LIFE'SJOURNEY

ACS actions are action

taken on behalf of the USC children

Except for making threatening calls and being present on internet in bondage.

As to giving up rights to these two children: she never officially did. She just stopped showing up for supervised ACS visits allotted to her, and to Family Court's neglect hearings - where her court-assigned lawyer eventually asked to be excused. Her failure to either plan for children's return or to officially give up resulted in children being held in foster care for over a year - before the Judge threatened ACS to fine them $1000/day for any longer

Sir, none of this matters to immigration, I know it matters to you, but NOT to immigration. The threating phone calls, how and why would you continue to be a part of it. Do you get some pleasure out of it, a simple call to change your phone number stops all of it. Now, if you are hoping that the mother has a chnage of heart and wants to come back to be a part of the children lives, then continue on with the calls. Since only you know the contents of the phone calls, and what is being exchanged between the 2 parties on the line, everyone opinions as subjective to what you are saying.

But for immigration you have not shown any thing that would warrant a U visa, and the VAWA petition is very iffify. This has been a long 17 page post of you repeating the same things and strangers keeping you entertained.

You don't have a case for a U visa, and now you are showing signs of destructive. This woman has given up her legal rights to the children and has moved on, here you are bringing her back into your and the childrens life by trying to find a out for yourself.

No lawyer would take your case, unless they are in it just for the money, they all will say this individual has no bearing on any case that you are trying to establish.

Please understand, this missing indiviual has no bearing on your case. She has been MIA.

To be clear, HIPAA only applies to health care providers. Not websites or non health care providers. TMZ and the national enquirer would be out of business if not. That said, if there was any TOS violation we can address it on that basis likely just as efffectively.

HIPAA applies to anyone who discusses anyones medical condition without their consent. A patients medical condition should not be discussed on a public board.

When did this intenet site becomes TMZ or National Enquirer ?

There is a post on VJ that has violated the HIPAA Privacy ACT. Any reference that has been made about a patients condition without the consent of the patient is a violation. The mods needs to remove the contents of the post that makes any reference to a patients medical condition without the patient consent.

Please refer to the attached link http://www.hhs.gov/ocr/privacy/hipaa/administrative/privacyrule/index.html,

If this post is not dealt with, this post should be reported as a violation to the individual rights.

The consular will use the law applied by the judiciary in which the divorce was granted.

So, the one year means he is not free to marry.

right il be making more than that so just pay the taxes then claim them back at the end of the year to save any issues?

Correct

right il be making more than that so just pay the taxes then claim them back at the end of the year to save any issues?

Will you makr less than 6,0000 for the year, then no taxes, if more take taxes because you will have to file income tax next year.

For someone in payroll to tell you that they have never dealt with this issue before, means you are talking to the wrong person. Working in payroll, they should now the tax laws.

Her lie on her asylum application probably isn't relevant. It's not a material fact that her eligibility for asylum would hinge on

. DHS wouldn't revoke anyone's immigration status for a false immaterial fact, even if it was an intentional lie.

He said his marriage certificate has been shredded. Obviously, one of the things he would need to do before filing a VAWA self-petition would be to obtain another pristine certified copy of that certificate.

Another issue to consider is divorce. It's possible to obtain a divorce without the respondent spouse ever finding out about it. It is possible to file a VAWA self-petition after divorce, but the I-360 must be filed within two years of the final divorce decree, and the applicant has to show that the divorce was due to the claimed abuse. This doesn't mean that grounds for divorce must be domestic violence. In many states, especially "no fault" states, it's impossible to get a divorce on any grounds other than irreconcilable differences, though some states also allow a claim that the respondent spouse is insane. However, it's important that the record of proceedings show that domestic violence was the primary factor that led to the termination of the marriage.

In other words, he's got to find out if she ever obtained a divorce. If so then I seriously doubt she mentioned anything about abuse, unless she accused him of abuse. She would probably have just claimed abandonment. If she obtained a divorce more than two years ago then it's moot. He can't file a VAWA claim.

Jim I will have to disagree with you on this one, but only will immigration be the judge of that.

Well, I am through with my free consulation, I am going to go out in this 115 degree heat.

Good luck.

1. She gave up rights OK - can't give up financial responsibility

2. It's correct that any move would have to re-establish multiple safety issues

3. can't understand VAWA hurdle u imply

4. marriage was valid, and we did live together for 3 years and had 2 babies

Did she give up these children to the state, then she gave up all rights including finanial responsibility.

Was the marriage valid on paper, any two people can live together and make babies. (called sex education)

VAWA hurdle is this your wife implied that she was single when she obtained political aslum, when did she ever tell the US government that she had a husband.

If she was married when she lied to the USC then all of her immigration benefits now becomes voided. If you apply and bring it to light that she lied, then everyone is sitting in a pile of sh#t. So now the choice is yours, go for it.

Look there is no Canada connection, the Op just picked Canada as a safe haven.

