Status revoked but stayed 5 years now

[Shala79 0]

13 hours ago, Beachlover said:

But isn't your lawyer the one who can give you solid advice? 

I know what you mean, it's frustrating and almost feels like he is on my Ex's side. I understand the system wants me and him to work together, but he is not doing that. He gets whatever he wants and I get nothing but custody every time we go to court. He doesn't even have to pay child support.

[Shala79 0]

13 hours ago, sparkles_ said:

You need a good family lawyer, not VJ advice about this guy making your life hell because it doesn't sound immigration related to me.....him being an ### has zero to do with his status. Never married legally (double proxy), guessing no custody order in place? The there is your answer, legally nothing is in place and he sees the child when you allow and is in contact with you two when you allow. Morally is it right, probably not, but I dont know the whole story either. I would get to filing for sole custody ASAP. Let the family courts put him in his place, and trust the Master hearing an immigration court will sort out his status stuff in time.

Yes, we went to court. I got sole custody, he got visits. Recently we had to have the visitation order modified, in doing so, supervised visits were removed which puts my daughter in danger. The court doesn't understand that he doesn't know or care to learn how to "Dad". He lets her run off in public, Go into restrooms alone, doesn't feed her or knows what she even eats. She had autism, she gets overwhelmed and he wants to take her to places that she really can't be at. 

 

All I am wanting is answers on his immigration status. I want to know he is leaving and won't be able to stay. He has ruined my life, broken the law many times but it's just overlooked. I'm exhausted fighting him when it comes to my little girl. I am her voice, no one knows her as well as I do. His threats mean nothing in court to the judge. He's very sneaky how he threatens me so he isn't caught on paper or video. I can't take much more.

 

Is there anyone that knows for sure he isn't going to get to stay? Because if he is given a green card, I think I will just die.

[Boiler 45,576]

29 minutes ago, Shala79 said:

Yes, we went to court. I got sole custody, he got visits. Recently we had to have the visitation order modified, in doing so, supervised visits were removed which puts my daughter in danger. The court doesn't understand that he doesn't know or care to learn how to "Dad". He lets her run off in public, Go into restrooms alone, doesn't feed her or knows what she even eats. She had autism, she gets overwhelmed and he wants to take her to places that she really can't be at. 

 

All I am wanting is answers on his immigration status. I want to know he is leaving and won't be able to stay. He has ruined my life, broken the law many times but it's just overlooked. I'm exhausted fighting him when it comes to my little girl. I am her voice, no one knows her as well as I do. His threats mean nothing in court to the judge. He's very sneaky how he threatens me so he isn't caught on paper or video. I can't take much more.

 

Is there anyone that knows for sure he isn't going to get to stay? Because if he is given a green card, I think I will just die.

This has been mentioned several times now, there are two separate and very different issues.

 

There is the Family Court aspect and your joint issues fall in there.

 

Then there is his Immigration status which is his problem and nothing to do with you,  let us say he is eventually ordered removed, does not mean he is going to go and  he will not be high up the list to be tracked down. 

[NikLR 13,227]

I don't understand how you are ever in a position to be alone with him to hear threats.  Don't answer the phone unless it can be on speaker with friends or family you trust to listen.  Don't meet him without people you trust with you.  Don't answer his texts.  Don't answer emails. Don't be friends with him on facebook.  Have the minimum amount of contact with him and always have a lawyer, or family or friends with you to overhear what he is saying and doing.  Yes having a professional supervise his visits vs you are expensive BUT for your situtation it is BETTER that a 3rd party watches him not caring for your child.  It's hard for you to do but this is testimony you need in court to remove his visitation if he is not taking care of her.  

As for his immigration, you can provide testimony that either he never deserved the original visa due to a non-consummated marriage (but I'm going to guess you went through a lot of trouble trying to prove he deserved that visa in the first place...) but otherwise there is nothing you can do.  The only thing you can deal with is your family court issues.  

[Villanelle 4,122]

4 hours ago, Shala79 said:

Yes, we went to court. I got sole custody, he got visits. Recently we had to have the visitation order modified, in doing so, supervised visits were removed which puts my daughter in danger. The court doesn't understand that he doesn't know or care to learn how to "Dad". He lets her run off in public, Go into restrooms alone, doesn't feed her or knows what she even eats. She had autism, she gets overwhelmed and he wants to take her to places that she really can't be at. 

 

All I am wanting is answers on his immigration status. I want to know he is leaving and won't be able to stay. He has ruined my life, broken the law many times but it's just overlooked. I'm exhausted fighting him when it comes to my little girl. I am her voice, no one knows her as well as I do. His threats mean nothing in court to the judge. He's very sneaky how he threatens me so he isn't caught on paper or video. I can't take much more.

 

Is there anyone that knows for sure he isn't going to get to stay? Because if he is given a green card, I think I will just die.

 A lot of your story doesnt make sense to be honest. 

 

As for his immigration issues- you never really clearly stated what they are. The best I can gather is you did a CR spouse visa. At some point you withdrew the 864 but he was still able to come to the US and obtain his GC. Did they see it was generated by error and revoke it? Why exactly is he in immigration court? What has he filed for?

 

 

[N-o-l-a 7,167]

5 hours ago, Shala79 said:

The court doesn't understand that he doesn't know or care to learn how to "Dad". He lets her run off in public, Go into restrooms alone, doesn't feed her or knows what she even eats. She had autism, she gets overwhelmed and he wants to take her to places that she really can't be at. 

 

So, he acts like a lot of dads.  You know on the other hand, taking her into the bathroom with him might be considered inappropriate depending on the context.  Some cultures don't really have a concept of autism, so he might just be trying to make her more independent, which again is typical dad behavior.

