westernboi

Call the USCIS and report her and hire a family lawyer for custody. The child is an American and his mother is not American and she is two weeks from loosing her status. File for custody of the child and let ICE deal with the rest. worry about the child.Do not have contact with her.

I completely agree. Since you have physical custody of your child, you need to focus on him. Without a court order, his mother regardless of her status has the same rights that you do. She can remove the child from your home without your permission. Forget about whether she can become a permanent resident or not. She can't without marrying you, and she will soon be out of status and subject to deportation. You need to hire a family lawyer for custody. You need to file a police report that the uncle has made threats against you. In the event that she challenges your petition for custody or makes a claim of abuse, you need to gather evidence of what has transpired to protect your son and yourself. If you have access to her e-mail accounts, save it all to a flash drive and print them all out. Give copies of any information that you gather to your lawyer for safekeeping. Retain a copy for yourself in a safe place where your ex-fiancee cannot get to them (work is a good place).

even if she tries to fight custody for the child, that will take a period of time for us to appear in court. By then, her visa will be expired, and she will be an illegal immigrant. The judge will not hand the USC child to an illegal immigrant. Maybe showing up to court as an illegal immigrant is not a good idea?

I completely disagree with your statement that "the judge will not hand the USC child to an illegal immigrant." An illegal alien parent has the exact same rights as a USC parent. Being illegal does not mean that the illegal's parental rights are any less than that of the USC parent. The judge will do what is in the best interest of the child. The judge will look at who can provide a stable environment for the child. Immigration status does not matter.

Is it a good idea for an illegal immigrant to show up for court? The court may take an illegal immigrant's status into consideration in determining what is in the best interest of the child. The court is not ICE, so they will not arrest her or hold her because of her illegal status. You could inform ICE that your ex-fiancee may be at a certain place at a certain time and they can act. However, the court may take this into consideration in adjudicating the custody dispute.

Go see a competent family lawyer.

Here are the reasons why i think i can win this fight to keep the child.

1: I have a decent job

2: I have decent place to live

3: I am a USC and never abandoned my child

4: I don't smoke, or doing any drugs.

On the fiancee's side

1: She doesn't work

2: She's supposed to married me within 90 days as she signed the paperwork, but refused to do so

3: Overstay her visa, violated immigration laws.

4: Cannot support the child

The judge might not take immigration laws into his own hands, but he might take it into consideration, therefore i doubt i will lose this fight

she doesnt have to work....how many woman have kids with no job supporting their kids on child support or welfare? she has an uncle here who is willing to fight to keep her here so im sure he will provide a rent free place for her and her child to live at. she doesnt have to be married to u either to have custody of her child....how many single moms are in this country?

She came here on a k-1 visa, she has 90 days to married me or return home. You said she can stay here without me? you just proved to everyone that you don't have any knowledge what so ever

Call the USCIS and report her and hire a family lawyer for custody. The child is an American and his mother is not American and she is two weeks from loosing her status. File for custody of the child and let ICE deal with the rest. worry about the child.Do not have contact with her.

I completely agree. Since you have physical custody of your child, you need to focus on him. Without a court order, his mother regardless of her status has the same rights that you do. She can remove the child from your home without your permission. Forget about whether she can become a permanent resident or not. She can't without marrying you, and she will soon be out of status and subject to deportation. You need to hire a family lawyer for custody. You need to file a police report that the uncle has made threats against you. In the event that she challenges your petition for custody or makes a claim of abuse, you need to gather evidence of what has transpired to protect your son and yourself. If you have access to her e-mail accounts, save it all to a flash drive and print them all out. Give copies of any information that you gather to your lawyer for safekeeping. Retain a copy for yourself in a safe place where your ex-fiancee cannot get to them (work is a good place).

even if she tries to fight custody for the child, that will take a period of time for us to appear in court. By then, her visa will be expired, and she will be an illegal immigrant. The judge will not hand the USC child to an illegal immigrant. Maybe showing up to court as an illegal immigrant is not a good idea?

I completely disagree with your statement that "the judge will not hand the USC child to an illegal immigrant." An illegal alien parent has the exact same rights as a USC parent. Being illegal does not mean that the illegal's parental rights are any less than that of the USC parent. The judge will do what is in the best interest of the child. The judge will look at who can provide a stable environment for the child. Immigration status does not matter.

