OH WHAT A MERRY CHRISTMAS

[caliliving 606]

Hey sorry i was just trying to make out what was repeated in the other post and if it was true, i dont think its weird your taking care of the kids. i can not understand what mother just takes off on her children and runs away and does whatever she does.. crazy! sounds like u gave her everything and her kids and a great life... and you are still taking care of her kids! that is awesome for you!

Are any of the kids going to remain with you?

caliliving,

Why is it weird, did you not see that we have a daughter and she has three daughters so why would it be weird. She earns 9 dollars and hour and could not afford a place let alone qualify for any benefits.

She lives in her own reality and that she believes what other people tell her. She knows I will provide for not only our daughter but hers. What she did not understand and probably will never understand is that she had responsibilities and decided she wanted her freedom more than thinking about her own daughters.

I love my daughter 110 percent and I love her daughters and would never let anything happen to them regardless how I feel about her.

Since we are not divorced or legally separated and I have guardianship of the two since one is 20, wouldn't it be better that I continue to make sure they receive proper medical and dental care when needed. That they are able to attend school functions, I can not help that she choice to do what she did but I can certainly make sure they are well taken cared of.

Weird, no because she still considers this her house even though my name is on the rental contract and being married still I feel obligated to the girls.

[NikLR 13,227]

Taking everything the OP has said as truth:

It sounds like it was the wife's choice not to sign the divorce papers and chase the divorce waiver. She thought she could just do what she wanted. I wonder if he could adopt her children so they could stay in the USA with someone who obviously loves them and already looks after them.

I get what this lady was trying to do, but you cannot use someone else like she did. It sounds like if she at least had kept trying in the relationship, likely they would still be together. I do not fault the OP for not wanting to be used as a meal ticket. It was cruel of her to use him and her children in this manner. Her children are the one who get the short end of this stick. It is the sad truth of it all.

[cdneh 3,112]

Well, I wonder about her children. What happens if she is deported, do they all have to go?

[Villanelle 4,122]

^^^Yes

As for adoption he said one is 20yrs old now. The other 2 he didnt give ages for.

Im going to assume it wont be possible based on the guidelines

Who is an Adopted Child Under the Immediate Relative Process?

Under this process, an adopted child is considered, for immigration purposes, to be the child (or adult son or daughter) of the adopting parent if:

• The parent adopted the child before his or her 16th birthday (or before the 18th birthday under certain circumstances as described below). You submit evidence of a full and final adoption
  AND
• The parent had legal and physical custody of the child for at least two years while the child was a minor
  • The legal custody must have been the result of a formal grant of custody from a court or other governmental entity
  • The custody and residence requirement may be met by custody and residence that preceded the adoption
  • The two years custody and residence requirements are waived for certain abused children

A child is still considered to be an adopted child if they were adopted after his or her 16th birthday but before his or her 18th birthday, and:

• The child is the birth sibling of another child who was adopted by the same parent(s) before the other child’s 16th birthday and immigrated through the Immediate Relative Process
  
  OR
• The child is the birth sibling of another child who was adopted by the same parent(s) before the other child’s 16th birthday and who immigrated as an orphan based on an adoption by the same parent(s)

[Harmonia 211]

This thread is very disturbing to me. You seem delighted at what's happened, yet you're taking care of her children. Do you not care for them at all? They seem like innocent pawns. Clearly their mother is not taking care of them. Why didn't you spend your effort to adopt them? Or get the state involved to take custody? A mother who abandons her children and sees them 45 min. a week is unfit!

Getting her deported, that's one thing. But there's children involved who you've taken care of at least for 2 years. Its hard to understand how you could make that sacrifice and then just throw them away with a crazy mother?

I say this as a woman with no children. It kind of broke my heart to read about your gleeful plan!

Don't you feel any responsibility for the kids at all? They are still legal permanent residents and entitled to Children and Family/Social Services support!! That may be best for them.

I see that you have a daughter in common with your soon to be ex wife? I hope you fight for custody of her, at the very least! But it will be traumatizing to her when her siblings get deported to live with a clearly unfit and absent mother. Those are her siblings for life. Think about how your daughter will feel when she's 18 and in touch with her siblings via Facebook or whatever the latest social network is, and they're all mad at you for abandoning and deporting the other girls.

TL/DR: If I were you, I wouldn't be posting personal details online. I'd get a good family and immigration lawyer to figure out how to move forward. See if you can terminate your wife's parental rights to your daughter in common. Her rights do NOT disappear if she is deported. And there are plenty of horror stories of international child abduction at the hands of a parent.

Edited December 26, 2015 by Harmonia

[Expat1 971]

The possibility of abduction can be easily handled by simply not signing the forms and attend the application together that is required to obtain a passport for a USC child. Both parents have to appear in person to turn in the application.

