Violent 2 Year GC holder mother & Divorce

[Ramsis 1]

Hi VisaJourney, i always used to come here and seek the good advice, sadly this time its sad news

I brought my wife over on a K1 visa and she got her 2 year GC, it expires in 2014.

we have a 2 months old baby boy

Since she came to the US she has been moody, violent, different, she called the cops 2 times because she wanted them to force me get her a plane ticket back, but because i love her i always tried to make things better. i always said to my self she must be like this because she is a new bride, new country, she is bored at home......etc. I even brought her mother over twice in 1.5 years we been marred so she can feel better. but now with the baby her she is more violent and disrespectful.

twice i had to call the police because she throws and break things around the house. tables, vases, plates, ....etc ...There is 2 police reports. last time the police brought over a lady from CPS Child protective services to talk to her and give her phone numbers for mental counseling.

Now what i want is for her to go back to her country and for the Baby to stay with me, my mom and my sister (who lives in California) offered to help me take care of the baby.

But she said she wont leave the US without the baby.

i live in Texas and the divorce can take a minimum of 60 days.

here are my questions:

1- How can i get her placed on removal proceedings?

2- How can i get to keep my son? do i contact CPS and file a claim of custody?

Thanks

[shayma 22]

I would hire a lawyer and if u want to remove her proceeding you have to call the 800 number yhey will stop it but will ask for you to send in a hand writtin letter and evidence to support it . But i would recommend since u have a kid eith her hire a lawyer. Best of luck to u and sorry that u have to go through this

[Ryan H 3,812]

Moved from Removing Conditions on Residency Discussion to Effects of Major Family Changes on Immigration Benefits forum.

[Darnell 8,478]

I'll suggest something else.

Get the woman a ticket, give the baby to the woman, along with the baby's passport

and two tickets back to home.

then wash your hands of it all.

[RFQ 110]

http://www.fathersrights.com/legal-services/child-custody/

http://www.cadivorce.com/news/fathers-and-children-determining-custody-arrangements/

Just offering some links-- very sorry to hear about your situation. The courts want the child's life to remain as normal as possible because its in the best interest of the child. They will probably not take kindly to the idea of someone fleeing the country with an American citizen child. I'm just speculating, but I know it was a big deal for the courts just when I drove 30 minutes across the state border to the next state. Keep records of everything, especially her" moments". Courts love details and facts, including specific times, dates, and descriptions. If she is in danger of harming the child you can file for an order of protection at the local court.

Since I don't know your wife, and how comfortable she is with the US systems, I will just add this--- Be aware that sometimes if the other parent knows you are going to do something, they may try to do it first. She could run to the court and make up a story how you are abusive and get a protective order and take the kids from you-- force you out of the house even.... and you would be stuck waiting for a court date to prove your innocence.

I'll suggest something else.

Get the woman a ticket, give the baby to the woman, along with the baby's passport
and two tickets back to home.

then wash your hands of it all.

Good heavens Darnell... tell me you aren't serious.

[Ramsis 1]

I'll suggest something else.

Get the woman a ticket, give the baby to the woman, along with the baby's passport

and two tickets back to home.

then wash your hands of it all.

i thought about that, but i love my son so much, and she told me when she go back she will expect money from me monthly and not just for the baby for her as well. and if i dont send enough money she will start contacting my family members!!

[Darnell 8,478]

Yes, alas, today I am serious.

IMO, he should start over, clean slate. This woman not work out - why to keep the child with him ?

[VanessaTony 3,567]

1- How can i get her placed on removal proceedings?

2- How can i get to keep my son? do i contact CPS and file a claim of custody?

1. You can't

2. You might not be able to, not entirely anyway. You need to hire and attorney, file for divorce and at the same time file for sole physical custody. I would also file an Order of Protection because she has already been shown to be violent.

I would tell your attorney about the police reports which can help with your petition for sole physical custody, and I would also ask CPS for a report (if they will).

I would also ensure she does NOT get the child's passports, and have the passports flagged just in case. Let your attorney know of her intent to leave the country and her statements she wouldn't without the child... that you fear international child abduction.

Good luck!

