A wife's Dillema

[pushbrk 13,074]

She should go back to her original Country. He must not want to apply for the GC with her for something. He probably found out that she's just using him for that. That is why she is all concerned about her GC. She should just start a new and go back to her 3rd world country.

Wow... that's heavily racist.

Racist? Where do you see any reference to race? There's nothing to reference even the country and certainly not the race of any person involved in the marriage or the offending post.

Let's not throw gasoline on fires.

[Gaby&Talbert 1]

There are plenty of people here that are judgemental and will tell you to leave the country.

What are the reasons he won't petition for her?

One option is if he is abusing her she could self petition, this would be the only option for self petitioning. Having children that are citizens will not help in anyway except it might keep her out of jail if she were caught by ICE until deportation orders were issued.

[melusine 5]

go back to her 3rd world country....... ?? #######..

i strongly believe this is racist ! (you could be beaten for that in france !)

it's disgustingly rude or an evident sign of a lack of education...or both

Edited May 1, 2008 by melusine

[payxibka 10,047]

hello

can someone please tell me if a woman is married to an american citizen and has children with him but he refuses to apply for a greencard for her, is there anything she can do?

The USC does not apply for a greencard on behalf of the alien... The alien applies and only requires some information from the USC. In certain circumstances, the alien can petition around those requirements. So yes, based on certain facts and circumstances there might be things she can do.

Edited May 1, 2008 by fwaguy

[DanielParul 50]

She should go back to her original Country. He must not want to apply for the GC with her for something. He probably found out that she's just using him for that. That is why she is all concerned about her GC. She should just start a new and go back to her 3rd world country.

That is RACIST

[maiflower 0]

oh my goodness tony, your commetns are starting to make me sick. first of all i am an american citizen by BIRTH and because you dont care to ask deeper question before you make the assumption that you are dealing with some illegal is just pathetic. to all the other normal people on here: my aunt was married to this man for many years, they came to the US and my aunt lost her status. he in turn went and married and got HIS GC, she went on with her life and eventually the USC left him and she ran back to my aunt, she took him back and for some stupid reason he refuses to apply for her to get her GC. If in fact lil brained tony was correct, my aunt would nevr have gotten back with him, unless he had given her a GC first. although i personally am on the other side of this issue because of what my husband did to me, that does not make me blind to the fact that there are USC that abuse immigrants when a GC is concerned. Immigration issues are NOT Black and white!

[diadromous mermaid 36]

hello

can someone please tell me if a woman is married to an american citizen and has children with him but he refuses to apply for a greencard for her, is there anything she can do?

The information you shared in your last post changes the dynamics of this situation a bit. If the USC was formerly a GC and married someone else to attain his US citizenship, upon receipt of the US citizenship then leaving that marriage to return to his former alien wife, I don't think he has an obligation to assist her in attaining PR.

[pushbrk 13,074]

hello

can someone please tell me if a woman is married to an american citizen and has children with him but he refuses to apply for a greencard for her, is there anything she can do?

The information you shared in your last post changes the dynamics of this situation a bit. If the USC was formerly a GC and married someone else to attain his US citizenship, upon receipt of the US citizenship then leaving that marriage to return to his former alien wife, I don't think he has an obligation to assist her in attaining PR.

Definitely. Under what status did the aunt enter the US and how/why did she lose it?

[pushbrk 13,074]

She should go back to her original Country. He must not want to apply for the GC with her for something. He probably found out that she's just using him for that. That is why she is all concerned about her GC. She should just start a new and go back to her 3rd world country.

That is RACIST

There is nothing in this thread to indicate the race of any poster in this thread. For all we know, Tony and the person he thinks should go back to her original country are of the same race. Please, let's not rabble rouse or poor gasoline on fires here.

I get the impression Tony thinks intending immigrants whose path to permanent resident is through a USC spouse are not entitled to stay unless their USC spouse wants them to. In some cases that's actually true but at the time of the post, we had no indication it was true in this case. New information, inconclusive at the moment, does tend to support the possibility though.

[diadromous mermaid 36]

hello

can someone please tell me if a woman is married to an american citizen and has children with him but he refuses to apply for a greencard for her, is there anything she can do?

The information you shared in your last post changes the dynamics of this situation a bit. If the USC was formerly a GC and married someone else to attain his US citizenship, upon receipt of the US citizenship then leaving that marriage to return to his former alien wife, I don't think he has an obligation to assist her in attaining PR.

Definitely. Under what status did the aunt enter the US and how/why did she lose it?

Not only that. The spouse of the alien seeking PR in this case, is not necessarily a petitioner, certainly not yet anyway.

[Rob & Jin 0]

I get the impression the man the aunt is married to is not a USC but a LPR, so he cant petition for her anyway.

Or did I miss something ?

[pushbrk 13,074]

I get the impression the man the aunt is married to is not a USC but a LPR, so he cant petition for her anyway.

Or did I miss something ?

Maybe you missed the bolded below from the thread's first post.

hello

can someone please tell me if a woman is married to an american citizen and has children with him but he refuses to apply for a greencard for her, is there anything she can do?

[Rob & Jin 0]

I get the impression the man the aunt is married to is not a USC but a LPR, so he cant petition for her anyway.

Or did I miss something ?

Maybe you missed the bolded below from the thread's first post.

hello

can someone please tell me if a woman is married to an american citizen and has children with him but he refuses to apply for a greencard for her, is there anything she can do?

but in her last post she says he has a GC

[pushbrk 13,074]

I get the impression the man the aunt is married to is not a USC but a LPR, so he cant petition for her anyway.

Or did I miss something ?

Maybe you missed the bolded below from the thread's first post.

hello

can someone please tell me if a woman is married to an american citizen and has children with him but he refuses to apply for a greencard for her, is there anything she can do?

but in her last post she says he has a GC

She says "he got" not "he has". He's been here a long time and is now a Citizen.

Now however, the situation has become more clear. This man never petitioned for his wife (the OP's aunt) a visa to come to the USA. Therefore, her current marriage to him carries with it no expected obligation for him to help her immigrate like if she were a K1 or K3 visa holder. He married an illegal alien. That carries with it no obligation with regard to the illegal alien's status, so witholding it is not abuse. No abuse equals no right to self petition for permanent resident status.

He can choose to help her or not. We have no information about why he hasn't or won't or even whether the issue is "hasn't" or "won't".

[maiflower 0]

thanks everyone. i got it now