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Divorce and immigration. Georgia. We filed out I-30 after…

Customer Question
Divorce and immigration Lawyer's...

Divorce and immigration

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Georgia

Lawyer's Assistant: Has anything been filed or reported?

We filed out I-30 after years of marriage. No divorce has been filed yet.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

She is commuting adultry

Submitted: 7 months ago.Category: Family Law
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Answered in 5 minutes by:
12/31/2017
Family Lawyer: LegalGems, Lawyer replied 7 months ago
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,963
Experience: Experienced Family Law Attorney
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Family Lawyer: LegalGems, Lawyer replied 7 months ago

Hello; I am sorry to hear you are having marital problems. What is your specific question please?

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Customer reply replied 7 months ago
Okay. I’ve been married to a u.s citizen for 2 years. We have a daughter together. Over the last 2 years she kept telling me to wait to file the paper work. When she finally filled the i-30 a few months ago ,when the correspondence came for us to go take the pictures she sat on it and told me the only way she will do it is if I give
Her my car ( I bought it with my money, but I had to use her name because I don’t have a social). She now has the car but still won’t do the paper work. She has been commuting adultry for some time now, how do I get off of this mess but still be able to stay in America for my child?
Family Lawyer: LegalGems, Lawyer replied 7 months ago

Unfortunately there is no legal way to force a spouse to continue with the immigration process; if they are not willing to assist, the applicant's only recourse is to pursue the process independently. This has strict requirements and is referenced as the VAWA option. It is for domestic violence cases, to provide the immigrant protection. This is from NV but applicable in all states and explains the requirements (since it is based on federal law):
https://nevadalawhelp.org/resource/violence-against-women-act-vawa-petition

If there is no domestic abuse then unfortunately the spouse's cooperation would be required.

Some spouses will assist with the process if they understand that should the applicant be deported, it makes it difficult (sometimes impossible) to collect child support should the parties eventually divorce.

I certainly wish I had better news and I am sorry that you were put in this position.

Further questions? Please post here to continue the chat.

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Customer reply replied 7 months ago
If I divorce her, would I have time to get married again? There is a girl from college that I believe I should have married when I had the chance. She is willing to be with me and marry me really.
Customer reply replied 7 months ago
Is blatant adultry a form of emotional abuse? Could that be considered as abuse and well as her always threading to call immigration on me if I didn’t do sometime for her or buy something for her?
Family Lawyer: LegalGems, Lawyer replied 7 months ago

It would depend on the facts of the specific case and that would need to be reviewed by a personal immigration attorney.

In order to achieve status through marriage, it must be a bona fide marriage - please see:

https://www.ice.gov/sites/default/files/documents/Document/2016/marriageFraudBrochure.pdf

Additionally the divorce process can be time consuming; In GA, assuming the parties are in agreement in regards ***** ***** and child custody issues, the divorce process takes at least 1 month, but typically longer. If the parties can't agree, it can be dragged on for literally years.

Emotional abuse is determined by the evidence presented; examples include:

  • Reports/affidavits from police, judges, other court officials
  • Reports/affidavits from medical personnel, school officials, clergy, social workers, other service agency personnel

Adultery standing alone is typically not sufficient as extreme abuse is required.

Threats of deportation may be considered; here is a checklist that may come in handy:

http://www.nifvi.org/pdf/ShowingExtremeCrueltyVAWAI-751WaiverApp.pdf

For VAWA petitions it is best to hire an attorney to help document and present the abuse.

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Customer reply replied 7 months ago
Yea, so the lady that I want to marry (should have married) wants to marry me because we want a life together, there is no fraud in that. But of course they will look at us harder, but it’s okay because it’s 100% real. I am in jail now, ICE has a hold on me. And my wife is still sitting o. The paper work ( miserable, deceitful woman and her mother) they denied my bond because I had a FTA on there, the judge said on the 25th he would reconsider after I show him the dispositions of the FTA... if he denies my bond, is there anyway I would be able to get out so I can try to file independently? Would a i220a or a i220b still be available for me? I have no felonies on my record just reckless driving and 2 FTA (1 was dismissed by the judge because of was a misunderstanding) I want to be able to file for divorce, and custody of my baby.
Family Lawyer: LegalGems, Lawyer replied 7 months ago

Unfortunately that is at the discretion of the district director; please see this advisory here:

https://www.ice.gov/doclib/foia/dro_policy_memos/guidanceregardingreleaseofalienonorderofreleaseonrecognizance01262003.pdf

Also please see:

https://www.ice.gov/doclib/dro/detention-standards/pdf/admiss.pdf

At this juncture (custody) it is really essential to hire an immigration attorney that can guide you and assist you with your case.

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Family Lawyer: LegalGems, Lawyer replied 7 months ago

Here is a list of local attorneys provided by the state bar:

https://www.gabar.org/forthepublic/findalawyer.cfm

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Customer reply replied 7 months ago
What’s the name of the form that I can use to request a different judge? And how do I file a grevence against.
Customer reply replied 7 months ago
Against ICE
Family Lawyer: LegalGems, Lawyer replied 7 months ago

Here is the policy manual that discusses appeals:

https://www.justice.gov/sites/default/files/pages/attachments/2017/11/02/practicemanual.pdf#page=107

This is the rule governing reconsideration:

https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-33286/0-0-0-33879.html

I cannot find a standard form for requesting a new judge; normally there must be a reason (ie bias, conflict of interest etc) and the burden is on the party asserting the request. If there is no standard form a custom drafted motion would be submitted citing the specific facts which would justify/warrant a replacement judge; but generally the appellate process handles that.

Here is a link to initiate the complaint process:

https://www.dhs.gov/how-do-i/file-civil-rights-complaint

Would you kindly rate this question (hopefully positively so the site credits me for my time) and post any questions in a new thread? As an individual contributor I am expected to comply with the site's requirements which state we may only address one question per thread, and since this has exceeded the original question a new thread would be required. Thank you for understanding.

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Customer reply replied 7 months ago
I just got a FTA for the immigration judge for the 21 of December but I was incarcerated. This isn’t fair. How do I fix that?
Customer reply replied 7 months ago
The letter said they didn’t have an address to send the letter to. But my address is on file and they were able to send me letter to the jail....
Family Lawyer: LegalGems, Lawyer replied 7 months ago
Since that is a new question would you please repost in a new thread? That is solely an immigration question so would need to be in that category. The original question dealt with family law issues but immigration questions with no family law aspect need to be in immigration law. This has also exceeded the scope of the original question and per site rules would require a new thread.
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Family Lawyer: LegalGems, Lawyer replied 7 months ago

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
http://www.americanbar.org/groups/public_education/public-information/how-do-i-find-a-lawyer-.html
Terms of service can be viewed here:
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