Spouse and Updated immigration information

[livinlife000 0]

Background

I have been married for 12 years with a 12 year old son.

I am the sponsor for my wife.

Last November, I filed for divorce and I also withdrew my sponsorship prior to having

a green card issued.

My wife was abusing my son which I have a video.

I was granted a child protective order against her and at the present time I have temporary

legal and physical custody.

My wife has 12 hours a week with him which must be supervised visitation.

My wife has also lied stating that she is a US citizen and with this and the other information I

presented to our local ICE department. They mentioned unless there was a major crime there is not

much that can be done with the current immigration situation in our country.

I also heard that my wife was going to file a U-Visa or VAWA which I was able to stop.

I really think this was our attorneys idea.

Question

A few months ago, the judged ordered that I needed to pay her $1100.00 in alimony... my attorney said the judge seemed

hesitant to do this but because my wife told the judge that I stopped her immigration papers she was unable to get her green

card even though we started this process in 2004 when we married.

I mentioned to the judge that if I had not removed my name as the sponsor that I could be responsible for 10 years to the government

if she received her green card and choose not to work and received government assistance and they found out.

So basically, the judge states that because she is here illegally but is unable to work legally that I need to pay her alimony.

I spoke with a local immigration attorney that mentioned there are several different ways that my wife should be able to get a work permit.

However, we do not know my wife's immigration status at this time.

I called the Court Information System - Court Dates, etc.
800-898-7180

This is the only information that appears.

02-18-98 - Immigration Judge Granted Voluntary Departure on your case - Board of Immigration Appeals Completed

03-07-2002 - Motion to reopen jurisication was completed on
05-31-2007 - Your case was completed

We requested our files from the immigration attorney that was helping us and the only files she sent was

regarding me and the last date of the file was 2010.

I also placed a request for the file from the "freedom of information act".

This is going to take some time and even my local immigration attorney mentioned they may black out certain areas of the files.

Is there anyway that I can find out what her status is, I know that if I can show the judge that she is able to receive a work permit than

I would not need to pay her as much in alimony.

I do not have much money and I am borrowing money from my family, etc. in order to pay for her alimony and the other expenses.

I was even ordered from the judge that I need to pay her $5000.00 in attorneys fees, pay for the child custody evaluator, etc., because

she is pleading that she has no money, she cannot work due to not having her green card, etc. and unfortunately the judge does not

know about immigration, etc.

Sorry for such a long post but I am in desperate need of help.

Thank you

Brian

[Penguin_ie 5,994]

**** Moving from General Immigration to Effects of Major Changes as our experts in that forum can likely help the most ******

[aaron2020 11,651]

Hi,

Sorry about your situation.

There is absolutely no way for her to get a work permit while living here illegally.

Best of luck.

[livinlife000 0]

Here is some updated info.

Thank you.

Brian

https://www.uscis.gov/i-765

[aaron2020 11,651]

Here is some updated info.

Thank you.

Brian

https://www.uscis.gov/i-765

An EAD requires an underlying I-485 petition. Without an active AOS, she is not eligible for an EAD.

She can not work legally by being here illegally.

[Villanelle 4,122]

I have a few questions before I can give you any advice otherwise its just going to be all speculation.. And I do hope you post back. I read your last thread and you just disappeared after posting it.

So-

It seems your ex has been here illegally for a very long time. She was given vol deptature in 98. You say you were married in 2004. What happened with the motion in 2002? Were you around then? But anyway you certainly should know something about the 2007 closing of the case dont you?

When did you withdraw sponsorship? When did you apply? Why did it take you so long to apply?

In your last thread you were advised to go to the police to report the abuse. Did you or did you just use family courts?

What do you mean you stopped her U or vawa? Can you please elaborate.

[Villanelle 4,122]

also what state is this?