Legal Advice Needed

[edjohnson 0]

US Citizen Married Foreign Spouse Abroad

Foreign Spouse came on Spousal Visa

Additional Info(K-3)

Foreign Spouse worked through entire immigration process to get two year green card.

Additional Info(Spouse was never employed, USC guided Spouse through process of obtaining 2yr GC, EAD, SSN, ect)

US Citizen and Foreign Spouse have Child in USA

Additional Info (Child is USC)

Now Marriage is in death throes

Additional Info (Still together, No papers filed, Fighting horribly, Nothing I do makes Spouse happy, Everything Spouse does maximizes my misery)

Coming up on deadline to adjust status, assuming Foreign Spouse will file adjustment, should US Citizen cooperate?

Additional Info (Deadline in this month, Have seen papers realize my signature required, Do not necessarily want parent of child deported, Do not know if INS involved in divorce a good situation)

Need to find legal advice, maybe representation in Indiana, Ohio, Kentucky Tristate Region

Additonal Info (Yes a lawyer to make educated decisions)

Foreign Spouse threatens to take child to country of origin.

Additional Info (Child has US PP, Child has been to Spouse's Country Of Origin when marriage was happier, Spouse got affadavit stating dual citizenship while in Country Of Origin none of paperwork has my signatures, but no foreign PP issued there or from USA Consulate to Country Of Origin, I am in possession of US PP, Affadavit, and all paperwork to get Affadavit)

[lillakatoussa 12]

"IMPORTANT: The United States government does not have exit controls at the border. The U.S. government does not check the names or the documents of travelers leaving the United States. If your child has a valid passport from any country, he or she may be able to travel outside the United States without your consent."

THIS!

[Karee 4,191]

Foreign Spouse worked through entire immigration process to get two year green card.

Additional Info(Spouse was never employed, USC guided Spouse through process of obtaining 2yr GC, EAD, SSN, ect)

Coming up on deadline to adjust status, assuming Foreign Spouse will file adjustment, should US Citizen cooperate?

Additional Info (Deadline in this month, Have seen papers realize my signature required, Do not necessarily want parent of child deported, Do not know if INS involved in divorce a good situation)

If the spouse has a 2yr green card, there is no adjustment of status. I think you are referring to removing conditions on the 2yr green card to get a 10yr green card.

[Boiler 46,102]

Op mentioned child has US passport.

[Villanelle 4,122]

US Citizen Married Foreign Spouse Abroad

Foreign Spouse came on Spousal Visa

Additional Info(K-3)

Foreign Spouse worked through entire immigration process to get two year green card.

Additional Info(Spouse was never employed, USC guided Spouse through process of obtaining 2yr GC, EAD, SSN, ect)

US Citizen and Foreign Spouse have Child in USA

Additional Info (Child is USC)

Now Marriage is in death throes

Additional Info (Still together, No papers filed, Fighting horribly, Nothing I do makes Spouse happy, Everything Spouse does maximizes my misery)

Coming up on deadline to adjust status, assuming Foreign Spouse will file adjustment, should US Citizen cooperate?

Additional Info (Deadline in this month, Have seen papers realize my signature required, Do not necessarily want parent of child deported, Do not know if INS involved in divorce a good situation)

Need to find legal advice, maybe representation in Indiana, Ohio, Kentucky Tristate Region

Additonal Info (Yes a lawyer to make educated decisions)

Foreign Spouse threatens to take child to country of origin.

Additional Info (Child has US PP, Child has been to Spouse's Country Of Origin when marriage was happier, Spouse got affadavit stating dual citizenship while in Country Of Origin none of paperwork has my signatures, but no foreign PP issued there or from USA Consulate to Country Of Origin, I am in possession of US PP, Affadavit, and all paperwork to get Affadavit)

Ok. You are somewhat confused about what part of the visa/immigration process you are at or what matters. The visa your spouse came over on DOES NOT MATTER ANYMORE, nor does the fact that you helped her through the process.

Your spouse is a greencard holder. Her card has conditions. When her conditional period is up, if you are still married, you file jointly to remove them. If you are not (or you are separated) she files solely to remove them.

The only way spouse will be deported is if spouse fails to remove conditions. This RARELY happens. Your marriage was legitimate. Spouse will have no problem in demonstrating marriage was legitimate and successfully removing conditions and having her existing greencard renewed. This is going to happen whether you sign the form or dont sign the form.

Your problems are the following: Divorce and custody, and the 864 aff of support. Because as explained above you can not alter or effect her status in the US.

First you need to decide if you are going to jointly file to remove the conditions on your spouses GC or not. If you do, sign the form, you may be required to attend a joint interview where you will have to answer questions about your relationship under oath. So, you sign the form, its pretty much a ####### shoot if youre going to get an interview. I wont even begin to calculate your odds because I dont know what evidence youll submit. Processing for that form is taking hmmm 6-8 months (someone correct me if Im off) So you guys sign it jointly now and send it in. Youll either get an interview notice in a few months- and then the interview a month or so later, or no interview and the renewal card in 6-8 months. Congrats your dealings with the USCIS is over for the next 10 years. Will your marriage last that long?(6-8 months) If not- dont bother to sign the joint petition because you must remain together until the card is issued or its a moot point to file that way.

If you dont want to sign the joint petition to remove conditions, your spouse will have to file on her own and divorce papers will have to be filed soon afterwards. She will need them to get her GC, so expect her to serve you quickly after she files her immigration paperwork.

Part of the divorce is going to include who gets custody of the child. Is very good that you are in possession of the childs passport. You should still utilize the links above to put a block on her trying to obtain a duplicate passport for the child, and contact the foreign embassy about not allowing the child to be issued a foreign passport. Once divorce papers are filed and custody becomes a question everything gets frozen. Neither parent is allowed to go anywhere with the child with out permission from the court or its considered kidnapping.

Divorces can be quick and easy or they can be long and messy. The same thing applies to custody battles. You can come to an arrangement easily between yourselves or you can fight it out in court.

The 864 (if you signed it) is going to be in effect until the conditions are met. (she becomes a citizen or gets 40 qtrs of credit with the SSA. Some people try to bring it up in the divorce, or sue after the marriage breaks down.

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I dont know your exact situation. Your post was very vague- just saying you need legal advice with out asking what kind- and again- this isnt a legal aid site. People here can tell you immigration policy and the implications in your life.

The only thing that stuck out was the bit about your spouse 'threatening to take child to foreign country'. If it was a serious statement, then you must take it seriously. When you file for divorce you must tell the court. Do as above and block the passports the best you can and alert the court of the threat.

You should find yourself a good divorce lawyer if youre going down the divorce road- which you will be if you do not file the joint petition. Explain to them you fear your spouse may try to take your child from the US and your child has dual citizenship with another country, and as far as you know does not have a passport in the other country (yet). They can help you with blocking the passports if you are having trouble and contacting the embassy. They can also make sure court orders are put in place to restrict your spouse from leaving the US with the child. (Some cases are DIY divorces- this is probably not something youre going to want to do-it-yourself though)

As for the immigration stuff- you dont need a immigration lawyer. Its not your immigration matter and again, theres nothing you can do to effect her GC. The USCIS or INS as you call them- has nothing to do with your divorce.