I've been thinking about getting divorce or separated because my husband is emotionally abusive and also a drug addict. We got married for love and of course I didnt know all this. I got my green card on November 2007 and it has a 2 year condition since he a US citizen. We have a son together and I dont need to stay in the US, I would be happy to go back to my country but with my son. The chances are that I am gonna have share custody and of course he wont let me take our son out of the country. What happens if I get divorce or separate before the 2 year period? can I stay here with my son or he would have to stay with his dad while I have to leave the US forever?
Originally posted by berni32: I've been thinking about getting divorce or separated because my husband is emotionally abusive and also a drug addict. We got married for love and of course I didnt know all this. I got my green card on November 2007 and it has a 2 year condition since he a US citizen. We have a son together and I dont need to stay in the US, I would be happy to go back to my country but with my son. The chances are that I am gonna have share custody and of course he wont let me take our son out of the country. What happens if I get divorce or separate before the 2 year period? can I stay here with my son or he would have to stay with his dad while I have to leave the US forever?
You said you don't care if you loose your GC right?
ok the key is " Divorce lawyer" Your husband use of drugs will make him an unfit parent... but you need to prove that to the judge that your child is not safe under his care. Since your husband and your child is a USC. Your child is entitled to child support
Once an alien acquires conditional permanent residence, he or she is not required to remain married to a USC. Of course, successful removal of conditions would require that the alien be able to demonstrate that the marriage was bonafide and not entered into to evade immigration laws.
Just how much evidence can you provide? The child is one example of the bonafide nature of your marriage, but you will need to show commingling of finances, a shared residence, tax returns submitting showing that you are married, bank accounts that demonstrate that you and your husband shared financial obligations and assets....etc.
quote:
Originally posted by berni32: I've been thinking about getting divorce or separated because my husband is emotionally abusive and also a drug addict. We got married for love and of course I didnt know all this. I got my green card on November 2007 and it has a 2 year condition since he a US citizen. We have a son together and I dont need to stay in the US, I would be happy to go back to my country but with my son. The chances are that I am gonna have share custody and of course he wont let me take our son out of the country. What happens if I get divorce or separate before the 2 year period? can I stay here with my son or he would have to stay with his dad while I have to leave the US forever?
Posts: 2160 | Location: USA | Registered: 07-25-2003
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