Husband in India, but I the USC wants a divorce! Need Help

[amnyc86 1]

Ok so the updates are that he decided to return to the US on his own, despite me repeatedly asking for a divorce through the Indian system.

1) I filed for a divorce and he was served the papers at the airport

2) Got an order of protection against him which was also served at the airport

Problems:

1) his passport and GC was confiscated at the airport by Customs and Border Patrol

2) he has 30 days to prove that he has an ongoing marriage w/ the USC

I am totally lost as currently we are in and out of family court for the order of protection(OP) issues. It continues to be granted by the judge as the dates are being changed. He now has an immigration lawyer and is "fighting" for the passport and greencard. I am not getting any info as to what exactly is going on. The airport officers are giving me answers such as he will be deported, or that his status is in proceedings, etc.

Using the Affidavit of Support his court apptd lawyer asked for $600 a week for financial support!!!!!!!

He implied at the last court date that he will concede to the OP if his immigration status has not been compromised.

I had to hire an attorney for the OP, who is not familiar w/ immigration laws. I am hoping one of you VJrs can help me w/ some info. I would like to know what are his rights to remain in the country. Do I have to inform USCIS about me filing for divorce and the grounds for it? Is there any way to get out of the Affidavit if Support? You can't tell me that the US Govt would want someone to support an abusive man? He can't claim that he has a hard life in India. He has his father there, and had a job that earned 5Lakhs a yr for the past 7 yrs. He can easily go back to that company to get another job.

I am just very gracious that I do not feel threatned or on edge b/c he is NOT in my house!!!!

If anyone has any answers for me, I appreciate it from my heart. Thank you again for all your previous kind words. It gave me the strength and courage to move forward and away from a destructive person.

[milimelo 4,541]

Ok so the updates are that he decided to return to the US on his own, despite me repeatedly asking for a divorce through the Indian system.

1) I filed for a divorce and he was served the papers at the airport

2) Got an order of protection against him which was also served at the airport

Problems:

1) his passport and GC was confiscated at the airport by Customs and Border Patrol

2) he has 30 days to prove that he has an ongoing marriage w/ the USC

I am totally lost as currently we are in and out of family court for the order of protection(OP) issues. It continues to be granted by the judge as the dates are being changed. He now has an immigration lawyer and is "fighting" for the passport and greencard. I am not getting any info as to what exactly is going on. The airport officers are giving me answers such as he will be deported, or that his status is in proceedings, etc.

Using the Affidavit of Support his court apptd lawyer asked for $600 a week for financial support!!!!!!!

He implied at the last court date that he will concede to the OP if his immigration status has not been compromised.

I had to hire an attorney for the OP, who is not familiar w/ immigration laws. I am hoping one of you VJrs can help me w/ some info. I would like to know what are his rights to remain in the country. Do I have to inform USCIS about me filing for divorce and the grounds for it? Is there any way to get out of the Affidavit if Support? You can't tell me that the US Govt would want someone to support an abusive man? He can't claim that he has a hard life in India. He has his father there, and had a job that earned 5Lakhs a yr for the past 7 yrs. He can easily go back to that company to get another job.

I am just very gracious that I do not feel threatned or on edge b/c he is NOT in my house!!!!

If anyone has any answers for me, I appreciate it from my heart. Thank you again for all your previous kind words. It gave me the strength and courage to move forward and away from a destructive person.

You may need to get an immigration lawyer involved as well.

Make sure you provide a statement on what you described in your first post - as that constitutes abuse. Affidavit of Support is a contract between you and the government - you can also get out of it if, he leaves the country, gets 40 quarters of work credit (around 10 years), naturalizes, you or he die. Some people have tried to sue for financial support but in most cases that had been denied by the courts.

Keep your head up, and hang in there!

[JimVaPhuong 4,863]

Ok so the updates are that he decided to return to the US on his own, despite me repeatedly asking for a divorce through the Indian system.

1) I filed for a divorce and he was served the papers at the airport

2) Got an order of protection against him which was also served at the airport

Problems:

1) his passport and GC was confiscated at the airport by Customs and Border Patrol

2) he has 30 days to prove that he has an ongoing marriage w/ the USC

I am totally lost as currently we are in and out of family court for the order of protection(OP) issues. It continues to be granted by the judge as the dates are being changed. He now has an immigration lawyer and is "fighting" for the passport and greencard. I am not getting any info as to what exactly is going on. The airport officers are giving me answers such as he will be deported, or that his status is in proceedings, etc.

