Luiz&Isabela

My wife (to be EX very soon) is working without the Working Authorization. She had only the working authorization given at the entry point, but this one already expired 2 months ago.

What can happen to her?

I would like to thanks everybody that responded to my posting, even the ones that didn’t feel sympathized with my problem.

I did posted this problem because I was looking for a direct and fast way to solve the IMMIGRATION problem, like I had been helped before on the visa issue.

I really appreciate lots of people helping me, defending me against the ones that didn't believe on my history. I only hope those peoples that didn't believe on my or didn't sympathize with my situation, don't ever have to be on this situation to expose most intimate problems to "estranger", just to try to have a direct help, not just a answer from a cold professional lawyer.

I had got couple private emails with good advice about IMMIGRATION issue, for those I thank you very much.

For those that think I am wrong, or I should not expose my problems here, the only think I can say is "just thank god you are not on my shoes".

Again thanks everybody

Luiz

PS: Bay the way, Luiz is my real name.

Luiz, I'm really sorry that you came here for support and you are getting a bunch of BS. Supposedly, this forum is about supporting one another...

Rebeccajo...being a West Virginian, I understand that it's still 1960 there and the poor little females just can't possibly defend themselves against those big nasty men and that only men get aggresive. However, it is the year 2006! If you want a world full of gentlemen and women don't start fights, you might want to invent a time machine. This is the real world!!! Exactly what happened to Luiz has happened to a close friend of mine and it took him years to recover. It's not funny when women go around accusing men of violence because they can claim your taglines. In fact, it's sick. To imply that most men are abusers is just smalltown, narrowminded thinking! FYI...I was in an abusive relationship for far too long and lost everything and then some. I have experience in these areas, but I'm not going to carry bitterness in my heart for a man who defends himself against an aggressive woman. He should!

Thank you for your support

After that, my wife changed completely, started going out with other girl friends hers, until on May 20 (Saturday) she stayed all night out (come back home 5:00 am). That was it for me, at that same morning I asked her to pack her stuff and live my house, and that our marriage was over and I would put a stop to the green card process. She became very upset and started to push me, pushing me against the coffee table, where I felled over and I broke the table. I got up and pushed her back telling her to stop that.

Sorry you have gone thru this.. but seriously.. I really dont think this came on suddenly. ...

Concerning your comment on sending her packing because she stayed out all night...?? WOW.. .. wheres the communication?

Sounds to me that there is more to this sutuation that you are letting out.

Actually sounds like the whole situation is more than just a few shoves here and there.. could be instigated by her but also brought on by yourself... ..

Just be glad she doesnt have teh GC yet.. good luck

You are right, that Saturday was just the last drop. What happen is that she had a full control of me, and she just stretched her luck counting on her control over me. I complete lost at that day, but not at the violence point. That’s why I didn't want to see her face, that way I wanted her out. I know I have my fault on this screw up relationship, I was to much involved to react before on a smaller scale problem.

As for the greencard, it seems to me like there is no way she can get it.

Even if there was, the OP's got bigger things to worry about. Like protecting his assets. Yodrak's already mentioned this, but it bears repeating. Don't let the b!tch take your sh!t too. Lawyer up.

You know what? It amazes me that what probably REALLY happened here is being overlooked.

Sure. Wifey possibly had intent to immigrate and dump the Hubby. But he was the perfect patsy. If you read above he states that he has previous experience with immigration and CRIMINAL lawyers.

Methinks she found a man with a temper and a past criminal history and was willing to bet her future on the fact that if she pissed him off enough, he would take a swing at her. Thus providing her with the perfect golden egg for allowing her to possibly stay in the country. Abuse.

So all the OP has to do is claim there was a Henckel knife on the table and he was afraid he'd fall on it... and suddenly him pushing his wife becomes self defense. haha.

Are you just trying to tease me AJ? Go ahead, I'll play.

I am sorry lady, but on order to give your opinion on something, you should read BETTER the subject you are giving your opinion.

I don't have PAST CRIMINAL HISTORY; my cost with "divorce and criminal lawyers" has been for this case with my wife. I have seen you throw your "poison" on my name, other folks trying to defend my (and I appreciate that), but like I told you at the beginning, read my statement "she pushed my against the coffee table after I told her that she will lose her green card (she was angry), the table was behind me, and I fall on top of the table, THEN after I got up I PUSHED her away from me.

Thank you very much for your attention

I'm so sorry about what you've been going through. I got sad specially because it is someone from my Country that acted like that. Yes, people in Brazil do go out and stay till early morning out.... that is because our parties or clubs start at 11pm, before that there is nobody there! But I understand you're asking about the immigration issue and that I can't help, just wanted to say I'm sorry and I don't want people to have a bad impression of my Country!