[Ramsis 1]

http://www.fathersrights.com/legal-services/child-custody/

http://www.cadivorce.com/news/fathers-and-children-determining-custody-arrangements/

Just offering some links-- very sorry to hear about your situation. The courts want the child's life to remain as normal as possible because its in the best interest of the child. They will probably not take kindly to the idea of someone fleeing the country with an American citizen child. I'm just speculating, but I know it was a big deal for the courts just when I drove 30 minutes across the state border to the next state. Keep records of everything, especially her" moments". Courts love details and facts, including specific times, dates, and descriptions. If she is in danger of harming the child you can file for an order of protection at the local court.

Since I don't know your wife, and how comfortable she is with the US systems, I will just add this--- Be aware that sometimes if the other parent knows you are going to do something, they may try to do it first. She could run to the court and make up a story how you are abusive and get a protective order and take the kids from you-- force you out of the house even.... and you would be stuck waiting for a court date to prove your innocence.

Good heavens Darnell... tell me you aren't serious.

Thank you so much sir for the info. ok what about her immigration status and process?

[Darnell 8,478]

i thought about that, but i love my son so much, and she told me when she go back she will expect money from me monthly and not just for the baby for her as well. and if i dont send enough money she will start contacting my family members!!

Here's the pitch .. .

Send em back, file for divorce.

Send no monies to them.

When she starts contacting your family - have them tell her - 'You made the choice, you live with it'

and be done with it.

[shayma 22]

I'll suggest something else.Get the woman a ticket, give the baby to the woman, along with the baby's passportand two tickets back to home.then wash your hands of it all.

Worst advice ever how can you ask a father to give up on his kid you should be ashamed

[Villanelle 4,122]

? Not really sure what the above poster meant about 'they will stop it?'

She is a permanent resident. There is very little that can effect her status. IF she is convicted of certain offenses her status can be revoked. That includes felony convictions and DV charges/child abuse. That does not mean 'police reports' or incident reports. It means actually being charged with a crime- going to court and being convicted. (it doesnt matter if shes found guilty or takes a plea) Once guilty if the court does not notify ICE (because sometimes local courts do not) you would have to notify ICE. She would then have to go to immigration court where a hearing would be had and her status would be in jeopardy.

Depending on the offense she was found guilty of and her lawyer at that immigration hearing her greencard could be stripped and she could be deported.

(this is not going to be a quick process- the wheels of justice move very slowly. Lets say a DV incident occurs today. Youd probably be looking at 4-5 months or more before a guilty verdict is handed down by a court If it is. Then if the verdict is appealed an additional 4-5 months to go through the appeal process. Immigration court is the same thing. 4-5 for the process- then the appeals.) Sorry.

[Ramsis 1]

i understand that, i was wondering what will happen if she does not remove the conditions on her GC?what happen when i dont go with her? or if i went and i told the IMO what she did and that we are divorced now?

[Harpa Timsah 13,258]

You can't send her back. She is a LPR and can remove conditions on her own.

If you loved her I would think you'd be investigating treatment for depression. She just had a baby 2 months ago and you want to separate the momma from the baby?

Something is off.

Edited May 12, 2013 by Harpa Timsah

[Villanelle 4,122]

Perhaps youre not understand what ROC is.

Its not a marriage check in 2 years. its not a 'how is your marriage going?' or how has it been?. Its a fraud check to make sure the marriage was not entered into solely for the purpose of obtaining benefits.

So your question was what if you dont go. (youre divorced or getting divorced). Well she goes alone and ROCs alone. She shows she entered in good faith and not to obtain benefits and its approved.

You go with her and file jointly and say- hey my wifes a b*tch. Shes an abuser, shes crazy- whatever. We are unhappy. So what? It doesnt matter much. Did you marry legitimately? Did you marry to obtain benefits? No? Approved. The purpose of ROC is to determine if the marriage is legitimate and not based on fraud. (Basically if you think you can stay married to her and then in 2014 go to the joint interview and tell the Officer shes a nut case and they will deny her ROC based on that- they will not).

There is nothing you can do to effect her status. You need to understand that. She can remove the conditions on her own if or when you divorce, or you will remove them jointly if you remain married. You guys were married legitimately. The only thing that will effect her status now is her. If she commits crimes that violate her status (felonies/abuse etc) and is found guilty her status can be revoked by an immigration court. But that is completely different then ROC.