Using the Affidavit of Support his court apptd lawyer asked for $600 a week for financial support!!!!!!!

He implied at the last court date that he will concede to the OP if his immigration status has not been compromised.

I had to hire an attorney for the OP, who is not familiar w/ immigration laws. I am hoping one of you VJrs can help me w/ some info. I would like to know what are his rights to remain in the country. Do I have to inform USCIS about me filing for divorce and the grounds for it? Is there any way to get out of the Affidavit if Support? You can't tell me that the US Govt would want someone to support an abusive man? He can't claim that he has a hard life in India. He has his father there, and had a job that earned 5Lakhs a yr for the past 7 yrs. He can easily go back to that company to get another job.

I am just very gracious that I do not feel threatned or on edge b/c he is NOT in my house!!!!

If anyone has any answers for me, I appreciate it from my heart. Thank you again for all your previous kind words. It gave me the strength and courage to move forward and away from a destructive person.

Yes, they could make you pay support to an abusive man. There is nothing in the I-864 contract that gives you an "out" just because your husband is abusive.

You can get out of the affidavit of support if he loses his legal status and leaves the US. They will not make you pay support unless he is an LPR.

If your attorney isn't up to this, then hire an attorney who is. The affidavit of support is an immigration matter that should be decided in a civil or federal court, and not in a family court. Also, you have strong grounds to ask that any decision of the affidavit of support be postponed until his immigration case has been decided. Before they determine that the affidavit should be enforced, they need to decide that he will be eligible to ask for it to be enforced. That won't be established until his immigration case has been decided. You really need a lawyer who understands immigration AND family law.

[Lia792 5]

Ok so the updates are that he decided to return to the US on his own, despite me repeatedly asking for a divorce through the Indian system.

1) I filed for a divorce and he was served the papers at the airport

2) Got an order of protection against him which was also served at the airport

Problems:

1) his passport and GC was confiscated at the airport by Customs and Border Patrol

2) he has 30 days to prove that he has an ongoing marriage w/ the USC Why is this a problem? I would think best-case scenario would be for him to be deported or have voluntary departure.

I am totally lost as currently we are in and out of family court for the order of protection(OP) issues. It continues to be granted by the judge as the dates are being changed. He now has an immigration lawyer and is "fighting" for the passport and greencard. I am not getting any info as to what exactly is going on. The airport officers are giving me answers such as he will be deported, or that his status is in proceedings, etc.

Using the Affidavit of Support his court apptd lawyer asked for $600 a week for financial support!!!!!!!

He implied at the last court date that he will concede to the OP if his immigration status has not been compromised.

I had to hire an attorney for the OP, who is not familiar w/ immigration laws. I am hoping one of you VJrs can help me w/ some info. I would like to know what are his rights to remain in the country. Do I have to inform USCIS about me filing for divorce and the grounds for it? Is there any way to get out of the Affidavit if Support? You can't tell me that the US Govt would want someone to support an abusive man? He can't claim that he has a hard life in India. He has his father there, and had a job that earned 5Lakhs a yr for the past 7 yrs. He can easily go back to that company to get another job.

I am just very gracious that I do not feel threatned or on edge b/c he is NOT in my house!!!!

If anyone has any answers for me, I appreciate it from my heart. Thank you again for all your previous kind words. It gave me the strength and courage to move forward and away from a destructive person.

Sorry, I don't know enough to give you legal advice, but since you are divorcing him, and Immigration seems to be bothered by that, I don't think you should make any deals that will allow him to stay in the country since he is trying to milk you for money. If he stays, he will try to make you pay him a monthly sum since you were supporting him in the marriage, and he will most likely try to get means-tested benefits. It seems like it would be in your best interest for him to get deported so you will be freed from the Affidavit of Support and hopefully from haivng to pay spousal support. Again, not legal advice, I hope those that are more knowledgeable can help you. Sorry for what you are going through and I'm glad you got the courage up to free yourself.

Also, I imagine ICE is the one who would be doing any deporting (?) so maybe others can say if they think it worthwhile to get in touch with them about your pending divorce and any complaints of abuse. I'm pretty sure domestic violence is grounds for deportation especially if it happened in the US.

[Brother Hesekiel 2,236]

Jim gave you excellent advice. Basically, what you want for your husband is that he is asked to leave the US. You two do not have an ongoing relationship, and aside from the abuse, there's no way that he now, after the whole shabang is in the USCIS' files, can remove conditions on his own.