Good Luck!

Don't worry about that, I am brazilian/american to.

And I know how the parties are IN BRAZIL, but we live in USA now. And she told me she was it her girl friends, and I know for fact that she wasn’t with her girlfriends...

Sounds to me like you probably should have kept your hands to yourself when your wife, who probably is at least 50 pounds lighter, several inches shorter and a whole lot less stronger than you, decided to push your helpless, pathetic self against the coffee table.

Sounds like she knew you were a hot-head and it wouldn't be hard to make a domestic violence charge stick.

I've been 'pushed' before. Wah. Sorry you don't get any sympathy from me.

Sounds like someone is letting their own past experiences colour their reply to this one. Perpetual Victim Syndrome, and all that. He sounds very sincere. The judge agreed with him, which rarely happens in my experience. Yet you assume that HE was the aggressor. All men are aggressors. I keep forgetting that.

THANK YOU VERY MUCH FOR YOUR UNDERSTANDING

Sounds to me like you probably should have kept your hands to yourself when your wife, who probably is at least 50 pounds lighter, several inches shorter and a whole lot less stronger than you, decided to push your helpless, pathetic self against the coffee table.

Sounds like she knew you were a hot-head and it wouldn't be hard to make a domestic violence charge stick.

I've been 'pushed' before. Wah. Sorry you don't get any sympathy from me.

I was cleared from the domestic violence case, because wasn't no violence. Her charges has been dismissed by the judge. My question here is for the immigration part of the problem. But I appreciate your input any way.

Sounds to me like you probably should have kept your hands to yourself when your wife, who probably is at least 50 pounds lighter, several inches shorter and a whole lot less stronger than you, decided to push your helpless, pathetic self against the coffee table.

Sounds like she knew you were a hot-head and it wouldn't be hard to make a domestic violence charge stick.

I've been 'pushed' before. Wah. Sorry you don't get any sympathy from me.

I was cleared from the domestic violence case, because wasn't no violence. Her charges have been dismissed by the judge. My question here is for the immigration part of the problem. But I appreciate your input any way.

Just do as the Immigration officer at the infopass appointment told you to do and write to Chicago, keeping all copies of letters you write. You said you spoke to a divorce lawyer and a criminal lawyer, did you not have the sense to ask them what to do about the situation??

Janice

Those lawyer don't know about immigration laws

what makes me wonder is..

is your wife (or ex wife now?) went out everynight? with her girlfirends?

I dont know.. i'm sorry to hear that you and her had a bad time together.. but for me my husband would be happy if i even have a girlfriend to go out with... may be not everynight but he wouldnt mine me go out with my girlfriends until 5am sometimes (my friend likes to go out to eat after the club close.. and i'd be falling asleep at the table ) Have you talked to her about this behavior before you tell her to pack her thing? Did she have a habit of going out like this while she was in Brazil?.. I'm sorry if this seems a bit personal.. dont have to asnwer.. just ignore me

oh.. i had a Brazilian friends before (they were int he US) and they would be out partying all night or just doing somthing after the bar close.. i couldnt keep up with them!! but they are fun

The problem it isn't staying all night out, but lying about who she was with. I didn't want to make a book to explain the entire situation.

Sounds to me like you probably should have kept your hands to yourself when your wife, who probably is at least 50 pounds lighter, several inches shorter and a whole lot less stronger than you, decided to push your helpless, pathetic self against the coffee table.

Sounds like she knew you were a hot-head and it wouldn't be hard to make a domestic violence charge stick.

I've been 'pushed' before. Wah. Sorry you don't get any sympathy from me.

I was cleared from the domestic violence case, because wasn't no violence. Her charges has been dismissed by the judge. My question here is for the immigration part of the problem. But I appreciate your input any way.

Luiz,

Have a consultation with an immigration attorney to review the specific facts of your situation and get some guidance on what options you might have and how you could best pursue them.

Then have a consultation with a divorce lawyer. Protecting your income and assets in divorce procedings will likely have more effect on you than your wife's immigration procedings.

Yodrak

I had going through something that I don't wish anybody here had to go thought.

...

DOS ANYBODY KNOW WHAT EXACTLY I HAVE TO DO TO STOP THE PROCESS?

I have a lawyer on my divorce (it isn't exactly a divorce, but an annulment), because our marriage is only three months, the marriage can be canceled and she has no rights to my assets.

About a lawyer for the immigration, I already expended tons of money on criminal layer and the divorce lawyer, and I am trying to avoid another lawyer.

