International Child Custody situation.....and potential deportation of Mom

[SeattlMike]

I posted this in the Immigration forum, and but since it is essentially a custody issue; I'd appreciate anyone's thoughts on this matter. Of course, I do have an attorney, but I want other opinions too.

I married a foreign citizen, sponsored her, etc. She got her 2-year conditional permanent residency; which married couples then have to apply to have the condition of marriage removed from before the 2nd anniversary. After less than a year I discovered that she married me for reasons of (documentable) fraud; she recognized that I was uncovering the truth and fled and began making nasty (unfounded and unprovable) allegations-all with an eye to the federal immigration codes (8CFR216) allowing her to stay in the event of divorce. She has a lot of access to attorneys; most for free.

In the nasty bitter divorce, she is making all sorts of (provably) false allegations. She is going after me for reasons outlined in 8CFR216, saying that I mentally abused her, when it's more true that she went after me. She initially tried going after the physical abuse angle, but forgot that she'd told the child advocate and police and others that she hadn't been abused; she never was hit, beaten, abused, or hurt. She's lied repeatedly in court, and tried to have me arrested for ridiculous things that police have shaken their heads at.

I've spoken to USCIS; and been apprised of what she has to do to keep her green card. They are aware that I say it is fraud, and have asked me to write everything up into a nice long documented piece for them. This will be used in her hearing when she files for removal of conditions without me sometime next year; if I write it up.

I'm not sure I want her deported; and only for one reason. We have a wonderful little baby out of the brief marriage, and I very much want to be a major part of the baby's life. I know that the Immigration judges don't make custody decisions, as that's family law, and they defer to that court's current standing decision. First, she's nursing the baby still, (or claims to be) which means my odds of becoming the custodial parent are slim in the next year. This means the baby will be sent with Mom, unless I go to family court as an emergency when INS decides to deport her.

Therein lies the problem; I understand that I will NOT be notified of the Immigration Hearing, nor will I be notified of the results thereof. I am told by the Immigration people that typically, if they find someone (who is non-violent and non-dangerous) should be deported, that they give them the option of Voluntary Departure within a certain timeframe; forcibly deporting if they don't voluntarily leave (assuming that they actually can find them). This means that she could likely slip out of the country with my kid in violation of Divorce Decree Orders; since she knows I will fight to have custodial powers transferred to me-and in this state, I do have a good chance of getting them granted in this case.

Assuming that my info is accurate, just for argument's sake, what penalties do I face if I DO NOT report this fraud? Do I have legal issues if I don't report or don't disclose all the info that proves a great case of Immigration Fraud? I just can't lie though; morally and ethically it goes against all that I am and all I want my kid to become.

Family court will not happen until after the immigration thing becomes an emergency......which I may not even find out about until after she has left the country. I likely will find out when she fails to show up at a child exchange. Isn't this wonderful, I may be forced to lie to protect someone who is actively attempting to destroy my life, all so I am "allowed" the right to have a relationship with my own child.....

Again, any and all suggestions and comments are welcomed!

ps----for those out there who say "get an attorney"-I have one, just don't have one with this background......it's pretty rare circumstances from what the immigration attornies I've run across are telling me.....

 

[KKHeuser]

I posted this in the Immigration forum, and but since it is essentially a custody issue; I'd appreciate anyone's thoughts on this matter. Of course, I do have an attorney, but I want other opinions too.

I married a foreign citizen, sponsored her, etc. She got her 2-year conditional permanent residency; which married couples then have to apply to have the condition of marriage removed from before the 2nd anniversary. After less than a year I discovered that she married me for reasons of (documentable) fraud; she recognized that I was uncovering the truth and fled and began making nasty (unfounded and unprovable) allegations-all with an eye to the federal immigration codes (8CFR216) allowing her to stay in the event of divorce. She has a lot of access to attorneys; most for free.

In the nasty bitter divorce, she is making all sorts of (provably) false allegations. She is going after me for reasons outlined in 8CFR216, saying that I mentally abused her, when it's more true that she went after me. She initially tried going after the physical abuse angle, but forgot that she'd told the child advocate and police and others that she hadn't been abused; she never was hit, beaten, abused, or hurt. She's lied repeatedly in court, and tried to have me arrested for ridiculous things that police have shaken their heads at.

I've spoken to USCIS; and been apprised of what she has to do to keep her green card. They are aware that I say it is fraud, and have asked me to write everything up into a nice long documented piece for them. This will be used in her hearing when she files for removal of conditions without me sometime next year; if I write it up.

I'm not sure I want her deported; and only for one reason. We have a wonderful little baby out of the brief marriage, and I very much want to be a major part of the baby's life. I know that the Immigration judges don't make custody decisions, as that's family law, and they defer to that court's current standing decision. First, she's nursing the baby still, (or claims to be) which means my odds of becoming the custodial parent are slim in the next year. This means the baby will be sent with Mom, unless I go to family court as an emergency when INS decides to deport her.

Therein lies the problem; I understand that I will NOT be notified of the Immigration Hearing, nor will I be notified of the results thereof. I am told by the Immigration people that typically, if they find someone (who is non-violent and non-dangerous) should be deported, that they give them the option of Voluntary Departure within a certain timeframe; forcibly deporting if they don't voluntarily leave (assuming that they actually can find them). This means that she could likely slip out of the country with my kid in violation of Divorce Decree Orders; since she knows I will fight to have custodial powers transferred to me-and in this state, I do have a good chance of getting them granted in this case.

