Waiver Process?
In some cases, the I-601 applicant will simply be residing in the US without being detected as inadmissible/removable, and chooses to stay. In such a case, the individual will have to weigh the problems associated with being undocumented (living in fear of potential detection, inability to get a drivers license, employment exploitation, etc) versus the risks of voluntarily entering the waiver process. Each person's motivations are different, and each person's likelihood of success in obtaining a waiver is different. Anyone considering the I-601 waiver process should make a well informed decision.
What is the Attorney's Role in I-601 Waivers?
In cases where the foreign national is living in the US undetected, the most important first step is to assess whether an I-601 waiver is worth pursuing. A qualified immigration attorney will be able to make a reasonable assessment based on the individual's unique circumstances. The attorney will work with the client to determine which arguments are strongest, and what kind of documentation the client may provide to support eligibility for a waiver of inadmissibility. If necessary, the attorney will perform background research including reports on applicant's home country conditions. The attorney will ensure the quality of documentation, in particular, the affidavit of hardship made by the qualifying relative. The attorney will also draft a brief, if necessary, to organize the arguments and evidence so as to present a clear and convincing case that the application is worthy of approval. The officer who will review the application package will have to make a decision on the waiver in short order; therefore, a well-organized, professionally fashioned waiver application can make the difference between approval and denial.

Calm down.
There's the law, ethics and morals. These are three different things. The post is not necessarily contradicting itself.
Immigration fraud is illegal. Neither the original poster nor the post you replied to argue that it's not. We're all in agreement.
But sometimes upholding the law means doing something that's ( rarely ) unethical or ( often ) immoral. Your morals are more of a personal affair, and for some of us seeing innocent children suffer and not do something about it ( even if that something is illegal ) is in itself immoral. To other people, their moral code presents no no such ambivalence. Neither is "right" or "wrong". The original poster simply followed his conscience.
Which is the best thing anyone can do it this situation.
Personally, I respect him for sticking it out for the kids. Financially you'll probably get screwed but at least you know you did what you thought was best for everyone involved at the time.

Calm down.
There's the law, ethics and morals. These are three different things. The post is not necessarily contradicting itself.
Immigration fraud is illegal. Neither the original poster nor the post you replied to argue that it's not. We're all in agreement.
But sometimes upholding the law means doing something that's ( rarely ) unethical or ( often ) immoral. Your morals are more of a personal affair, and for some of us seeing innocent children suffer and not do something about it ( even if that something is illegal ) is in itself immoral. To other people, their moral code presents no no such ambivalence. Neither is "right" or "wrong". The original poster simply followed his conscience.
Which is the best thing anyone can do it this situation.
Personally, I respect him for sticking it out for the kids. Financially you'll probably get screwed but at least you know you did what you thought was best for everyone involved at the time.

there are many reasons...
- when your I485 got denied
- when your I130 got denied
- when your spouse withdraw his/her I130
- when your spouse withdraw his/her I864
- when you failed your interview
- when you come to interview without your spouse
- when your spouse failed.. background check
- when your marriage is not valid
there are many and many reasons... just depends on the case.

My family says the same thing.....maybe we all should get together and start a law firm....what say people?

While I agree that immigration fraud is completely unacceptable, the morality question regarding the kids can be up for debate. They weren't brought here on their own choosing and they really had nothing to do with what their mother did. It's ok to feel bad for them, and you could argue that it's morally ok to do whatever is in your power to try to make sure they have a good life. I'm not taking a stance here, just adding that morality and law aren't always two of the same and definitely not always 100% black and white.

Actually, CG2, Columbia is a 'third world country'...

I usually think Darnell and JVP give some of the best advice on this forum. It's time to take care of yourself. Get a good lawyer ASAP...

I agree with Jim, you need a vicious attorney, one of those horrible human being ones that can and won't feel guilty about getting your wife what she deserves.

This OP has made some mistakes. Who hasn't? But it seems WAY over the top to be judging him so harshly! He seems to be trying to make the best of a bad situation for all involved but has become ensnared in a very difficult problem that hindsight will say he should have seen coming!
To the OP; You need a good lawyer that knows his way around the affidavit of support issue. Keep your head up and learn from your mistakes. Good luck!

So, in a nutshell, you don't want to file papers for him AND you don't want anyone else to file for him either!
You can't report him for immigration fraud if you never filed anything for him! Thats like reporting someone for theft if they haven't stolen anything! Your report will not be taken seriously and will probably only help him if he decides to file a VAWA case. It will be filed under "woman dumped and hell bent on revenge"...
Secondly, how do you know that he is commiting fraud with the other woman? Maybe they have mutual love and trust which seems to be missing in your relationship.
Two pieces of unsolicited advice:
The best revenge is a life well lived. Stop plotting his "downfall" and direct that energy into finding someone who will love you for who you are.
Stay away from men with immigration issues. Its good for you because you'll avoid the bouts of doubt about their intentions. Its good for them because they won't have the threat of deportation hanging over their heads if they decide the relationship is not working.
Good Luck!

Sara, you are correct, need411 why are you trying to be vindicted. If the marriage didn't work out just divorce him and move on. he has gain any immigration benefits from you, since you'll have not filed anything. If he finds a new lovwe and she goes through the process with him,it's her problem.
Right now he is out of status, but calling and reporting him will not gain any thing for you. Actualy, you are in the best position, you have not signed any documents that would legally tie you to him for a 10 year finanical standpoint.

I wish one of those rubber stamp approvers would get my case, its been 2 and half years.....

More information about USCIS processing times The USCIS made an interesting admission answering a question at the November 30, 2011 USCIS Service Center Directorate - American Immigration Lawyers Association meeting. In a highly detailed response, they discussed how they calculate the processing times that they post for service centers. This and other new information can be found at, http://www.imminfo.com/News/Newsletter/2012-03-31/2012-03-31.html