9yr old Son's Visa Expired/Deportation letter

[jhimz78]

I came 2005 as K-1 visa had my status adjusted & now a legal immigrant and in the process of divorce.
2007 my ex-husband petitioned my son to come.
2008 Applied for Citizenship with the assumption that my son will automatically be a citizen. however i got denied because i got separated even after i filed a domestic violence case & a temporary restraining order against my ex-husband.

***Denial of Citizenship didn't change the status of my son causing my son's visa to expire and because my ex-husband didnt do anything to resolve his visa issues my son received a deportation letter. **** *

QUESTIONS:

1. IS MY EX-HUSBAND STILL RESPONSIBLE TO TRY RESOLVE OR FIX MY SON'S VISA, EVEN WITH THE SEPARATION & AFTER I DROPPED MY RESTRAINING ORDER BUT HE WAS GIVEN VISITATION RIGHT WITH HIS DAUGHTER & MY SON.

2. HOW DO I ANSWER THE DEPORTATION LETTER?

i'M CURRENTLY STILL IN COURT FOR MY DIVORCE & ITS BEEN OVER A YEAR IVE BEEN FIGHTING FOR CUSTODY & SUPPORT. AND NOW THE DIVORCE ITSELF AND THE DIVISION OF HIS ASSETS SINCE HE'S WORKING FULLTIIME NURSE 7 WITH TWO KIDS I WS ONLY WORKING PART-TIME.

3. CAN THE AFFIDAVIT OF SUPPORT THAT HE SIGNED WHEN HE PETITIONED US BE USED FOR HIM TO SUPPORT MY SON? NOW THAT MY SON IS CONSIDERED UNDOCUMENTED HE'S NOT ELIGIBLE FOR ANY BENEFITS FROM THE COUNTY (CALIFORNIA) AND WITH MY TEMPORARY SPOUSAL SUPPORT WHICH HE PETITIONED TO CEASE SINCE WE WERE ONLY MARRIED FOR ALMOST 4 YRS, CAN I BRING UP IN COURT THE I-864 HE SIGNED FOR OR I DO I HAVE THE CASE TAKE HIM TO ANOTHER COURT FOR THE I-864 SO AS HE WILL HONOR WHAT HE SIGNED FOR?

pLS HELP ME. i HAVE NO FAMILY HERE OTHER THAN MY KIDS. I CANT GO HOME FEAR MY SON WONT BE ABLE TO COME BACK STILL JOB SEARCHING. I CANT AFFORD ANOTHER LAWYER. COUNTY WONT GIVE ME FREE LEGAL SERVICES COZ OF HIS INCOME REGARDLESS I DONT HAVE ACCESS. MONEY I WILL EVER GET IF THERES ANY WILL ALL JUST GO TO LAWYERS. MY CURRENT LAWYER DOESNT KNOW MUCH OF IMMIGRATION ISSUES BUT FAMILY LAW. SO PLS ANY INFORMATION THAT I CAN GIVE MY LAWYER OR THE JUDGE ON MY NEXT COURT HEARING WHICH WILL BE ON THE 2ND WK OF NOVEMBER AND DEC 21ST WOULD BE APPRECIATED.

[BigJoe5]

need more details

Date of entry on K-1
Why was sone not included in I-129F?
Date of marriage
Date of greencard
I-751 filed?
Waiver or w/spouse?
VAWA case?
Son named on I-130?
Approved as IR-2 or CR-2?
Other category?
When did son enter U.S.?
How old when he entered?
How old is he now?
What INA sections is he charged with?

Tell lawyer that I-864 is a binding contract and that there is caselaw on topic is this situation. Make him do his job.

SEE: http://www.divorcesource.com/NJ/ARTI...iwinski86.html

Additionally, several federal courts have "consistently found that Form I-864 constitutes a legally binding and enforceable contract between a sponsored immigrant and the sponsor executing the form." Cheshire v. Cheshire, 2006 U.S. Dist. LEXIS 26602 at *9 (M.D. Fl. May 4, 2006). Government agencies as well as the sponsored immigrant have standing to sue the sponsor for enforcement of the affidavit and support for the alien. By signing Form I-864, the sponsor "acknowledge[s] that section 213A(a)(1)(B) of the INA grants the sponsored immigrant(s) . . . standing to sue . . . for failing to meet . . . obligations under this affidavit of support." See, Form I-864 at 6.

5. I am getting divorced from my wife and she is originally from the Philippines. I have only been married to her for one year. What is my alimony exposure in the State of New Jersey?

In my opinion, you will be legally required to pay for alimony because you agreed to sign the Affidavit of Support. In the recent case of Naik v. Naik, No. A-6270-05T5 the Appellate Division held that a sponsor/spouse has a duty of support to a sponsored immigrant based upon the provisions set forth in Section 213A of the Immigration and Nationality Act and more specifically form I-864EZ. The Naik court further held that when a sponsoring party signs a form I-846EZ, he or she agrees to provide the sponsored party/immigrant with "any support necessary" to maintain him or her at an annual rate of "not less than 125 percent" of the federal poverty line until a triggering termination event occurs.