Assuming that my info is accurate, just for argument's sake, what penalties do I face if I DO NOT report this fraud? Do I have legal issues if I don't report or don't disclose all the info that proves a great case of Immigration Fraud? I just can't lie though; morally and ethically it goes against all that I am and all I want my kid to become.

Family court will not happen until after the immigration thing becomes an emergency......which I may not even find out about until after she has left the country. I likely will find out when she fails to show up at a child exchange. Isn't this wonderful, I may be forced to lie to protect someone who is actively attempting to destroy my life, all so I am "allowed" the right to have a relationship with my own child.....

Again, any and all suggestions and comments are welcomed!

ps----for those out there who say "get an attorney"-I have one, just don't have one with this background......it's pretty rare circumstances from what the immigration attornies I've run across are telling me.....

Whether or not the mother is still nursing is not grounds for custody determination not when there are formulas out there that mimick mother's milk and bottles that mimick it's source. Don't quote me on this but, I believe a child born in the United States even under your circumstances is considered and American Citizen and therefore can not be deported. Lying to the federal government or any part of our government to protect someone is considered hindering and you could face jail time. Why make matter's worse for yourself? File for custody immediately, file your report or whatever about her fraud and while you're at it file for a restraining order to keep her from removing your child from your state. NOt that this is absolute protection but, she may fear ignoring it will hurt her chances obtaining citizenship or whatever it is she's trying to obtain.

 

[LdiJ]

You know, you really should have thought of all of this before you even TALKED to the immigration people. You have set something in motion that may end up biting you in the rear.

You should WANT her to remain in the US for the sake of your child. Whether you end up with primary custody or she ends up with primary custody. Your child needs BOTH of you.

Normally the parent remaining in the US is far more likely to get custody than the parent who is leaving the US. However, there have also been cases where the parent leaving is the one who gets primary custody. Particularly in cases where the other parent was instrumental in forcing them to leave and in cases where they won't be able to come back to visit their child.....which is exactly what will happen if she gets deported.

Don't use the "I don't want to tell a lie" excuse to us here. You are angry with her and you want her out of your life and out of your child's life. That is totally understandable but you need to step back and think about what is right for your child. The absolutely WORST thing for your child would be to have two parents living in two different countries. Therefore act accordingly.

 

[LdiJ]

Whether or not the mother is still nursing is not grounds for custody determination not when there are formulas out there that mimick mother's milk and bottles that mimick it's source. Don't quote me on this but, I believe a child born in the United States even under your circumstances is considered and American Citizen and therefore can not be deported. Lying to the federal government or any part of our government to protect someone is considered hindering and you could face jail time. Why make matter's worse for yourself? File for custody immediately, file your report or whatever about her fraud and while you're at it file for a restraining order to keep her from removing your child from your state. NOt that this is absolute protection but, she may fear ignoring it will hurt her chances obtaining citizenship or whatever it is she's trying to obtain.

There is so much inaccuracy in this post that I am not going to take the time to point it all out. I will simply say that I don't recommend taking this advice.

 

[rmet4nzkx]

Mike,
You were told in July that you need an attorney for this and given links to the State department as well and now you haven't even filed to get custody yet? You need an attorney that specializes in custody issues and familiar with international moveaways.

 

[SeattlMike]

Does anyone have experience in this issue?

Thanks for the advice! Actually KKHeuser's advice is pretty accurate with what INS is saying. You can't deport an American, but they can be sent out of the country to live with a parent, which is what happens if family court says Mom should be custodian. The infant is still an American, and nothing changes that; but an American Child can live anywhere as a US citizen.

The fact is that MOM committed the fraud here. Her actions got her in this predicament. I will be asked by INS, and here’s why: When she filed for divorce, she automatically set things in motion regarding her immigration status---because as a conditional permanent resident (condition being marriage) she has to file to have the condition removed 90 days prior to the second anniversary, or go in and prove that she is divorced and the reason for divorce fits one of the categories in the US Code/Code of Federal Regs. If she doesn’t have the sponsor (me) filing with her, then she has to show why, and INS investigates. I am not going out of my way to get her deported by telling the truth when asked by INS.

Sure, having both parents around is ideal-we all know that, but the point is that INS WILL do an investigation, it was triggered by her filing for divorce. Typically speaking, their investigation is directed by testimony in the court docs and by who the parties indicate should be interviewed, and most importantly, INS interviews us. The truth, or some facsimile of it, will come out.

I need to ensure that my child has the best outcome, since if INS does its job, they will see gaping holes in her story and in her court testimony. I am trying my best to understand what INS does and how they do it so that I can do what is best for my child; which is staying in the USA.

I do appreciate those who reply, even if I don't agree with your comments-they make me consider a differing viewpoint; always helpful. As I said in the first posting, I don’t see any reason to lie for her, and don’t intend to, I was curious if there are any penalties. The reason I am curious is that her attorney will paint this as me going out of my way to get her deported. I’m not doing that, and I don’t want her deported, simply for the sake of my child. However, I have to prepare for it, since not only is it a possibility, it is a probability that she will be deported and I have to consider ALL angles for the best of my child. I also want to be able to point to laws showing that I wouldn’t risk penalty of lying-because I won't lie.