Hello I am from india and got married three yrs ago to a USA citizen. I got conditional gc. We have a baby born in the USA. My husband has been very difficult and I am miserable with my marriage. I want a divorce and I want to go back to india with my baby. But I am afraid of doing this because my husband and his family can put a case on me for kidnapping my child. Please help. How can I get a divorce and take my child with me to india legally forever? Please help. Ian really desperate!
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Divorce problem with gc
- Thread starter Tulsi
- Start date
Jackolantern
Registered Users (C)
It will be absolutely 100% impossible for you to legally take a US citizen child out of the US against the USC parent's wishes. That is as certain as death and taxes. If you take the child out of the US without legal permission, you'll be charged with international kidnapping.
Even when both parents are USC, the courts will usually block one parent from removing the child from one state to another if the other parent doesn't want that to happen.
If you want to get custody of your child, you'll need to stay in the US and get your 10-year green card. Which means filing the I-751 with a waiver, if you get divorced. Given that you've been married for 3 years and have a child together, the waiver will almost surely be granted.
Even when both parents are USC, the courts will usually block one parent from removing the child from one state to another if the other parent doesn't want that to happen.
If you want to get custody of your child, you'll need to stay in the US and get your 10-year green card. Which means filing the I-751 with a waiver, if you get divorced. Given that you've been married for 3 years and have a child together, the waiver will almost surely be granted.
Tulsi, I'm sorry that your marriage has become rocky.
Why do you want to return to India with your child (also his child) for good? Don't you think your child would like to have a relationship with his/her father at some point?
I don't want to sound judgmental but you seem upset at the moment. I'm sure you have good reasons to be angry with your husband. Moving back to India does not guarantee you or your child hapiness.
Take Jackolantern's advice. If divorce is imminent, divorce him and file the I-751 with waiver.
Stay in the US and secure custory of your child. He will probably be given some visitation rights. Let it be upto your child to decide if she/he wants to have a relationship with the father.
IF he is an ***, chances are your child will not want anything to do with him anyway...Good luck...
Why do you want to return to India with your child (also his child) for good? Don't you think your child would like to have a relationship with his/her father at some point?
I don't want to sound judgmental but you seem upset at the moment. I'm sure you have good reasons to be angry with your husband. Moving back to India does not guarantee you or your child hapiness.
Take Jackolantern's advice. If divorce is imminent, divorce him and file the I-751 with waiver.
Stay in the US and secure custory of your child. He will probably be given some visitation rights. Let it be upto your child to decide if she/he wants to have a relationship with the father.
IF he is an ***, chances are your child will not want anything to do with him anyway...Good luck...
Jackolantern
Registered Users (C)
Unless he has been so horribly abusive to the child that the government permanently terminates all of his parental rights, you won't be able to legally remove your child from the US if he doesn't want you to. And that permanent termination is not easy to get -- the courts will often allow the abuser to have supervised visits, or force the mother to periodically bring the child to prison to visit the father.
You haven't mentioned anything about him abusing the child, so getting the court to terminate his parental rights isn't feasible. However, you said he told "us" to get out of the house. I presume you are referring to yourself and your daughter? If he wants you both out of the house, maybe you can get him to agree to voluntarily terminate his parental rights (don't try to negotiate this on your own -- make sure this is done with a lawyer).
To convince of him that, show him the benefits from his perspective if he agrees: (1) He won't have to pay child support and (2) if you agree to leave the US he won't be liable for paying to support you according to the Affidavit of Support (I-864) he signed when sponsoring you for the green card (assuming you haven't already terminated the I-864 obligation by accumulating 40 quarters of work for Social Security).
You haven't mentioned anything about him abusing the child, so getting the court to terminate his parental rights isn't feasible. However, you said he told "us" to get out of the house. I presume you are referring to yourself and your daughter? If he wants you both out of the house, maybe you can get him to agree to voluntarily terminate his parental rights (don't try to negotiate this on your own -- make sure this is done with a lawyer).
To convince of him that, show him the benefits from his perspective if he agrees: (1) He won't have to pay child support and (2) if you agree to leave the US he won't be liable for paying to support you according to the Affidavit of Support (I-864) he signed when sponsoring you for the green card (assuming you haven't already terminated the I-864 obligation by accumulating 40 quarters of work for Social Security).