Gowon, thanks for playing Devil's advocate:

1. A non-custodial parent of two children is liable for Child Support = 25% of her gross

2. She took prescription Prozac daily (pushed by Ely Lily as pregnancy-safe at the time) during the entire 37 weeks of second pregnancy. I couldn't force her off it - and her free shrink's prescribed regimen was enough justification for herself to stay on the drug. The result was (opposed to the preceding no-drug pregnancy): 4-5 birth defects NOW sourced to Prozac during pregnancy. Did she or the shrink commit crime: NO. Are they liable: NO. Did she have a choice of not going on that regimen: YES. Was my advice not to go: YES

Lawyers around the US are putting product liability cases against Ely Lily now; I can't even file on behalf of the child, as she is not available for evidence/tests

The mother of the children gave up her rights when she turned them over to the state. You stated that they were in foster care for a while, until you were granted sole custody. Therefore the mother has no finanical responsibility to these children.

Can't move to another stated because ASC benefits would have to be re-established.

Can't file VAWA because they never established to the US government that they were legaly married.

Can't file for divorce, not sure if the married was valid.

Children can be moved, by parentt not willing to participate in such.

Now, to someone asserting that my wife couldn't have obtained USC:

1. She had Asylum Granted 2002

2. Domestic Assault in second degree, to which she pleaded guilty, was in 2003.

3. She complied with a special Mental Division (of local Supreme Court) program; her case was sealed in 2004.

4. Let's assume she had no later arrests (chancy assumption, but what the heck)

If years later as LPR she applied for USC and has (or hasn't) mentioned the above - would she be denied USC?

She doesn't have to mention anything the US govt knows, so she would not have been ale to obtain USC. Also the lie she stated hat she was single, would have surfaced.

basically correct, pushbrk. I may:

1. have to continue status-quo

2. have to find a way to legalize

3. have to at least find some DL solution

No more Canada offers please. The only reasons CANADA is present in the OP:

1. To provide truthful history

2. To capture any implication

3. To see if there might be a canadian DL solution (which is becoming doubtful according to posts above)

So what country did you live mos of your life in, except the USA.

If your wife had any type of charges she did not obtain USC, no matter what she might have told you.

LIFE'SJOURNEY, your last post is very confusing...To try and clarify it:

1. Directives have come not just from children's caseworkers, education and medical professionals. They also have come from State Courts.

2. I

have no doubt birth mother has successfully gone all the way to USC award - no one would ever catch her in a lie.

An ironic twist: last year I tried intake at the best known citywide pro-bono Law Office. I then received a letter: "we're sorry that we'll be unable to represent you due to an adversarial conflict"... So much for her 2006 VOIP sworn testimony in Support Court

I think quite a few missed this post.

Folks he already talked to a lawyer, and the lawyer wouldn't take his case. Something to do with

Then what you have written tells me, you donot have sole custody of these children. You are still under the courts direction regarding custody of these children. If you have sole custody of your children, NO one can stop you from removing them out of the country.

Again, as I said before there are more missing pieces to this story.

There is not much more to the story. And the last thing I've been since these children's birth in the US - selfish. Selfish could be the term to use in re: to birth mother, who surrendered the children to local authorities shortly after birth (with birth defects due to her prescription drug abuse) and who became a USC, and who has never paid a penny in Child Support

Those children will never loose their USC so I don't understand your point on that, but you as the parent cannot be counter productive for them. You will always be looking over your shoulder. So yes that is selfish that they have to constant live in fear and disarray because you as the parent have legal issues of being in the US.

The only issue I can see what makes this bigger than a bread box, is the money being received thru the government for the welfare of these children. I could be wrong on this aswell, you may be financially stable without aid.

I doubt the wife(mother) has obtained her USC, so that is probably a non-issue.

Then with all being said,let her go home if she wants to return then she will iniate it. Speak to a lawyer together before she leave so she can be aware of what otucomes and options will be avavilable or what could happen if she should choose to leave the marriage

Going home is leaving the marriage. We are all adults, so lets not kid our self about going home to fix things.

Love is never about holding someone in a situation where they are unhappy in.

With all that have been said, I don't believe there is any more advise to be given, all else will be opinions. I will say, you are being truly selfish, what you are doing will bring more harm to those kids in the end, but they are your children. You have to live with the decisions you make.

I do believe there are more to the story than what has been posted, but we don't need to know.

Good luck going forward.

.

The CR1 is the same as the K1, with the exception, that a GC is given upon entry into the US. The GC could be for 2 or 10 years based on the length of time married.

Now, getting a GC will not resolve those things she are not happy with. Chile seems to be a well economic country, maybe you should try looking into re-locating there if you are truly intrest in making your marriage work. You seems to have a hard time here in the US ecomomically (working 2 jobs).

B. E. C. A. U.S.E. when you leave the shinny shores of the USA, you will have a TEN year Ban put upon you for overstaying the last 11 years without permission. :yes:

You needs to understand if/when your wife goes back home, she will never come back. Your wife is not happy in her current situation, maybe you needs to think about moving to Chile if you want this marriage to survive. Maybe you should think about making the adjustment to their environment. Good luck,

I have read all past and present posts before I commented.