user19000

Whats this , buyers remorse, hope you both dont play tug o war with the 2 innocent kids, ignore all the get back at her
reasoning , it lasted through you knocking her up twice,it was well consumated in good faith, hurt you will but salvage
this in a civil manner (for the kids) dont take the bitter route.You will look back one day & ask yourself WHY.

Its 3 sides to every story, yours may be correct , no one knows but stop the hate, she had 2 kids with you, make her life miserable
the kids will be too, marriages break up, if counselling cant help wish her the best, let her stay here and continue to take care of
your kids in a lifestyle that will afford them a life as yours.May be hard but move on .

The time to do all of this due diligence was before you got married, not after. This is especially true of countries like the Philippines, whose citizens are known for their emigration-centred culture.
If you can prove she did not enter into the marriage in good faith (i.e. you have recordings of her admissions to you, documents, emails, etc.) then by all means contact ICE. If you don't then it's simply your word against hers, and since ICE cannot prove anything then they will not be able to do anything.
If everything happened as you said then yes, you got played. However, you cannot go back in time and get "un-played". It's already happened, so you should divorce and move on.

No, I wasn't being sarcastic. At some point the U.S.A. becomes home. I live for close to 20 years in Southern California now, and it has become home for me a very long time ago. I didn't direct my comment to the O.P., more toward you. Once you have lived here for a certain amount of years, have a home you like, a job you like, friends you like, the U.S. may become home for you as well. If you then get divorced in 8, 10, 15, 25 years, I'm not sure you'd be returning to Australia. If you do, that would mean the U.S. has not become your home in all those years. Home is where the heart is; my heart is here. In fact, I haven't been in my old stumping grounds since April 1994. There's nothing I'm missing by not going there, and it has nothing to do with poverty. It's just so much better here in Southern California, regardless of the surrounding circumstances.

No disrespect to anyone but I agree with Bob. Its not for anyone to judge someone else attachments to any country, person or thing. She's here asking for advice and advising her out of judgement or what we would 'personally' do doesn't seem quite fair.
When I left my home 10 years ago, I was a teenager going to college and within a year I was suprised that I had a very strong connection to this country. All my ties were not severed to my home coutry but I certain began my love for America very early on. 10 years later, this does feel like my 'home' but the attachment started off very strongly early on.....
Bottom line, people leave their homes for many reasons, but when you leave, you get rid of your apartment, leave your job, sell your belongings severe any ties that you may have built. All to be with the one you love and to built a new life in good faith...
I would say, we give her the advice that she's asking for and not to project our personal opinions in a way that is seemily unhelpful to her...

Makes the forum much more diverse right? I do believe she has more trust in VJ than google so, I think it's an indirect compliment. LadyPancakes also seems educated to me.

OP didn't ask for you to give her your opinion about her marriage, its obvious from what she wrote that she isn't happy with her husband. Stick to the subject matter and give her the answer to her question not your opinion or advice on a marriage you know nothing about. It's amazing how she wrote details for her reasons why but somehow all one could get out of that was he was 'internet viewing".
I don't think if you found your wife on the internet looking for casual sex , you would call it browsing..... ay?

I wouldn't be happy if I woke up one morning and found out my wife was in Mexico without my knowledge - But she wouldn't have broken any law. This is a free country, an adult does not need consent from anyone to travel.
This is an immigration forum and not a marriage forum, thus the advise given to the OP is given in the context of immigration law. An adult is free to pack up their bags and leave if they so please. It may not be good ethics, but it is not a violation of any sentence in the INA. In other words, without proof of fraud, this is a divorce issue to the OP, not an immigration issue.
No one enjoys a failed marriage, but reality is, it happens to nearly half of all marriages. The vast majority of divorces have nothing to do with fraud, and everything to do "common" marital issues.

In the context of immigration and whether the marriage was entered into in good faith by the foreigner, yes, an adult is free to pack their bags and travel as they please AND their spouse can go to jail for attempting to physically stop them from doing so. "Freedom" and "good decisions" are not the same thing and are often in conflict.

As sad as it may seem, it really has nothing to do with immigration.

I believe the Judge's instructions for legal residence referred to you taking steps to obtain legal residence, not the family court attorney who has no knowledge of immigration procedures, to obtain legal residence for you. Or perhaps the Judge, who is not a Federal Immigration Judge, innocently thought it would be easy for you to obtain legal residence.
So let me put it this way
1. You chose to come to the U.S. and overstay.
2. You chose to help in the conception/birth of two children on U.S. soil knowing you had no legal status here.
3. You chose to remain in the U.S for more than 14 years out of status, fully knowing what limits that placed on you.
4. You risk your children every single day by remaining here out of status, subject to detention, yet you seem to have no problem with that risk to them.
5. You continue to complain how fragile your children are but you admitted to taking the multiple times per year on trips up and down the East Coast picking up families and going to Disney Land. Doesn't sound too fragile to me.
These are all choices you made, the only person responsible for them is yourself, please stop blaming social services, your wife, the doctors, the government, and everyone else and please stop using your kids as an excuse for your illegal status.