Al Southner
Registered Users (C)
Hello I am from india and got married three yrs ago to a USA citizen. I got conditional gc. We have a baby born in the USA. My husband has been very difficult and I am miserable with my marriage. I want a divorce and I want to go back to india with my baby. But I am afraid of doing this because my husband and his family can put a case on me for kidnapping my child. Please help. How can I get a divorce and take my child with me to india legally forever? Please help. Ian really desperate!
The only hope for you, is to remain in the US and become a US citizen, at that time you can face the court and ask for full custody of the child. However, full custody doesn't equate to sole custody and legal freewill to take the child back to India, you could be sue and charged with kidnapping, even as you will be a US citizen. As a green card holder, you are likely to lose badly in any court battle for full and sole custody, perception of your intent from the judge's viewpoint. I would strongly encourage you to stick-it-out till you are a US citizen, then fight with the court for full custody after you divorce, full totalitarian control of the child for you to do as you will, moving him or her to India, improbable. It could only happen if your husband was such an abuse person that the state itself can't even allow him to be part of general society, indefinite incarceration for some mental health problems.
Thanks everyone for your replies. I have another question. Should I apply for my permanent gc before I get a divorce? How long does it usually take to be granted a permanent gc(I 751)? Or should get the divorce and then file for the permanent gc with a waiver for sponsership? My husband is willing to sponser my gc but that means that I have to stay married and keep on tolerating his nasty behavior until I get the gc. But I am willing to that if it means that it will be easier to get custody of my child. I will anything for my child. Please give some advice. Thanks.
Jackolantern
Registered Users (C)
When does your conditional GC expire? Divorce or not, you have to apply for it in the 90-day window before it expires.
Start gathering the relevant proof from now (copies of your child's birth certificate and lease/mortgage and other documents with both your names on it) in case he kicks you out of the house before you get a chance to gather them.
Start gathering the relevant proof from now (copies of your child's birth certificate and lease/mortgage and other documents with both your names on it) in case he kicks you out of the house before you get a chance to gather them.
Last edited by a moderator:
Jackolantern
Registered Users (C)
Which means you are already in the window to apply.My conditional gc expires in April,2011.
I have all the needed proof and can apply for permanent gc. But how long does it take to get it?
The average is about 6 months, but for some people it's as short as 3 months and others it takes a bit longer than a year. Hopefully with you being married for 3 years and having a child together they'll approve it quickly without an interview.
Divorces are also unpredictable ... some are over in less than a month, others drag out for years.
Thanks for all ur help with my concerns. I have one more concern? After I get my gc and hopefully I will get custody of my child. I understand I cannot take my child to india forever, but is it possible to live six months in USA and 6 months in india with my child, at least until she goes to grade school...
Jackolantern
Registered Users (C)
If the father doesn't give permission, the courts probably will never let you take the child to India before age 16. Not even for one visit.
It's too common for one parent to remove the child from the US and never return. That's why even when both parents are US citizens married to each other, both parents normally must be present when applying for an under-16 child's US passport. And the airlines will require written consent from the other parent if both parents are not present.
It's too common for one parent to remove the child from the US and never return. That's why even when both parents are US citizens married to each other, both parents normally must be present when applying for an under-16 child's US passport. And the airlines will require written consent from the other parent if both parents are not present.
N-400Houston
Registered Users (C)
With all due respect: from my experience airlines do not require any consent from the non-traveling parent, the child having a passport is sufficient. It does not make removal of the child from the US without his father's consent or court's permission any more legal, though.
With all due respect: from my experience airlines do not require any consent from the non-traveling parent, the child having a passport is sufficient. It does not make removal of the child from the US without his father's consent or court's permission any more legal, though.
I worked for an airline for 15 years, and yes, airlines can deny boarding for not having the written consent from the non-traveling parent.
Airlines and immigration agents can deny minor children initial boarding or entry to foreign countries without proper proof of identification and citizenship and a permission letter from absent or non-custodial parents.
According to Department of State Publication 10542: "With the number of international child custody cases on the rise, several countries have instituted passport requirements to help prevent child abductions. For example, Mexico has a law that requires a child traveling alone, or with only one parent, or in someone else's custody, to carry written, notarized consent from the absent parent or parents. "