 

 

[-Trinity- 513]

2 hours ago, Damara said:

 A lot of your story doesnt make sense to be honest. 

 

As for his immigration issues- you never really clearly stated what they are. The best I can gather is you did a CR spouse visa. At some point you withdrew the 864 but he was still able to come to the US and obtain his GC. Did they see it was generated by error and revoke it? Why exactly is he in immigration court? What has he filed for?

 

 

That was exactly my thought. None of the immigration stuff makes sense.

[Shala79 0]

6 minutes ago, Beachlover said:

That was exactly my thought. None of the immigration stuff makes sense.

I hired an Immigration attorney. Filed an I130 and brought him here as my spouse. He stayed with me for 5 weeks, then left. His green card was received before I withdrew my sponsorship application so he had the physical card on him after his status was revoked. It was only a 2 year card. After that he had nothing. Just stayed. Not sure what began the process of him going to Immigration court. Everything I read online tells me he is in deportation proceedings. He has a temporary visa somehow. Not sure how he got it. Last court hearing is in June.

 

I can't explain everything in our relationship for the last 7 years, it would take too long, but I can't keep him from his daughter, I will lose custody. I can't ignore his calls, I can't ignore his texts and I can't bring someone else along during visitation. I'm stuck! All visits are public, I don't allow him over my home anymore.

[Villanelle 4,122]

Who told you his status was revoked? If he got the greencard BEFORE you submitted a revocation then his status was never revoked and he is currently doing Removal of conditions and is in court because of that. 

[-Trinity- 513]

1 hour ago, Shala79 said:

I hired an Immigration attorney. Filed an I130 and brought him here as my spouse. He stayed with me for 5 weeks, then left. His green card was received before I withdrew my sponsorship application so he had the physical card on him after his status was revoked. It was only a 2 year card. After that he had nothing. Just stayed. Not sure what began the process of him going to Immigration court. Everything I read online tells me he is in deportation proceedings. He has a temporary visa somehow. Not sure how he got it. Last court hearing is in June.

 

I can't explain everything in our relationship for the last 7 years, it would take too long, but I can't keep him from his daughter, I will lose custody. I can't ignore his calls, I can't ignore his texts and I can't bring someone else along during visitation. I'm stuck! All visits are public, I don't allow him over my home anymore.

I'm sorry you are under so much emotional stress, but personally I would let the immigration part for what it is and let authorities deal with it.

 

Good luck finding a solution for the other part.I hope you find a solution that's beneficial for your child.

[Villanelle 4,122]

And again, theres nothing stopping you from getting a restraining order. All youve talked about is how "people" said this and that. You never went down and applied for one because of that, and thats a mistake. You should be able to obtain one and it would solve many of your problems. Also you would benefit from some therapy. Its covered by all insurances. If you are disabled then medicare covers it.

[Shala79 0]

14 minutes ago, Beachlover said:

I'm sorry you are under so much emotional stress, but personally I would let the immigration part for what it is and let authorities deal with it.

 

Good luck finding a solution for the other part.I hope you find a solution that's beneficial for your child.

Thank you

16 minutes ago, Damara said:

Who told you his status was revoked? If he got the greencard BEFORE you submitted a revocation then his status was never revoked and he is currently doing Removal of conditions and is in court because of that. 

I posted his revocation letter here somewhere in the conversation. They revoked him back to his application date.

[mindthegap 2,590]

17 minutes ago, Shala79 said:

 

I posted his revocation letter here somewhere in the conversation. They revoked him back to his application date.

Could you post it again with any identifying information redacted (which is why a moderator removed it from page 1) ?

[Villanelle 4,122]

Yes please post the notice with personal info blacked out.  You can use the paint tool on the computer or phone to black out stuff.

 

With out it no one can give you immigration answers.

 

Also please clarify the timeline. Need info on the date he entered the US, the date you sent your letter, the date of the revocation letter, dates of his GC validity, date of divorce. Do you know what he filed in immigration court or just the dates of it. Any info you gave the attny would be wanted.

 

 

 

[NikLR 13,227]

7 hours ago, Shala79 said:

I hired an Immigration attorney. Filed an I130 and brought him here as my spouse. He stayed with me for 5 weeks, then left. His green card was received before I withdrew my sponsorship application so he had the physical card on him after his status was revoked. It was only a 2 year card. After that he had nothing. Just stayed. Not sure what began the process of him going to Immigration court. Everything I read online tells me he is in deportation proceedings. He has a temporary visa somehow. Not sure how he got it. Last court hearing is in June.

 

I can't explain everything in our relationship for the last 7 years, it would take too long, but I can't keep him from his daughter, I will lose custody. I can't ignore his calls, I can't ignore his texts and I can't bring someone else along during visitation. I'm stuck! All visits are public, I don't allow him over my home anymore.

If you file the I-130 then he came on a CR1 and you CANNOT withdraw your sponsorship.  His visa turned into a green card upon arrival. 

 

Why can't you do those things? There's likely nothing in custody orders that says you HAVE to answer any of his texts or phone calls.  Or at very least can't have a friend or even a STRANGER listen to the conversation.  You already said you could have someone else supervise the visits but you don't want to pay the money.  It's expensive, but children are worth it.   Are you part of any autism help groups?  Do you have no friends or family near you? I do understand if that's the case because yes, it makes it more difficult.  BUT you can also tell him, I'm recording this conversation, and if he doesn't consent to that, hang up.

 No you can't keep him from his daughter, he has court ordered supervised visits, but I'm glad you keep the visits to places there aren't at your home.  

 

Best of luck to you and your child.  I hope eventually you can on with your lives in a happy manner.