Now, without a passport and without a GC and without a roof over his head, his attorney is trying to milk you for money. Well, he's just doing his job. You have to find an attorney who will fight paying a dime until the immigration issue has been solved, and if you send a formal letter stating abuse I don't think he will survive much longer after the 30 days.

Afterward, you can continue with the divorce in absentia, 'cause if you can document that he has been ordered to leave the country for good, he surely won't be coming to the court dates.

Unfortunately, this all will cost you money. It's well spent on a lesson hopefully well learned. After all of this is over, you can start breathing again.

[leahandlucas 15]

1) I filed for a divorce and he was served the papers at the airport

2) Got an order of protection against him which was also served at the airport

Problems:

1) his passport and GC was confiscated at the airport by Customs and Border Patrol

2) he has 30 days to prove that he has an ongoing marriage w/ the USC

They were waiting for him at the airport to serve him???

They took his passport as well??? do they have the right to do that???..green card yes, but a passport of a different country can't be confiscated for that long...i dunno...

[3600rs 24]

1) I filed for a divorce and he was served the papers at the airport

2) Got an order of protection against him which was also served at the airport

Problems:

1) his passport and GC was confiscated at the airport by Customs and Border Patrol

2) he has 30 days to prove that he has an ongoing marriage w/ the USC

They were waiting for him at the airport to serve him???

They took his passport as well??? do they have the right to do that???..green card yes, but a passport of a different country can't be confiscated for that long...i dunno...

Exactly, I dont understand from what the Op has described. Anyways even if he is in trouble with the ICE and CPB he will be ok once he is divorced and files a waiver. Deportation in not in the near horizon just for leaving his wife. The Attorney General has more important people to deport. Divorce or a sour separation doesn't equate to deportation. Even if fraud is alleged it will take years till he is removed if there is convincing documentary evidence. Meanwhile he is a permanent resident with full rights.

[zeeshan123 1]

Seriously I donnt understand. They took his passport and GC at airport only because his wife wanted divorce???

could this happen?

@ OP could u please explain in a little detail, where did u file ur complaint?

did u inform airport authorities of his arrival?

or there was something illegal in his record that u came to know and then inform authorities?

[Darnell 8,479]

Ok so the updates are that he decided to return to the US on his own, despite me repeatedly asking for a divorce through the Indian system.

1) I filed for a divorce and he was served the papers at the airport

2) Got an order of protection against him which was also served at the airport

Problems:

1) his passport and GC was confiscated at the airport by Customs and Border Patrol not a problem - this is what you wanted! Also, it removes the 'flight risk' on him

2) he has 30 days to prove that he has an ongoing marriage w/ the USC not YOUR problem - is his problem - so if he has no records, no copies of bills, rental agreements, lease agreements, anything in JOINT names, bank statements, he won't be able to prove up. IMO, you really want him to NOT BE able to prove up, as you WANT him out of the country, yes? FWIW, he has no further ongoing marriage - a divorce was filed - this 'ongoing thing' has stopped - dead stop / full stop (unless you do some silly thing like reconciliation whilst the divorce is in process and subsequently withdraw the divorce paperwork).

I am totally lost as currently we are in and out of family court for the order of protection(OP) issues. It continues to be granted by the judge as the dates are being changed. He now has an immigration lawyer and is "fighting" for the passport and greencard. I am not getting any info as to what exactly is going on. The airport officers are giving me answers such as he will be deported, or that his status is in proceedings, etc. they have a boss - ask for the boss, be direct, inquire

Using the Affidavit of Support his court appointed lawyer asked for $600 a week for financial support!!!!!!! he can ask, a judge won't grant it --see below

He implied at the last court date that he will concede to the OP if his immigration status has not been compromised. say no to this, always - he is using his 'Indian Man' thinking, here - and it's not going to work - this stuff is NOT an area for compromise, debate, or negotiation

I had to hire an attorney for the OP, who is not familiar w/ immigration laws. I am hoping one of you VJrs can help me w/ some info. I would like to know what are his rights to remain in the country. Do I have to inform USCIS about me filing for divorce and the grounds for it? Is there any way to get out of the Affidavit if Support? You can't tell me that the US Govt would want someone to support an abusive man? He can't claim that he has a hard life in India. He has his father there, and had a job that earned 5Lakhs a yr for the past 7 yrs. He can easily go back to that company to get another job.