Is it a good idea for an illegal immigrant to show up for court? The court may take an illegal immigrant's status into consideration in determining what is in the best interest of the child. The court is not ICE, so they will not arrest her or hold her because of her illegal status. You could inform ICE that your ex-fiancee may be at a certain place at a certain time and they can act. However, the court may take this into consideration in adjudicating the custody dispute.

Go see a competent family lawyer.

Here are the reasons why i think i can win this fight to keep the child.

1: I have a decent job

2: I have decent place to live

3: I am a USC and never abandoned my child

4: I don't smoke, or doing any drugs.

On the fiancee's side

1: She doesn't work

2: She's supposed to married me within 90 days as she signed the paperwork, but refused to do so

3: Overstay her visa, violated immigration laws.

4: Cannot support the child

The judge might not take immigration laws into his own hands, but he might take it into consideration, therefore i doubt i will lose this fight

Call the USCIS and report her and hire a family lawyer for custody. The child is an American and his mother is not American and she is two weeks from loosing her status. File for custody of the child and let ICE deal with the rest. worry about the child.Do not have contact with her.

I completely agree. Since you have physical custody of your child, you need to focus on him. Without a court order, his mother regardless of her status has the same rights that you do. She can remove the child from your home without your permission. Forget about whether she can become a permanent resident or not. She can't without marrying you, and she will soon be out of status and subject to deportation. You need to hire a family lawyer for custody. You need to file a police report that the uncle has made threats against you. In the event that she challenges your petition for custody or makes a claim of abuse, you need to gather evidence of what has transpired to protect your son and yourself. If you have access to her e-mail accounts, save it all to a flash drive and print them all out. Give copies of any information that you gather to your lawyer for safekeeping. Retain a copy for yourself in a safe place where your ex-fiancee cannot get to them (work is a good place).

even if she tries to fight custody for the child, that will take a period of time for us to appear in court. By then, her visa will be expired, and she will be an illegal immigrant. The judge will not hand the USC child to an illegal immigrant. Maybe showing up to court as an illegal immigrant is not a good idea?

You hear from her yet/? I am surprised if she does not at least call before the weekend is over.... CYA cover your assets....

not a word from her yet, i think she's too busy and overwhelmed thinking her uncle is a genius. I have the child, that's all it matters at this point. As for her, she'll pay a price for her mistakes.

If she comes back crying and sad and telling you she made a mistake, you will know that she has realized her mistake. Don't fall for it. That's my advice.

i will take your advice, thank you

I would like to thank everyone for the greatest advices. This lady will pay a price for turning her back on me thinking she can play the laws by listening to her uncle. I hope he puts lots of money out to hire some laywers thinking he can keep her here without me, then gets screwed at the end.

How long has your fiancee been here, when did she get the visa? Are you in California? Not trying to be real personal, just trying to have some more info. I know there is a huge Vietnamese community in California so if she tries to go on the lamb it will be easy for her to hide. I would hurry and send letters letting everyone know what she is trying

jerome

Jeromebinh, we're from San Jose, California. The Vietnamese population here is huge. She is a few weeks away from her I-94 expiration date. I can't believed her uncle said he can hire a lawyer that could do all the paper work needed for her to stay here in the US without marrying me. I don't think that can happen, but a few laywers might tell them "yes" they can do it.

Hello,

My fiancee just got here on a visa that expires in 90 days. It clearly states that she has to marry me within the 90 days or she has to go back home. We have a baby together, but she decided to leave us. She left with her uncle thinking she can become a permanent residence without me. Her uncle told me he'll hire a laywer to do the paper work for her to stay here as a permanent residence without me at all. I then asked him how is that possible sir? He said he can tell the laywer i abused h or threw her out of the house, therefore she has the right to report this and get permanent residency. I can't believed they would make up such a lie for her to stay. Is it true that she can stay in the US as a permanent without me? I thought she has to marry me within 90 days or she has to leave the US?? i am thinking to hired a lawyer but first i need your help

Hello alll

i saw one case like that, the lawyer can not do not thing, but if you a abused her ,some one to see that with out the police ,she can stay the US

i see it in san jose

Oh man What is going on man, sponsor for you guy so hard and spent so much money ,you guy see that how hard the Co to do for us

john

you said in order for her to stay in the US, she can claim abused and must have witnesses for her to stay in the US? A few said it only applied to a spouse and not fiancee?