[jhimz78]

Thanks for Replying

Date of entry on K-1 - Feb. 17, 2005

Why was sone not included in I-129F? - He was but we decided for him (son) to come two years later. My ex filed a separate I-130 for him on May 2006.

Date of marriage - March 24, 2005 I moved out DEcember 2008 Filed a Temporary Restraining order on March 2009

Date of greencard - Oct 10, 2007 expiring on 2017
I-751 filed? : Filed but was never processed because of lack of documents til the greencard finally arrived so we never sent it back.

Waiver or w/spouse? - No Idea?

VAWA case? - Not familiar of the VAWA

Son named on I-130? - Separate I-130 was filed for my son on May 2006 since he didnt come a year after i did under K2

Approved as IR-2 or CR-2? Not familiar of IR-2 or CR-2

Other category? none

When did son enter U.S.? April 17, 2007

How old when he entered? 6yrs old

How old is he now? 9 yrs old

What INA sections is he charged with? i have to check because my copy of his deportation letter is with Lawyer i believe its because his visa expired on April 17, 2009. The reason I didnt apply for his adjustment of status its because i was in the process of my Citizenship whrein his name is included as my dependent unfrotunately got denied. I requested help from my ex-husband whom my son has visitation along with his 2 yr old sister (child w/ ex-husband) but didnt do anything about it.


Tell lawyer that I-864 is a binding contract and that there is caselaw on topic is this situation. Make him do his job. - tHe last hearing i mentioned it to my lawyer about the Affidavit of support but he just shook his head and said theres nothing we can do about that. my lawyer is only a family law and doesnt know much of immigration issues.

I'm only married for almost 4yrs, alimony is only good for 2 yrs and its almost about to end. My ex-husband who is a registered nurse, only supports his daughter (my 2yr old ) but not my son since under family law only legal kids are considered.

Question:

With the I-130 filed for my son, is my ex-husband liable or should be responsible in filing for his adjustment of status?


Now that my son visa expred already, can i have my ex-husband be accountable for failure of doing his obligation in processing my son's papers?

Is the I-864 still be enforced for my son's behalf now that he is considered undocumented & in process of deportation?

Thank you so much.

[BigJoe5]

First: Go to my previous post and follow that link. Print out information for your lawyer. The I-864 is a matter for family court lawyers who deal with immigrant clients. Make sure you include the case citations from that website.

Go to https://www.immihelp.com/i-864p-pove...it-of-support/ and print out I-864P and bring it to your attorney. It gives the minimum amount that your sponsor is responsible for on behalf of his sponsored aliens.

Next: Your son is too young to accumulate any "unlawful presence" that would make him inadmissible under immigration law.

What nonimmigrant category did your son enter the U.S. with? B-2,K-4,???? You have indicated that your son was granted a two year stay in the U.S. Did he enter as conditional permanent resident? Did he get a greencard that expired after two years? If he got a card that had an expiration date that would be a whole different situation. Please clear this up.

When a conditional resident's card expires without filing the I-751 to lift conditions, that will trigger a Notice To Appear (NTA) to go to the immigration court. This sometime's happens when a child is overlooked when the parent's conditions are lifted. This case is more prevalent when the child and the spouse don't arrive together.

Look at his passport.

Your husband is not required to follow through with your son's immigration. Has he withdrawn the I-130 petition? Have you filed an I-130 for your son as the child of an LPR?

Did your husband file an I-864 with your son's name on it?

I have a feeling that there is some important information missing here. You can send a private message if you like.

[jhimz78]

update

Hi. Happy New Year. Belated Happy Valentines Day!!!
I've been having so much stress lately coz divorce not settled yet. My alimony ending soon following a 4yr marriage. Kids suffering the flu. Having diagnosed of rheumatoid arthritis and tendinitis at 32yrs old. Its a rough start but will make it thru.

Update:

Since my son didn't come few months after I came under k2 visa he had to file separate I-130 as a US citizen petitioning a step son along with it is the shorter version or new version I suppose of the affidavit of support.

Son at 6yrs old enter in th US April 2007.

NEXT MONTH we received his greencard visa dated May 8, 2007 to be expired 2yrs later. I ddnt even notice this til i got denied of my ctizenship.

July 2007 I filed for removal of conditional status and I might have not included my sons name coz he just came.

November 17. 2007 I got my 10 yr green card.


October 2008 filed my N400 wherein this time I included my sons name coz so I HAVE been told f I get approved he being minor will too become citizen unfortunately got denied.

Interview date.March 2009 ------ got denied of N400

I then informed ex husband for help but ddnt do anything.

October 2009 ex got deprtation letter. As of yesterdaY, he still refuse to give me copy or atleAst check for any court hearing date but as a jerk still got nada from hm.

That's pretty much everything I guess.

Concerns:

1. Don't knw why he was only given 2yr visa.

2. what obligation does does my ex husband has over my boy where or when terminates hs Obligation.

3. Was advised before I file my sons papers when I can or after i file my ctizenship. I then can file I-130 for him.

ThAnk you so much