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My soon to be exwife is likely to be deported for marriage fraud; which I have alleged in documents given to INS but cannot prove without depositions and subpoena's. I do have substantial evidence that is primarily circumstantial, but without the subpoenaed evidence, it's not 100% provable; only about 90%. Will INS subpoena things? I am betting not, that it's just too expensive for them. How can I put enough political pressure on them to do this one?
We have a child who is 15 months old, and she has lived with mom since she left us at 9 weeks. Mom has made all sorts of wild accusations in the courts geared at the Code of Federal Regulations sections governing removal of conditions from a Conditional Permanent Residency-condition of marriage. All accusations have been proven false.
Mom has a family history of getting rid of the father, and making false accusations, which she herself told me about what happened to numerous uncles, and to her own father. They also have a history of marrying for false purpose, money, visa's, etc. I found all of this out after the marriage.
How can I get my son when the mother is facing deportation? There are no permanent orders yet.
The INS does not generally subpoena. They do not require hard evidence to deny a visa aplication or to commence removal proceedings How they proceed is entirely up to them and there is nothing that you can do to pressure them or seek a different result. Moreover, you tdo not want to push the issue since they could find that you have participated in teh immigration fraud.
Remember you signed an affidavit of support agreeing to be financially responsible for your spouse.
Well Lawmoe, good advice; except that I didn't know of the fraud until after the marriage. I was pretty sure INS wouldn't subpoena anything, just for cost issues alone. I did sign the affadavitt, and all that stuff, but I did so under the pretense that it was a true marriage etc.
However, my questions aren't about how to deal with the fraud; that's what civil courts are for. My question is how to present this situation to the child custody courts so that my son isn't sent out of the country with his deceptress of a mother.
Do I need exacting documented detail at a child custody hearing-since once I know she is in deportation proceedings, I want to have my son? Should I go in with that right now, since technically speaking, once she files for divorce, she is in deportation status until she has a hearing with INS? Will I have any success with this kind of thing?
Can I present the emails I printed off from her account that she accidently left open one day (which is how I discovered the fraud to begin with)? Can I present the text records of the keyloggers I installed on my pc's once I discovered this fraud?
I do have a lawyer, but this kind of thing is so rare (thank-god) that few attorney's ever run across it. They don't know what to do, and immigration attorney's don't see it all that much either, I am being told.
Anyway, any thoughts or suggestions are always welcomed!
It really is not that rare. In most cases, however, courts are unlikely to agree to allow a person to take the child out of the countr, particularly on an initial custody determination, when the child was born and is growing up here with extended family.
The key here is to focus in on the possible depoortation as an issue of instability in the other parents life. It goes to the crux of the custody issues.
As you know, when you apply for a spouse under a K1, K2 or K3 visa, she is here as a conditional permanent resident. the conditions are removed after 2 plus years when the parties show the marriage was legitimate (bought things togther, lived together, incurred debt together). If you divorce before conditions are removed, the other party(foreign national) must demonstrate (1) the marriage is legitimate; or (2) that abuse occurred resulting an early termination. The burden is hers with the INS.
Trevor, all a keylogger does is record all keystrokes made from a keyboard. It can discover a password only if someone enters that password into their computer from the keyboard. If they use another pc, then it wouldn't help you at all. Big companies use this tool to track you, and even this tool is outdated compared to what's out there now!