I am just very gracious that I do not feel threatned or on edge b/c he is NOT in my house!!!!

If anyone has any answers for me, I appreciate it from my heart. Thank you again for all your previous kind words. It gave me the strength and courage to move forward and away from a destructive person.

I'm so happy for this news, really !!!! (well, most of it, anyway).

I think it's great his GC and passport were snatched at the airport by CBP and he has a deportation hearing with ICE. WAY TO GO !

Now, as to the 'suggested payments by you to him' - that's total BS - his attorney is playing 'hard' and the judge knows it. If the attorney is trying to be nasty about the affadavit of support - tell the judge it's a CONTRACT between YOU and US Government for YOU to repay any means-tested benefits - and yer 'husband' hasn't used any 'means-tested benefits' yet. Tell the Judge, not your husband's attorney. At this point, all is adversarial with the husband's attorney.

For you - you need the husband to sign the 'waiver to appear' document and tell him you don't care about anything else he's trying to do - a divorce is imminent (sp?) and he needs to sign the document prior to being deported. The 'waiver to appear' document is useful for the divorce, as when signed, he 'waives his right to appear' at the final court hearing. IF the divorce is uncontested, then he doesn't need to appear at all.

His lawyer will attempt all types of stalling tactics on anything divorce related, in some hope that this will cross over to the deportation hearing. YOU SHOULD SHOW UP to the deportation hearing (actually, get permission to be there, prior) and have THAT Judge at the Immigration Hearing handle this 'waiver to appear' document - at least for signing and notarization. You can then handle the subsequent FILING at the divorce court, yerself.

You'll probably want to prepare as many attestations as you need (one per topic) to present to the immigration court, as well, as to WHY he's not to be considered to keep his status as a result of a bonafide marriage with a US Citizen. If I remember, you have at least 5 topics on that, so need 5 attestations , 1 on each topic.

I'll write more tomorrow, after the jet lag.

So far, I must say- CONGRATULATIONS !

Edited May 5, 2010 by Darnell

[Darnell 8,479]

Seriously I donnt understand. They took his passport and GC at airport only because his wife wanted divorce???

could this happen?

@ OP could u please explain in a little detail, where did u file ur complaint?

did u inform airport authorities of his arrival?

or there was something illegal in his record that u came to know and then inform authorities?

Actually, IMO, it's the protective order that triggered the confiscation at the POE.

Exactly, I dont understand from what the Op has described. Anyways even if he is in trouble with the ICE and CPB he will be ok once he is divorced and files a waiver. Deportation in not in the near horizon just for leaving his wife. The Attorney General has more important people to deport. Divorce or a sour separation doesn't equate to deportation. Even if fraud is alleged it will take years till he is removed if there is convincing documentary evidence. Meanwhile he is a permanent resident with full rights.

They kept his passport because he is a 'flight risk'.

There's actually some VAWA stuff going on, in her favor, as well.

[zeeshan123 1]

@ amnyc86

if you could expalain in detail how u did it, then it could prove useful for a lot of others who

are harassed by their spouses and donnot know how to protect themselves.

[3600rs 24]

Actually, IMO, it's the protective order that triggered the confiscation at the POE.

They kept his passport because he is a 'flight risk'.

There's actually some VAWA stuff going on, in her favor, as well.

Your first opinion is interesting from what we usually hear; cases where the USC informs uscis of divorce, the green card from the spouse is taken by the CPB at the POE in some cases.

To the OP and others: He is a permanent resident till the courts decide hes not. Only high quality evidence of fraud will get someone deported, not sour baseless accusations. The Green Card for a spouse is a benefit for the USC, but remember it also one of the benefits for marrying a USC. For removal based on fraud, marrying ONLY for green card should be his one and only objective.

[justashooter 430]

agreed that domestic violence is a crime of moral turpitude, and evidence of this should be presented at any ICE hearing that is scheduled.

[zeeshan123 1]

as said earlier;

Your first opinion is interesting from what we usually hear; cases where the USC informs uscis of divorce, the green card from the spouse is taken by the CPB at the POE in some cases.

does this apply to conditional or 10yr GC or both.

[3600rs 24]

as said earlier;

Your first opinion is interesting from what we usually hear; cases where the USC informs uscis of divorce, the green card from the spouse is taken by the CPB at the POE in some cases.

does this apply to conditional or 10yr GC or both.

I have seen this happen for conditional cards.