No. HE is rejecting the idea because he believes the clean (but cold) air in Canada is worse for the asthmatic child than the polluted and cold NYC. Having never taken said child to Canada this is purely conjecture. He assumes that the asthma is made worse by the cold alone, and not also aggravated by pollution of NYC.

You have no reason to expedite. You have lived here our of status for more than 14 years without attempting to gain legal status, what's the hurry now? BTW I hear NYC has a great public transportation system.

None, because he doesn't want them to have any other citizenship. Only US. He made that pretty clear that moving anywhere else isn't an option?!?

I still don't get why you're asking questions on a DIY site, when it's clear that your set of circumstances are pretty unique? Your time would be better spent waiting for your counsel to decide on taking your case and researching yourself; Google is your friend, as countless others can attest to and have told you.
You seem to keep hoping that someone is going to side with you, or produce some perfect solution that perfectly fits your situation. Not going to happen.

Wouldn't be the first time a parent gets deported an the kids come into caring foster parents. And honestly, you aren't the only one on earth who can take are of your kids. There are trained people out there, who specialize in kids like that. That's no reason for anybody in the US to keep you here.

Did somebody say Canada and the other, never named Eastern Bloc country could be a possiblity?
Ah, yeah, several locked threads ago.

I would suggest you read through various threads in the "removing conditions forum"-
http://www.visajourney.com/forums/forum/86-removing-conditions-on-residency-general-discussion/
You can see lists of things people submitted, perhaps theres something someone listed that you have that you havent thought of.
Common items people submit are-
tax returns, bank statements, leases/proof of property (which can include cars) insurance (health, home, life) wills, photos, affidavits from people who know/knew you, mail showing the same address, Drivers licences showing the same address, joint bills or household bills dived among the spouses- ie the cable in the wifes name and the electric in the husbands name.

Hi there,
I found this forum very useful ( more useful than the lawyer we hired) when I was going through the first stages of the visa process. There are some very well informed long-standing memebers of this forum, and I'm hopingto attract some to this post for some much needed information!
The visa application was very sucessful, however our marriage from the very start went badly. I won't go into personal detail because it is personal and not really the fodder for complete strangers. However, I will just say that my husband turned out to have quite debilitating emotional and mental problems of which I was not awear of the extent of untill we got married nad started living together. I don't want to turn this into a he sadi/ she said blame fest. But that is an important factor in why the marriage ended. It was not my idea to end it, although, it was for the best as he turned out to be abusive ( not physically). Anyhow, I did not want to end it, but he made up his mind and decided to send me back home to the UK. I didn't object to this as I was emotionally frazzled by this point and welcomed the idea of being with my family for support. I also did not want to run the risk of being reported to immigration and them being told that we were no longer together and having me deported. As he started to get, and continued to be, quite malicious after hes decided it was over.
Anyhow,I have a few question. Firstly I'll give you a bit of background to help with the potential answers:
Basically, we were in a long-distance relationship for 6 years ( as of this November ). We met each other in a chat room,and chatted constantly online, on the phone and skype ( this went on for two years ). We then finally met, and he proposed, and we were engaged for 4 of those 6 years. During that time we spent numerous vacations together both in the U.K and U.S.A and also met and spent time with each others family ( I have evidence for all of this including flight records, hotel bills and lots of photos). We were very happy together and hated being apart.
We got married on October 31st 2011 after applying for and subsequently having approved a K1 fiancé visa.
We adjusted status in time, and everything went very smoothly. They did not request an interview with us as our case was deemed genuine and straight-forward.
However, the marriage was problematic from the start and in March I went home for 5 weeks to give us both some space to try to work things out ( a trial separation if you will). I was not in possession of an EAD or Green Card at this time. so I applied for advanced parole to travel outside of the country.
I received my conditional two year green card on August 20Th 2012 without any problems.
However, the marriage had already failed by that point, and my husband had already expressed that he wanted to end the marriage and that he wanted me to go back to the U.K.
So, on August 27Th I left the U.S.A and returned home to the U.K where I have stayed ever since ( almost 4 months).
Questions:
•
I would like to know if by leaving the country, in possession of a green card, am I breaking the law in any way? Will it been deemed fraudulent? Should I have stayed in the U.S.A and filed for divorce from there?
•
Should I have a permanent residence in the U.S.A? Would me living outside of the U.S be seen as abandonment ? If I wanted to re-enter the U.S. before the divorce is final, will I have problems? Could I just come back to the U.S for a vacation before too much time has elapsed to eliminate the suspicion of abandonment?
•
Would it be wise to file for a re-entry permit now?
•
Should I firstly get a divorce?
•
Due to the nature of my husband he did not want to arrange any medical insurance for me, he did not put that he was married on the tax return that he filed whilst we were living together and we did not co-mingle our finances ( apart from money that I sent to his account from my U.K bank account via PayPal). With this in mind, do I stand any chance of proving that the marriage was in good faith? I have other evidence such as vacation photos together, pay slips and ( potential)W2 saying that I am married and stating the address we shared. Gym membership with our shared address, two rental agreements and a letter from the landlady stating that we lived there as a married couple, wedding photos and certificate, holiday cards and letters from family to both of us and affidavits from my family and people that knew us as a couple. Basically, is this enough and do I stand a chance with this limited amount of evidence?
After everything that has happened, I know that being out of that relationship was the best thing for me. But after everything that I have been through and put into this visa a nd emmigration process, I feel compelled to try and see this through.
That's about it......
Thank you again for your help. I'll keep my fingers crossed for some good or at least helpful news!
Lara x
P.S I am a British citizen btw

rlogan when you get a Law degree, pass the bar exam then maybe I will respond your nonsense comment.
I don't have to mention any Law. I am not representing anyone here.I am not getting paid for that.As I said before if you want to tell me that I am wrong first get a freaking Law degree and work in my field at least 25 years.Have a good day!