Im sorry

I just wanted to add that you should make sure you are NEVER alone with her if they are planning on claiming abuse. Even if their attempt to adjust based on VAWA fails, you dont need any false police reports and the drama of having to face that with your child.

Make sure you start documenting each time you speak with her when she referrences this "plan", that way its written down and you wont forget if asked months down the road.

be careful and mostly..im sorry you and your child are going through this.

That is good advice. You might even try to video tape or record her uncle or her saying what they are planning on doing. I would also write a letter to the USCIS and let them know before they every file anything and I would even call the cops and tell them what was said that way if you beat them to the punch it does not look good for them. Sorry to hear about your sitution. We wish you the best

Jerome and Binh

recording is a good thought, but it's illegal to record a conversation with or at someone else without their permission. I was reading a news the other day about a man who confronted a man that screwed his car at an auto body shop. He was using a recorder to record the conversation and showed them to the cops, the cops arrested him on the spot for violating the law to record a conversation with someone without their permission.

Hello,

My fiancee just got here on a visa that expires in 90 days. It clearly states that she has to marry me within the 90 days or she has to go back home. We have a baby together, but she decided to leave us. She left with her uncle thinking she can become a permanent residence without me. Her uncle told me he'll hire a laywer to do the paper work for her to stay here as a permanent residence without me at all. I then asked him how is that possible sir? He said he can tell the laywer i abused h or threw her out of the house, therefore she has the right to report this and get permanent residency. I can't believed they would make up such a lie for her to stay. Is it true that she can stay in the US as a permanent without me? I thought she has to marry me within 90 days or she has to leave the US?? i am thinking to hired a lawyer but first i need your help

Did you do a CRBA? Is the child a US citizen?

yes, he is a USC

If she doesn't marry you within the 90 days - she's is essentially on her own (if you so choose) to obtain her permanent residency status - someone (apparently other than you) would have to petition for her. (That's about it as far as her obtaining a PR-status.)

You could (if you so choose) notify USCIS, with a brief letter of explanation, that the beneficiary has left and is on her own.

i don't think anyone else can petition for her besides me

Hello,

My fiancee just got here on a visa that expires in 90 days. It clearly states that she has to marry me within the 90 days or she has to go back home. We have a baby together, but she decided to leave us. She left with her uncle thinking she can become a permanent residence without me. Her uncle told me he'll hire a laywer to do the paper work for her to stay here as a permanent residence without me at all. I then asked him how is that possible sir? He said he can tell the laywer i abused h or threw her out of the house, therefore she has the right to report this and get permanent residency. I can't believed they would make up such a lie for her to stay. Is it true that she can stay in the US as a permanent without me? I thought she has to marry me within 90 days or she has to leave the US?? i am thinking to hired a lawyer but first i need your help

Someone else will surely correct me if I'm mistaken, but I don't believe someone can adjust status from K-1 fiancee to LPR based on a claim under the Violence Against Women Act (VAWA). I believe the law only applies to spouses of US citizens. K-1 is a nonimmigrant status. Adjustment of status to LPR is predicated upon marriage to the US citizen petitioner within 90 days of entry. If she claims to be "abused," her relief under K-1 status is to return to her country without marrying you.

i think you are correct, can someone else please verify this?

Hello,

My fiancee just got here on a visa that expires in 90 days. It clearly states that she has to marry me within the 90 days or she has to go back home. We have a baby together, but she decided to leave us. She left with her uncle thinking she can become a permanent residence without me. Her uncle told me he'll hire a laywer to do the paper work for her to stay here as a permanent residence without me at all. I then asked him how is that possible sir? He said he can tell the laywer i abused h or threw her out of the house, therefore she has the right to report this and get permanent residency. I can't believed they would make up such a lie for her to stay. Is it true that she can stay in the US as a permanent without me? I thought she has to marry me within 90 days or she has to leave the US?? i am thinking to hired a lawyer but first i need your help