She Played Me

[gstrength 20]

I brought her over from the Philippines 3 years ago. we have two children together ages 3 & 1. I seem to have miss judged her intentions of coming here. She has expressed her want for her freedom awhile ago. Seems She just wanted to get over here. My Questions are....

1) How do I withdrawl my sponsorship of her K=1 Visa. We have just filed for "removal of conditions".

2) After I withdrawl what Happens? Does she start over as self sponsor, or continue on her own where we are now?

3) What happens with the children if she is sent back? They are both American born.

4) Lastly, Any advice besides, "You should have been more carefull." I Know this. But, I don't want to lose my children to a scam artist.

1 It is not possible to remove the sponsorship, K-1 is a visa that allows the intended immigrant to come to this country and, marry the USC. the K-1 visa process is long done. When you adjusted her status, you submitted an affidavit of support on your wife's behalf (I-864)which, you cannot withdraw unless, specific conditions are met (see form I-864):

When Will These Obligations End?

Your obligations under a Form I-864 will end if the person who becomes a permanent resident based on a Form I-864 that you signed:

Becomes a U.S. citizen;

Has worked, or can be credited with, 40 quarters of coverage under the Social Security Act;

No longer has lawful permanent resident status, and has departed the United States;

Becomes subject to removal, but applies for and obtains in removal proceedings a new grant of adjustment of status, based on a new affidavit of support, if one is required; or, Dies

Note that divorce does not terminate your obligations under this Form I-864. What's more, she can sue you if you not provide sufficient support

2 She can adjust without you.(you have children with her, there was love at one time)

3 She will not be sent back, because she can adjust on her own. what happens to the children it's between you two and the family judge to decide,once you get divorced; one thing for sure, she cannot take them out of the country without your consent.

My advice: Finish the removal of conditions, by the time the removal of conditions is done (even before that) she should be able to apply for citizenship based on marriage to you, help her apply, go through with it and, once she gets her citizenship you will be off the hook with the affidavit of support and, you can divorce her, without any extra financial burden but the one that are part of a normal divorce (child support, maybe)

I believe this will be the fastest route to end your troubles

I wish you a happy life

[bayojona3231 4]

I am very sorry to hear about your situation. Like others have stated,she can remove conditions on her own. She may not have to go for an interview. I believe you now need to do everything in your power to make sure that your 2 innocents kids are cared for to the best of your ability. I am always about the effect of a break up on kids. Good luck.

[hamigirl710 112]

Please think of your children in this situation. File for divorce and petition custody as the primary parent. Usually the parent filing first has the upper hand. Also be advised that depending on the state you live in it could be considered a Mother's state as in the court will give primary custody to the mother..especially if the children are under the age of 5. I would suggest that you consult an Attorney who is knowledgeable in family law and find out your best options.

Forget about her green card and concentrate on being the best father you can be to those babies!

Edited January 2, 2013 by hamigirl710

[Xanax 349]

Sorry for your situation , but what everyone has said seems to be correct.

Think about it from an ICE point of view as well. If you really want to pursue the fraud angle. Personally, I would find it highly unlikely if I was a USCIS official to believe someone stayed with you for 3 years and had 2 children just to get a GC when she could have stayed much less time and had no children with you.

Edited January 2, 2013 by Xanax

[islandgal 74]

File for divorce and custody of the kids.....you can encourage her to file for citizenship so that you can get off the affidavit of support hook.

Edited January 2, 2013 by islandgal

[Robb&Ann 101]

I know divorce can be a painful and anger filled situation,many of us have been there. The normal first reaction is to think ‘that b***h’(or b*****d) and want some vindication.

You have 2 kids together, it’s better to put them above allthe talk of fraud. Imagine the negative effect it would have on the kids if shedid go back. For your sake, and the sake of the kids it’s better to encourageher to stay.

How would you explain when asked where’s mommy? Do you thinka kid 3 or even 13 is going to really understand?

Don’t make your scars theirs. It’s doubtful you could provefraud, but even if you could the real damage will be felt by them, not her.

[John&Juvy 36]

I feel sorry for the kids . Hoping your not going to make a decision that gonna give her a hard time... for the old time and your children sake... Good luck to you..

Edited January 2, 2013 by John&Juvy

[RICARDO4EVA2 194]

I brought her over from the Philippines 3 years ago. we have two children together ages 3 & 1. I seem to have miss judged her intentions of coming here. She has expressed her want for her freedom awhile ago. Seems She just wanted to get over here. My Questions are....

1) How do I withdrawl my sponsorship of her K=1 Visa. We have just filed for "removal of conditions".

2) After I withdrawl what Happens? Does she start over as self sponsor, or continue on her own where we are now?

3) What happens with the children if she is sent back? They are both American born.

4) Lastly, Any advice besides, "You should have been more carefull." I Know this. But, I don't want to lose my children to a scam artist.

She played you.. ? you both have two children. Maybe she just want to move on.

[bigdog 376]

Good Luck with your situation.

[Karee 4,191]

Please think of your children in this situation. File for divorce and petition custody as the primary parent. Usually the parent filing first has the upper hand. Also be advised that depending on the state you live in it could be considered a Mother's state as in the court will give primary custody to the mother..especially if the children are under the age of 5. I would suggest that you consult an Attorney who is knowledgeable in family law and find out your best options.

Forget about her green card and concentrate on being the best father you can be to those babies!

Good post! I think it's best to look at this as strictly a divorce issue, and forget about the immigration factor.

[rade2rising 205]

she sounds a horrible person thats for sure. protect your interest and try to move on. In future I advise you not to go back to phillipines unless you hire private investigator.

[olumides_wife 17]

If everything happened as you said then yes, you got played. However, you cannot go back in time and get "un-played". It's already happened, so you should divorce and move on.

Edited January 2, 2013 by olumides_wife

[mas85 0]

Sorry to hear your story. I really feel bad about this because i am also a Filipina but not all of us are like your wife. Sorry to say this but your wife must be so desperate that she was able to bear staying with you for 3 years having kids without love as what you've said. Well maybe if you still love your wife and willing to accept her past for the sake of saving your marriage, why not try working things out with her and start all over again?

[AmericanExpat 18]

One of those nightmares come true. Tough break. Don't make it worse than it already will be for the kids. She won't get deported. The US rarely even deports those illegally in the country!

Get a good divorce lawyer, and try to get 50/50 custody. I hope you don't get stuck with too much "palimony".