Got married on a K1 in March, filed for an annulment and husband took off.

[belinda63 3,038]

There will be no crime until he hits day 91 of his stay. Then he will be guilty of violating immigration laws (US Federal Law). You, being familiar with overstays, should know that it is a crime to remain in the US after your period of permitted stay has expired. I'm not sure what your rambling about your wife and protective orders has to do with this conversation.

OP you have done the correct thing. Please don't expect ICE to come pick him up anytime soon. Unless he has committed a felony or happens to have an encounter with police they really don't look for illegals. Look at Single Dad, he was here for 12 years illegally.

[N and J 88]

There is nothing more I can't stand than boarder jumpers or visa jumpers. I worked really hard to get him here. As most people do that bring their loved ones here the right way.

I don't stalk him as Singledad said. I was told to record him to prove that he is still here and around my area and still trying to make contact with my daughter.

I know ICE won't pick him up. But at the same time on the 91 day I do have the right to put a final report in if in fact he is still here...which if he was going I'm sure he would have left by now.

It is what it is. He is not smart enough to make it on his own here and not get caught. If he is expecting my neighbor to help him in the smarts and sneaky department my neighbor is as dumb as a bag of rocks. He will slip up and get caught, that's why his friends and family have to message me and fight his battle for him.

I'm going to fill out a police report when I get home from school. The court will set up a date for the restraining order unless my life becomes in immediate danger then they said they could push the hearing up right away.

[SingleDad2usc 71]

all the best! Life has plenty to offer, advance yourself

[SingleDad2usc 71]

OP, despite some members assertion that you should listen to them only, here is the real deal:

-because of K-1, your Algerian ex could never-ever legalize

-but your current behavior gives him THE ONLY path

You've disclosed enough in your own topic to show:

-he hasn't done anything to warrant Law Enforcement involvement, but you will falsely claim violence

-you keep swearing that you will work daily on hurting him

-you started topic out of concern for your mom's finances; but you now say you act out of spite for your immigration efforts wasted

Be ready for the following:

-he can get a restraining order against you - just at the same time you're getting one against him

-the chief reason VAWA exists is precisely to protect the foreign spouse (or ex-) from a disgruntled USC spouse, who "can't stand border jumpers or visa jumpers. I worked really hard to get him here."

so again, I do think, on balance, it may be wise to get a temporary protective order once - just to put him on official notice that any connection with your household is over. But beyond that: do no war on him, or be ready for mutual destruction

[Caryh 5,206]

OP, despite some members assertion that you should listen to them only, here is the real deal:

-because of K-1, your Algerian ex could never-ever legalize

-but your current behavior gives him THE ONLY path

You've disclosed enough in your own topic to show:

-he hasn't done anything to warrant Law Enforcement involvement, but you will falsely claim violence

-you keep swearing that you will work daily on hurting him

-you started topic out of concern for your mom's finances; but you now say you act out of spite for your immigration efforts wasted

Be ready for the following:

-he can get a restraining order against you - just at the same time you're getting one against him

-the chief reason VAWA exists is precisely to protect the foreign spouse (or ex-) from a disgruntled USC spouse, who "can't stand border jumpers or visa jumpers. I worked really hard to get him here."

so again, I do think, on balance, it may be wise to get a temporary protective order once - just to put him on official notice that any connection with your household is over. But beyond that: do no war on him, or be ready for mutual destruction

Exposing oneself to a child can be considered a crime in this country.

[SingleDad2usc 71]

The reasonable view would be that the husband was changing at his own house, which is a daily if not twice daily occurrence at every of one hundred million US houses. However, claiming this incident does give OP a chance to receive a temp order, with no bad blood. I implore OP to stop at that

[belinda63 3,038]

Why, because you support illegal aliens? The man has no legal right to be in the US once he reaches day 91. He cannot legally work nor, as you are well aware, obtain a drivers license. He will be nothing but a burden to the US taxpayers. How will he support himself? Where will he live long-term? What if he does have interests in children in the wrong way? If it were your daughter he was getting naked in front of would you be ok with it?

He needs to leave the US for his own good rather than thinking he can make a good life here as an illegal. He needs to stay away from his soon to be not wife and her child. His family needs to stop calling her. She is simply asking for him to leave her alone so she can continue with her life but that is hard to do since he lives in the next unit and is trying to maintain a relationship with her daughter.

[novedsac 355]

You don't need to respond to SingleDad, OP. The police will decide if you qualify for a restraining order, not him.

No, this would be the exclusive purview of a Judge with proper jurisdiction.