With that said, this dude isn't gloating. This dude is hurt and bitter, it's the holidays, and this is his way of dealing. There is nothing he can do for those children who are not his. He did what he could while he could and it is time to detach and move on, with his own child, and let time sort out the consequences.

The Philippines has not signed the Hague Convention on Child Abduction is clearly stated on the State Dept website. Since the Philippines chooses not to respect parental rights, there is no custodial path to take and he should not let his little one out of his sight while his ex wife and her children return home.

What a sad story. Merry Christmas indeed.

[sam357 4]

What a sad story all the way around for everyone involved. I hope the best for you and the girls, no sympathy for the wife, she needs to be deported.

[Sandra G. 5,047]

Her case is far from over, she still can divorce you and file form I-751 waiver.

If she decides to file form I-751 waiver and her I-751 waiver is denied then her case will be reviewed by an Immigration Judge, and the chances to have her GC approved with the Court is much better than with USCIS . She can fight for YEARS with the Immigration Court, BIA and Federal Court.

Do not celebrate because she still can renew her GC. I have many successful stories with the Immigration Court.

[Harmonia 211]

The OP said he didn't sign the divorce papers, right? So he thinks she is dead in the water. However, she can still get a default judgement if you just ignore it. She would win the divorce by default and get custody because you ignore it.

I really hope you act to protect your daughter in common. Sandraj is right. This case could and probably will drag out, and a woman who abandons her kids shouldn't be allowed to gain custody. You DO need to get legal and physical custody of your daughter in common, at the very least, even if you do nothing for the other minor stepkids. You need to speak to a family lawyer experienced in divorce and custody. Protect yourself! What if one of your stepkids breaks their leg now? Can you legally take them to the doctor and get her treatment? I feel you're putting yourself in a lot of liability and celebrating isn't helping anything. And I feel really bad for the kids who are pawns.

Edited December 28, 2015 by Harmonia

[Unidentified 2,930]

The OP said he didn't sign the divorce papers, right? So he thinks she is dead in the water. However, she can still get a default judgement if you just ignore it. She would win the divorce by default and get custody because you ignore it.

I really hope you act to protect your daughter in common. Sandraj is right. This case could and probably will drag out, and a woman who abandons her kids shouldn't be allowed to gain custody. You DO need to get legal and physical custody of your daughter in common, at the very least, even if you do nothing for the other minor stepkids. You need to speak to a family lawyer experienced in divorce and custody. Protect yourself! What if one of your stepkids breaks their leg now? Can you legally take them to the doctor and get her treatment? I feel you're putting yourself in a lot of liability and celebrating isn't helping anything. And I feel really bad for the kids who are pawns.

If I remember correctly (correct me if I'm wrong) she was the one who didn't sign the divorce papers...

[Mollie09 1,543]

If I remember correctly (correct me if I'm wrong) she was the one who didn't sign the divorce papers...

IIRC she thought by not signing the divorce papers that her ROC would be approved since they'd still be married.

[aaron2020 11,651]

OP has never said what he would do with the kids when mom's ROC was denied.

Did OP file for ROC for the kids? If not, then they will losing their green cards as well.

Stepparent adoption is not going to work when OP has alledged marriage fraud.

[IcezMan_IcezLady 582]

Her case is far from over, she still can divorce you and file form I-751 waiver.

If she decides to file form I-751 waiver and her I-751 waiver is denied then her case will be reviewed by an Immigration Judge, and the chances to have her GC approved with the Court is much better than with USCIS . She can fight for YEARS with the Immigration Court, BIA and Federal Court.

Do not celebrate because she still can renew her GC. I have many successful stories with the Immigration Court.

So does I-751 waiver relief her of marriage fraud if that was used as the bases for her denial?

I remember OP mentioned that he wrote to USCIS with his evidence as to why he wasn't coming to the interview. Correct me if I am wrong, OP's evidence were to prove fraud.

As of now, OP doesn't know whether his wife was denied per the fraud evidence or refusal to attend the interview.

Enlighten me...Thanks

[Unlockable 7,314]

There seems to be some confusion with some of the posters here.

To clarify:

• It was the OP (the USC husband) that filed for divorce. THE WIFE was the one that refused to sign the divorce papers.
• The OP is taking care of the children. His wife moved out and has been living with a friend for a year and a half. She sees the children about an hour a day or something like that.
• The OP admitted this was painful for him to do because he cares so much for the kids.
• The wife wanted the OP to go to the ROC interview and pretend to still be a happily married couple but he refused because 1) he knew she was using him and the marriage was a sham 2) she refused to divorce him after revealing she was using him for a GC and 3) the OP did not want to continue being used as a pawn in his wife's quest to obtain a GC.

This mess was created at the hands of the wife. Now, if she is deported the children may follow. This is a tough situation because it seems the OP do care for the children. But I feel they will be if they are deported.

I am hoping the have the best of luck with them.

[deleted this acco 44]

I don't see the joy in all this a child will be separated for miles from its mother. We only heard one side of the story.