What to do next? Have green card

[raysfan 0]

My wife got a conditional 2 years CR-1 visa! it's been a year now but I'm not sure when to file for AOS since her visa expire next July.

[finallyfree 2]

She already has a green card, right? You do not file for adjustment of status, you file for removal of conditions on her GC.

Edited August 30, 2010 by finallyfree

[raysfan 0]

how do I do that? besides I don't know if I want to remove the conditions! Not sure, thisgs are not goiung to good!

She already has a green card, right? You do not file for adjustment of status, you file for removal of conditions on her GC.

[Inky 1,110]

Removal of Conditons is correct, the date on the green card is the date she needs to look at for filing removal of conditions on time. Date on the green card, 2 years minus 90 days.

[raysfan 0]

But she wants to go back to her country since things are not going to good with us and what if I dont file for conditions to be removed?

Removal of Conditons is correct, the date on the green card is the date she needs to look at for filing removal of conditions on time. Date on the green card, 2 years minus 90 days.

[Inky 1,110]

But she wants to go back to her country since things are not going to good with us and what if I dont file for conditions to be removed?

If she wants to go home she can go home. She could go home now if she wanted and not come back.

If you dont file for removal of conditions and she leaves the country, then her green card expires by the date on the card, she wont be allowed back in with an expired green card.

You can file for divorce if thats your/her plans before or after she leaves.

[raysfan 0]

I think that will be the best route since this is not the kind of relationship that I wanted, this is hell!!!

[Inky 1,110]

I think that will be the best route since this is not the kind of relationship that I wanted, this is hell!!!

Sorry things arent working out for you guys.

[raysfan 0]

By the way she just came back from her country and we have a chaild tha was borned here in US and I have to forced her to come back because I gave her a notarized document authorizing her to take our son out of the country with an actual return date and it was tough to get her to bring back my son and now she want to take him with her forever!

[Inky 1,110]

you will need a lawyer that is good in family law to be able to get custody.. that would be a long hard battle too im sure.

[raysfan 0]

Does she have the right to take my son away? he is an US citizen!

[JimVaPhuong 4,863]

Does she have the right to take my son away? he is an US citizen!

No, she doesn't. But, if your son has a US passport then there's not much you can do to stop her, at this point.

Get a divorce lawyer and get the divorce started. Ask your lawyer to petition the court to seize the child's passport until custody and visitation have been resolved because your wife is a flight risk. Without a passport, she won't be able to take the child out of the US.

[raysfan 0]

Ther's got to be another way to do it! I don't feel to good talking about this but honestly all she wanted from me was to have a chaild and her papers to be able to go in an out of her country any time she wanted. Before she got to US everything was incredible but since the first day she got here she turned into some else! It's sad but it's true.

[Myopia 93]

No, she doesn't. But, if your son has a US passport then there's not much you can do to stop her, at this point.

Get a divorce lawyer and get the divorce started. Ask your lawyer to petition the court to seize the child's passport until custody and visitation have been resolved because your wife is a flight risk. Without a passport, she won't be able to take the child out of the US.

So let me get this straight.

You want to force your wife to leave the US and leave her child with you?

Is that the crux of the matter.

wouldn't you help her remove her conditions? She still wont be able to leave the country without your permission regardless even if the conditions are removed.

How is she a flight risk? Didn't she leave the US and return WITH the child? I'm pretty sure had she chosen she could have just refused to get on the return flight. She came back. She is not a flight risk.

That notarized letter allowed her to leave the US but it didn't force her to return.(MY Dominican friend had to get the same notarized letter in order to take her children out of the country and Immigration called her ex husband to make sure she could leave the US even WITH the notarized letter)

Hell on earth is always a subjective description. It may well be more hellish to have your child resent you for forcing his mother to leave the country.

Do what is in the best interest of your child. I doubt a court is going to award sole custody to you. For the most part it will be joint...and remember when you file for divorce the court will order a child support order if the child resides with your wife.

Best of everything!

[moa3radv_k1 0]

She already has a green card, right? You do not file for adjustment of status, you file for removal of conditions on her GC.

Hi there finallyfree! We almost have the same timeline but right now it's only the I-131 (Advance Parole) had been approved. Hope the two forms will be next. Goodluck!