Married my fiance but having marital problems

[TracyTN 237]

If you can prove you entered the marriage in good faith, then you can obtain your green card. It'd be great if he would help you prove that to USCIS but if he won't, you can still work around it. Start collecting evidence of co-mingling of assets, etc. Obviously having had a child together helps. Hopefully he's at least man enough to help you pay the application fee.

Nothing happens to him - he is a US citizen. And a cad who has cheated on his wife. I'm sorry this has happened to you. You certainly don't deserve it.

[Aloe 10]

I'm sorry to hear that.

How did you find this out? Do you still want to remain in the U.S. I know I would be on the first flight home.

It might be beneficial for you to collect all the information you can on the circumstances whether you will need it in regards to immigration or for divorce and custody issues you may now be faced with. Can I ask where you are in the states?

[TracyTN 237]

I assumed she would want to stay in the US as they have a child. She can't take the child out of the country without her husband's permission, so...!

[Aloe 10]

But with her husband being a total ####### and going behind her back you would think if he had a decent bone in his body he would let her choose what was best for her and the child. Clearly she is the one that has taken the most responsibility on when it comes to the child and I believe if she feels she would be happier in Aus she should have every right to go back. Of course we already know some slight idea of the guys character and it's unlikely that he would allow such a thing but in the event he may it is an option for her to explore. If it WERE me in this situation I would throw everything at him to try and allow me and my kids to move back to Aus. They are all options and she needs to be able to explore them all.

[nane1104 146]

I am so sorry to hear that. That certainly changes the entire situation for you.

I am assuming there is no working it out at this point?

Going back home would always be an option and I think if you wanted to do that, you would have good chances that he either just agrees to you taking your baby with you. I think even in court you would have good chances to win.

If you want to stay in the US, try to gather everything you can to proof that you entered the marriage in good faith...before your husband (if he was going the evil route) can take things away or even destroy evidence. Do everything you need to do to protect yourself and your child!

Keep us posted and like I said, protect yourself!!!

[rlogan 2,036]

So terribly sorry for you hon. The cruelty of pretending it is hard on his fragile little ego to open up to you...

Now you apply for adjustment of status on your own. Collect all the evidence you can that the marriage was entered into in good faith. Having a child is going to help. You do not sound like a vindictive person. Quite the opposite. That's good because you will channel your energy positively instead of wasting resources trying to retaliate.

[JimVaPhuong 4,863]

If you can prove you entered the marriage in good faith, then you can obtain your green card. It'd be great if he would help you prove that to USCIS but if he won't, you can still work around it. Start collecting evidence of co-mingling of assets, etc. Obviously having had a child together helps. Hopefully he's at least man enough to help you pay the application fee.

Nothing happens to him - he is a US citizen. And a cad who has cheated on his wife. I'm sorry this has happened to you. You certainly don't deserve it.

Wait! Did I miss something? OP hasn't filed for AOS yet. You can't get a green card if your marriage is disintegrating by showing you entered the marriage in good faith. That's for removal of conditions. I remember a 9th circuit case where a K1 managed to get a green card after the marriage fell apart, but in that case they applied for AOS while the marriage was still intact, and USCIS took more than two years to adjudicate the AOS. Is there some new policy at USCIS that I'm not aware of?

[nane1104 146]

I thought I read on here about a new policy that would protect even a K-1 who hasn't filed for AOS yet as long as they can prove they entered into the marriage with good faith!? Her child would certainly attest to that.

[rlogan 2,036]

Wait! Did I miss something? OP hasn't filed for AOS yet.

oopsie! Duh.

Jim is the go-to guy on this.

[JimVaPhuong 4,863]

I thought I read on here about a new policy that would protect even a K-1 who hasn't filed for AOS yet as long as they can prove they entered into the marriage with good faith!? Her child would certainly attest to that.

Her child attests to the fact that they had sex before they were married. The "good faith" part has to do with what was going on in her head the day she got married. That wasn't very long ago, and the marriage is falling apart. The relationship on which the adjustment of status is based must exist at the time the adjustment of status is approved.

From the Adjudicator's Field Manual, section 23.5:

If the petition is based on a marital relationship, question the party or parties sufficiently to satisfy yourself that the relationship continues to exist.