For the RO to be permanent, the OP will need to provide evidence to the Judge and the alleged assailant/harrasser will have the opportunity to argue against the need for a perment order of protection.

Police will only encforce a restraining order.

[novedsac 355]

The reasonable view would be that the husband was changing at his own house, which is a daily if not twice daily occurrence at every of one hundred million US houses. However, claiming this incident does give OP a chance to receive a temp order, with no bad blood. I implore OP to stop at that

Sure, the vast majority of us live with family members, change our clothes, bathe, etc. And yes, when you are living day to day in close proximity to

others, there are those odd times that our children see and hear more than they should.

However, routinely changing and dropping the full monty in front of a child is not normal, no way, no how, whether it's mom or dad.

Now, I don't know what the extent of this dude's 'changing' in front of the daughter entailed, but if it involved non-accidental exposure of genitalia, then that is unquestionably inappapropriate.

If the OP believes that there is a risk to her daughter, then I implore her to make the effort to get the temporary restraining order and go through with the court hearing to make it permanent. But the focus is on protection of the her and her daughter, not on the immigration status of the perpetrator.

[novedsac 355]

in your never-ending desire to hurt another human being only because he wasn't born into a privilege, you may give him his only chance to obtain such privilege. Never attack anyone, it's likely to boomerang

I fear for the safety of your children should they ever need your protection.

[novedsac 355]

I've already taken care of my children for almost 4000 nights since they were born in the US - something that their mom (with legal US status) didn't want to do for one night. I now have legal status, despite Belinda's advice to uproot us all - so that we'd only share the continent but not the legal borders with her LOL. Really people, stop wars - do science, art, love, whatever you do. Stop hurting others. That's not what life is for

Yes, but you also indicated you would never hurt anyone. I don't like violence either and avoid it as much as possible, but if my kid was being threatened, I don't really care whether someone else got hurt in the process of protecting my child; and if there were a direct imminent threat of death or injury, I wouldn't hestitate to remove the threat by any means necessary.

Obtaining a protective order to protect her child IS preventing someone from being hurt. Not doing so puts her daughter at risk and makes her negligent.

Now, if she's full of BS and persuing the protective order as some sort of revenge on the husband, then that's a different story.

[Caryh 5,206]

good to hear you buddy, how have you been!

but really: I'm on-topic here. All nay-sayers' advice might bring that man into his only chance for legalization. And OP may suffer the consequences of false accusations

The guy doesn't qualify for legalization. K-1, married but annulled marriage in a month. There's nothing to legalize, as the guy wasn't even smart enough to behave long enough to get his green card. Besides doing the full monty for a 5 year old girl who he is showing entirely too much interest in, including contacting when he's already out of the home and been informed of the impending annulment.

Getting a restraining order to prevent this pervs repeated attempts to be in contact with the daughter is appropriate. Reporting the lack of marriage status to USCIS and the staying past the I-94 expiration is appropriate.

You having this thing about every down and out piece of ####### looser should be welcomed into the USA with open arms isn't so appropriate to the citizens of the USA, and many immigrants who worked hard to be here for the right reasons.

[SingleDad2usc 71]

Caryh, are you sure OP's behavior won't give him a chance for VAWA?

[Caryh 5,206]

Caryh, are you sure OP's behavior won't give him a chance for VAWA?

Did she beat him? Emotionally abuse him? Make him fear for his life? He's the one stalking her daughter, after being repeatedly told not to underdress in front of her! Damn right his actions can be filmed when he keeps hanging around looking for chances to engage the daughter. Heck the daughter can't even play in her own yard now because its not safe.

The USC has every right to get a protection order, that does not make a VAWA case. The USC has a responsibility to report a beneficiary they brought on a K-1 is not married, not living with, and staying beyond the I-94. That is does also not make a VAWA case. And if this guy keeps lurking around and looking for ways to interact with her daugher, filming those actions are not grounds for VAWA.

[jsjs 10]

I'm curious about something. The OP stated that she was in the process of obtaining an annulment. An annulment make's it so that the marriage never existed in the first place, correct? So if that gets approved, which is the OP is confident about, then does not make her ex-spouse ineligible for VAWA? From my understanding in this situation, he would only be able to as a spouse or ex spouse, but the annulment would make it so that he was never a spouse nor an ex-spouse in the first place, thus he would not be able to use this route. So does that not make the whole VAWA discussion on this pointless? A quick google search got me this, however I do not know how reliable it is, but I believe it states the same in the first paragraph: http://sji.gov/PDF/Battered_Spouse.pdf