I am so sorry to hear that this has happened to you... I would make an onfopass appointment at your local office and talk to the immigration officer.... tell them what has happened and show them the paperwork from the court they should be able to help you try to sort this out....

Good Luck

Kezzie

I already did that, and they told me that I have to write a letter to the Chicago Office asking to withdraw the process.

I had going through something that I don't wish anybody here had to go thought.

I dated my present wife for about 2 years (I was here and she was in Brazil), going to see her almost every month for a weekend. Everything were fine, we decided to get married, I applied to K1 visa, everything went right, and on February 2006 she came here with her daughter (6 year old).

Two weeks after that we got married and everything were fine. On May she decided to send her daughter back to Brazil, she told me that her daughter wasn't adapting here, she was missing her dad, and she (my wife) could concentrate on find a job without worry about where to live her daughter. That was a temporary situation, and her plans were to bring her daughter back at the end of the year. I didn't like the idea, but I had to take her daughter back to Brazil.

After that, my wife changed completely, started going out with other girl friends hers, until on May 20 (Saturday) she stayed all night out (come back home 5:00 am). That was it for me, at that same morning I asked her to pack her stuff and live my house, and that our marriage was over and I would put a stop to the green card process. She became very upset and started to push me, pushing me against the coffee table, where I felled over and I broke the table. I got up and pushed her back telling her to stop that.

After that she told me that she wasn't living home, and I decided to go to the local police.

I explain the situation to a police officer that we had an argument, we pushed each other, and I didn't want this nonsense to go forward. The police officer noted the scratch that I had on my hand (result from my fall over the coffee table) and told me to make a complain of "domestic violence" against her, and she would go to jail.

I didn't have the heart to do that, and I told the P.O. that I would try to resolve the situation using other ways, and I left the police department.

Back home I told her that I had a conversation with the police, and then she decided to live, but that she need more time to find a place to stay.

At that day she left (at the middle of the morning), taking all of her personal belongs.

At 7:00 pm somebody knocks the front door, and when I open the door, I got arrested by the local police. She had made a complain (domestic violence) against me, with a restraining order to. After two hours I got of the jail (paying $500 bail), but I couldn't go back home, and I had 15 minutes to pick up my stuff from home.

After couple weeks we had our first court date (for the restraining order), and she told the judge her side of what happened at the day (I don't want to give much detail on that, but making a long history short, she lied about me being violent with her, the police couldn't find any marks on her).

To the judge was very clear that she was making the history up and dismisses the case against me.

My lawyer told me that she was trying to use the "domestic violence" against me to keep the green card, but she could succeed, because she didn’t have the green card approved as yet (she jump the gun).

I am requesting the annulment of our marriage, and I need to put a stop on the green card process.

DOS ANYBODY KNOW WHAT EXACTLY I HAVE TO DO TO STOP THE PROCESS?

She is 5 years old, and she didn't go alone, I went back to Brazil with her. And we did enter an I-485 for her also.

Luiz

Luiz&Isabela,

Are you saying that only your wife submitted an I-485 application to adjust status, the daughter did not? The child needs her own I-485, she will not get LPR status because her mother does.

Either way, the child's K2 visa was a 1-entry visa. She needs a new visa to come back to the USA. I don't know whether or not she can apply for a 2nd K2 visa, since she's within the timeframe for following to join, or if you need to file an I-130 petition for her as your stepdaughter so that she can apply for an immigrant visa.

How old is this child anyway, if she was able to fly back to her country on her own?

In any event, take Kezzie's advice to have a consultation with an immigration attorney.

Yodrak

I think she will be able to return after her mother gets the green card, because she didn't have to be here from the beginning. Her mother is the one who is applaying for the green card, and she (the daughter) is getting the green card because of her mother.

I think she will be able to return after her mother gets the green card, because she didn't have to be here from the beginning. Her mother is the one who is applaying for the green card, and she (the daughter) is getting the green card because of her mother.

Only my step daughter left the country, my wife is here with me and waiting for the AP.

Luiz

did you recieve the advanced parole yet??

was it just your step daughter that left or your wife too?

If you leave the country before AP is granted you are deemed to have abandoned your adjustment of status and would have to start from scratch....

Kezzie

My wife's daughter had to go back to her country (against my will), after we enter my wifes and her status change paper work.

She is only 5 years old, will this tripe void her process or change anything?

How long my wife can stay out of the country on the A.P.?

Luiz

Congratulations to you and welcome to USA, and the cold ....

Luiz

Congratulations once again, Marlene's interview were same as Isabelas.

Luiz