I haven't contacted the British Embassy. Do you think this is something I should do?
As for returning to England. Although I currently don't have a lot in America, I have even less in England now. I left absolutely everything behind in England. I don't have anywhere to live there, no bank account, no job, no car, no money, no family support, no real friends to speak of. I left absolutely everything, and risked it all to be with the women I loved. I brought every last piece of finance I had available after we married over to the states, so that I could help support us through the adjustment period. A return ticket would also cost money that I dont have.
So as for my reasons for filing: I've never felt like a victim in my life until now. I want to file knowing that I didn't deserve anything that happened to me. I also want to know that I am free to return to this country whenever I see fit. As I was forced to overstay by 6 months after my marriage as my wife purposely delayed the paperwork being complete, I didnt deserve everything that happened during and after this, so I want to know that I can return and leave when I want, and not when determined by the actions of an abuser. Secondly; because Im here. If this had happened anywhere else, I would be staying there too. Its not a 'Because Im in America' thing, its because I'm currently here, so I have more chance of coming through this here, than if I was to go back to England. If I somehow made it made to England, Id just be homeless the second I stepped off the plane.

Some posts are so full of hidden gems of information. If you've been in country only 4 months thats like a long vacation, and I doubt any USCIS offical would be convinced that your life is here in the US now, and returning to Italy would be so unfair, and "starting all over again." As you said, you don't even have you EAD or a job yet. Thats one of the reasons why they do the K-1...so you're marriage turns out to be a sham, (and I doubt its just one person who is to blame) then you, the non-citizen can go home before its too disruptive to your life.
If you want to be a legal taxi paying citizen of the US, you will have to go back to Italy, and return with a work visa...then go from there. If you do have some connection will give you job before you apply, that should help. I'd start planning your trip home, and looking into the work visa. But if the anullment happens, you no longer have authorization to stay. And you don't want to overstay, or you'll jeopardize your chance to come back. Or if you're such a ladies man, as you stated above, you might find a new wife who doesn't mind your attitudes about women. Good Luck!

what is your problem? u keep attacking me on every post!!! you sound like donlad trump... take a chill pill. and no i didn't beg her, actually she came after me and begged me to be with her and obviously she brought me here but this is not a video game, u can't just quit and be inconsiderate about people who were part of your family so i think you should be mean to her not me... i'm not being cocky but it's not hard for me to hook up with any woman... so no i didn't use her, if i just wanted to come to America i would have married any girl and came here but it wasn't the plan to even come live here, i took her to Italy and was trying to get her a job there since i hold the Italian citizenship as well and we were gonna get married over there but she changed her mind like women always do and wanted us to come get married here around her family... so bottom line i wasted lots of time with her and it's not fair for me to start all over again just because of her moody A**.... anyway the only reason that makes me wanna stay here is that my relatives has a business and i would like to be working for them as they offer me a good job and i'd wanna pay taxes like everyone else does...if there's a way to switch my visa to work visa i would have done it but i have been told it's not possible to do so from here..
now u just focus on your marriage and make sure your not being used by your fiance, you are probably having doubt about your own man because you are acting this way ciao

First- I dont know why youre so confident you only have 2 or 3 months to go before your 10 year GC is issued. Do you have some kind of crystal ball that lets you see the future? Has UCIS sent you a letter guaranteeing you your card will be issued by a certain date??
Second- Your GC was originally issued Aug 2010. The conditions 'expired' Aug 2012. Its now Nov 2012. If you get divorced now all you need to do is show you entered the marriage in good faith. Yes, you have to submit paperwork again, which sucks, but so does cheating on your wife and getting caught because of pictures on facebook.

He files for the divorce waiver without attaching the decree.
His ROC will be accepted (he will receive the NOA1 extending his status) and later he will be RFE'd for the decree.
If it isn't received in time they will deny and he will go before an immigration judge.
The judge will order that the ROC be put on hold until the divorce is final, and the decree available.
In the meantime, his GC is still valid, he can continue getting stamps to prove his status.
Once the decree is received he sends a copy to USCIS and his ROC will be processed. If he has enough evidence to prove relationship, it will be approved. If not, it will be denied.
The USC stalling the divorce in order to "punish" the immigrant and try and cause issues for their status is the reason this is what occurs. it is a kind of abuse to use their status against them.
Divorce and move on unless you have EVIDENCE of fraud.