Technically, the OP is still married, so she's eligible to apply for adjustment of status. If they get called in for an interview, and the IO determines that the relationship is headed for divorce, then the AOS is going to be denied. Trying to apply "good faith marriage" at that point is comparable to skipping AOS and going straight for removal of conditions. I'm not aware of any policy that allows this.

[TracyTN 237]

Wait! Did I miss something? OP hasn't filed for AOS yet. You can't get a green card if your marriage is disintegrating by showing you entered the marriage in good faith. That's for removal of conditions. I remember a 9th circuit case where a K1 managed to get a green card after the marriage fell apart, but in that case they applied for AOS while the marriage was still intact, and USCIS took more than two years to adjudicate the AOS. Is there some new policy at USCIS that I'm not aware of?

Sorry - I think I was confusing this thread with another. You're right - she has not yet filed. Thanks for catching that Jim!

[Brother Hesekiel 2,236]

Marriage, immigration, having sex, making a baby . . . all these things can have dire consequences when done quickly without giving much thought about the "what if" scenarios.

The child is a US citizen, and if the mother's AOS petition is being denied and she will be ordered to leave the U.S. she can only take the child with her if the father agrees, formally, assuming they have joint custody. In fact, his signature/presence will already be required to get the child her passport.

Ultimately a judge in family court will decide what's in the child's best interest, and most likely a judge will rule that the child is better off with the mother than the father, unless some facts would support a different assessment. The problem is and remains that a U.S. citizen father can make a lot of waves preventing a to-be-deported mother taking their U.S. citizen child with her out of the child's country to the wilderness of Transsylvania or the Australian Outbacks.

[bbubble 0]

I have read everyone's replies. So I guess the worst case scenario is that I get sent back to my country without my baby? That is most definitely NOT an option. The child is a USC and we entered the US with his US passport. That passport now is in the vault of a bank. My husband made sure it was "put away somewhere safe". I do not have access to my child's passport. Does anyone know for sure if I need my husband's permission to leave the country with our child? Because what am I violating? It's my child, I am his mother. Also, yes I have not yet filed for AOS but I would like to stay in the US because of our child, I would want for my son to have a father because he is a good father even though he's not a good husband. But if I have to leave I am okay with that as long as my child comes with me. Have I got ANY rights?? This has been devastating, I don't know what to do.

I could apply for an Australian passport for my son and use that, but does he have to leave the country with the same passport as when he came into it? Please help. My husband will definitely try to keep our son in the US and I am afraid this will end terribly

Oh and I am in Texas.

Edited August 10, 2011 by bbubble

[nane1104 146]

When I applied for a german passport for my son, my husband and I both had to sign the application. I am thinking this would be a standard requirement for AUS passports too.

I am really sorry for what you are going through. Given that you have been here only for a short while makes me wonder why your husband wanted you to come over in the first place, obviously he isn't interested in a marriage with you.

Is this all about your baby? You mentioning he locked your babys passport away makes it sound a lot like this.

Your only chance of remaining in the US at this point (I am assuming AOS is out of the window) would be a VAWA claim if there is any form of abuse that you can proof. If there is no physical violence involved, that can be very hard, as you'd need it documented.

I am just mentioning this so you know the options, whether that would be something that is going on or not, as you haven't mentioned any abuse here.

Even if you could obtain an australian passport for your child, you can't take him out of the country without your husbands permission, even though, yes, he is your child too. Unless you have sole custody of your child, no chance and even then I am not sure, what the laws are.

I hope you are safe at home, if not, please get out to protect yourself and your child. Go to a womens shelter, they can also help you with legal support, immigrationwise and for a possible divorce/custody battle.

You seem like a very, very nice person, don't let your husband run all over you because yes, you DO HAVE RIGHTS!!

I hope someone more knowledgable will add some more info!

PM me if you like:)

[sachinky 465]

Wait! Did I miss something? OP hasn't filed for AOS yet. You can't get a green card if your marriage is disintegrating by showing you entered the marriage in good faith. That's for removal of conditions. I remember a 9th circuit case where a K1 managed to get a green card after the marriage fell apart, but in that case they applied for AOS while the marriage was still intact, and USCIS took more than two years to adjudicate the AOS. Is there some new policy at USCIS that I'm not aware of?

Precisely my thoughts.