Now what will my abandoned Brother-in-law do?

[jortega999 4]

My Brother-in-law is in a predicament. He married his US wife four years ago and came to the USA on a tourist visa with the plan to file his AOS and start the Green Card process. That was four years and a baby ago. His wife never made an effort to actually file his paperwork and always made excuses for why she could not do so. It seems that her priority was her daughters from a previous marriage and my poor brother-in-law had to wait. My wife and I even gave them money to get the process started, but nothing came of it. He has been waiting patiently and now has a son with her. After so much time the situation had become unbearable since he cannot work, having no papers makes this a problem. A few days ago the situation led to a significant fight resulting with my brother-in-law being removed by force from his home. Now he is a man without a home, family, legal status, or a job.

Are there any options for my brother-in-law at this point, other than to go back to Mexico? He came here under honest circumstances with the understanding that he would be a Permanent Resident and be able to take care of his new family, but his wife's priority was never getting his papers in order. He has a son here in Texas and was married under Texas Law. Are there any hardship Visa's available for him since his wife brought him here, never did anything to "legalize" him, and ultimately abandoned him. What can he do now?

Thank you in advance

[amykathleen2005 441]

So he committed visa fraud by entering on a visitor visa with intent to stay and now he wants to be able to stay? Not many options there.

His wife did not "bring him there", he is an adult with his own mind who came of his own free will.

Edited December 17, 2012 by amykathleen2005

[Xanax 349]

I believe:

1- coming on a tourist visa with intent to adjust status is fraud, just so you know.

2- if his wife will not help him with AOS I believe he has no options but to return to Mexico (or a third country). He will also probably have a 10 year or lifetime ban from the US for staying so long illegally.

The very best thing for him is to get his wife to assist him applying for AOS.

I wish your brother in law the best of luck.

[Xanax 349]

*** I said "lifetime ban" but in your case I don't think that will be applicable as it doesn't sound like your BIL misrepresented himself AND I believe that is the only reason for a life time ban (though I could be wrong).

[N-o-l-a 7,168]

This is why planning to AOS is a dangerous idea and I wish people would not do this for their own protection, same deal with the K1 immigrants. The best way for an intending immigrant to protect themselves is to come in on a CR1 or IR1.

It sounds like he is in a sticky pickle and will need a lawyer. Perhaps someone else can chime in, but I'm not sure he qualifies under VAWA.

[femery 1]

I dont know how old his son needs to be for him to file for the greencard under his citizenship...but other than that, I have to agree with the others and moving back to Mexico might be the only option. If he was fine in Mexico and only came for her, it shouldnt be that bad to go back..

[amykathleen2005 441]

This is why planning to AOS is a dangerous idea and I wish people would not do this for their own protection, same deal with the K1 immigrants. The best way for an intending immigrant to protect themselves is to come in on a CR1 or IR1.

It sounds like he is in a sticky pickle and will need a lawyer. Perhaps someone else can chime in, but I'm not sure he qualifies under VAWA.

Why would he qualify under VAWA? He has not been abused, he is a big boy and able to help himself. The wife does not have any obligation to him at all, in fact she didn't even sign an affidavit of support on him so she is not on the hook in the slightest.

[ceadsearc 516]

Not unless he was abused and could qualify for VAWA. If he is the one being removed by force from the home that probably doesn't bode well.

He can a) go home and face a 10 year ban. His kid can petition him when they are 21 or b) stay here illegally and hope he is able to keep flying under the radar, and maybe he will end up falling in love with another American. That's not the legal path, though.

[Xanax 349]

Not unless he was abused and could qualify for VAWA. If he is the one being removed by force from the home that probably doesn't bode well.

He can a) go home and face a 10 year ban. His kid can petition him when they are 21 or b) stay here illegally and hope he is able to keep flying under the radar, and maybe he will end up falling in love with another American. That's not the legal path, though.

And we cannot advise illegal activity on this site.

[Brother Hesekiel 2,236]

My Brother-in-law is in a predicament. He married his US wife four years ago and came to the USA on a tourist visa with the plan to file his AOS and start the Green Card process. That was four years and a baby ago. His wife never made an effort to actually file his paperwork and always made excuses for why she could not do so. It seems that her priority was her daughters from a previous marriage and my poor brother-in-law had to wait. My wife and I even gave them money to get the process started, but nothing came of it. He has been waiting patiently and now has a son with her. After so much time the situation had become unbearable since he cannot work, having no papers makes this a problem. A few days ago the situation led to a significant fight resulting with my brother-in-law being removed by force from his home. Now he is a man without a home, family, legal status, or a job.

Are there any options for my brother-in-law at this point, other than to go back to Mexico? He came here under honest circumstances with the understanding that he would be a Permanent Resident and be able to take care of his new family, but his wife's priority was never getting his papers in order. He has a son here in Texas and was married under Texas Law. Are there any hardship Visa's available for him since his wife brought him here, never did anything to "legalize" him, and ultimately abandoned him. What can he do now?

Thank you in advance

Unfortunately not.

It's truly weird that his wife would NOT want her lawfully wedded husband and father of their child to work and to contribute to the family's income . . . for four years! He can only adjust status based on this marriage, and the moment he leaves the U.S. he will trigger the mandatory 10-year bar.

Now on a more personal note . . . your brother-in-law is homeless, unlawfully present, unable to work . . . why does he NOT want to go back to his home country where he could work? I just returned from Cabo and I have been to Meridia and Mexico is a beautiful country. Your brother-in-law's ability to speak English and his knowledge of the American way of life would surely give him an advantage in regard to tourism. I'm sure he would find a job that beats sleeping in a cardboard box.

[Shiobhan 235]

Listen all marriages have problem , U married this woman in good faith, eventhough U lied about intent, it dont mean U should suffer,

those without sins cast the first stone, try and talk to your wife and try to save your marriage, things get antsy when one side maybe a

little selfish & the other have no jiob but if U both love each other things can be worked out, have someone sensible sit down with U both

as money for counseling ight be tight I say best wishes.

[Enigma11561 336]

If this man is your brother in law, then his wife is your sister? Can't you do anything to help him? Talk to her? This has been going on for 4 years and nobody gave this poor guy any advice? The fact he has been removed " by force" ( police? ) is not a good thing to have on his record either.

[Noah Lot 391]

Listen all marriages have problem , U married this woman in good faith, eventhough U lied about intent, it dont mean U should suffer,

those without sins cast the first stone, try and talk to your wife and try to save your marriage, things get antsy when one side maybe a

little selfish & the other have no jiob but if U both love each other things can be worked out, have someone sensible sit down with U both

as money for counseling ight be tight I say best wishes.

So this guy arrived in the US with the intention of lying to our border officials, abusing the visa privilege, and now wants....advice? Here's mine: go back to your own country, because no one wants to assist those who cannot obey simple rules.

[scotinmass 588]

If this man is your brother in law, then his wife is your sister? Can't you do anything to help him? Talk to her? This has been going on for 4 years and nobody gave this poor guy any advice? The fact he has been removed " by force" ( police? ) is not a good thing to have on his record either.

The brother in law is likely to be the OPs wife's brother.

[Cathi 5,794]

So he came here with the intent to marry and adjust status. Visa fraud. And now he wants advice from people who do things legally?