What to do with GC and baby american citizen?

M

my2kandI

Registered Users (C)
Hello,

I'm in very difficult situation and I need help.
I'm a Permanent Resident (GC holder ).

My first child was born in my home land and her father is an US citizen ( at that time we weren't married). She have a birth certificate of my country and after that her father applied for Consular Report of Birth Abroad based on my country's Certificate of Birth and then she got a US Passport and of course citizenship.

In September 2008 I got married in Austria and got international Certificate of Marriage. We entered US in October 2008 and applied for GC in January 2009 (same time as did finger prints).

In February 2009 we had a court and I got a Protective order for 1 year base on domestic violence( abuse), without arrest of my husband. Case was based on my pictures with bruisers and threats of killing. Judge didn't let me move out of US. My baby was 1 year old and I was still breast feeding and in short period of time I couldn't find a job and there was no place to live, so I went back to my husband and dropped the case and called off Restraining order.

After that we moved in other State and my husband left his job and was looking for new one, so we didn't have insurance to cover birth expenses and I even wasn't able to get basic pregnancy check ups. I came back on my home land in September 2009 to give birth with 2 child. I had emergency cesarean section based on placenta detachment and voluminous bleeding and baby were born premature.

So in December 25, 2009 my husband came back to made a passport for new baby and get us all together back in US. Because baby was sick most of time we weren't able to do ANY kind of documents. BY our law even if you are married your husband and you have to get a Birth Certificate with passport of each other and marriage certificate. So my son have nothing as if he doesn't exist.

And on February 18, my husband physically abused me in front of my 2 years old daughter and 3-month old son, I told him that I'll call a police, so he rushed to pack his stuff, saying that he will take my daughter(2 y/o) and I will never see her again, that he will get a full custody because she US citizen and I'm not and I will stay in my country forever with my son.....and left and I'm pretty sure he flight back in US same day.

So now I'm in trouble.
1. I have to go back in US before March 12 (6 month before) coz of my GC.
2.I can't take my new baby in US coz he doesn't have any documents.
3. My daughter is US citizen and we came here with my husbands agreement.

So my questions are:
1.What kind of problems I will have with Immigration and what can I do?
2.Should I file for I-407 and DS- 156?
3.And is it any law to get a documents for new baby if father abandon us?
4.Can my husband get a full custody if in present time and history was abuse?
5.Self-petition for I-485 is cannot be done if US citizen partner in military?

Thank you very kindly for you help.
 
Last edited by a moderator:
A1: If you re-enter before being away for 6 months, I see no issues.
A2: For whom? Your son? He is a US citizen.
A3: I am not aware of your country's local laws.
A4: I highly doubt it, but this needs legal representation.
A5: For whom? Your son? See A2.

my2kandI said:
1.What kind of problems I will have with Immigration and what can I do?
2.Should I file for I-407 and DS- 156?
3.And is it any law to get a documents for new baby if father abandon us?
4.Can my husband get a full custody if in present time and history was abuse?
5.Self-petition for I-485 is cannot be done if US citizen partner in military?
Click to expand...
 
For Triple Citizen: My son doesn't have ANY documents and to get them I guess his father -US citizen , have to apply for Birth Certificate Abroad and apply for US passport, I can't do it because I'm only Permanent Resident. My 2 y/o daughter she is a citizen.
I was asking about myself if I will file Petition based on Domestic VIolence and abuse: Self-petition( me) for I-485 is cannot be done if US citizen partner in military( my husband)?- How Do I Apply for Immigration Benefits as a Battered Spouse? And can I apply if my husband in the military?

For Jackolantern: No she still with me.
 
For Triple Citizen: My son doesn't have ANY documents and to get them I guess his father -US citizen , have to apply for Birth Certificate Abroad and apply for US passport, I can't do it because I'm only Permanent Resident.
Click to expand...
You need to consult a lawyer in your own country about how to get a birth certificate and/or Austrian passport for your son. Yes, I saw that you wrote that they need the father's involvement to get a birth certificate, but as a modern civilized country Austria can't be so stupid that they will leave a child without a birth certificate forever just because the father runs away. They must have some sort of exception for the absentee father situations, and you should be able to get a court order to legally deem your husband as the father if he doesn't show up to challenge paternity.

And talk to the US consulate about what you would need to do get some kind of document for your son. As a permanent resident, if you are unable to establish US citizenship for him, you can bring him to the US if he is still under 2 years old and it is your first trip to the US since his birth, and he will become a permanent resident upon arrival in the US with you.
I was asking about myself if I will file Petition based on Domestic VIolence and abuse: Self-petition( me) for I-485 is cannot be done if US citizen partner in military( my husband)?
Click to expand...
I-485 is for people who don't have a green card yet. You already got your GC. When your 2-year GC is about to expire, you will need to file I-751. For that you would need a waiver to file it without your husband's cooperation.

Is your older child with you, or did your husband take her to the US?

The bottom line is that your case is complicated to the tenth power and you need a good US immigration lawyer as well as an Austrian family lawyer, not an anonymous message board.
 
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