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Can somebody give me advice

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  • Can somebody give me advice

    Hello, I have got married June 2002 in the USA, in September 2002 has been born my son here in the USA. My husband has been permanent resident, his status change this Febuary to American citizen.During this year our marriage strugles and I wanted to leave back to my country with my son. My husband and his family said that no, my son is not going to leave country. I am still waiting to get my papework and get my green card. Right now I am getting together madical for immigration and waiting after sending all informations for interview. My husband is alcoholic who doesn`t pay rent, bills if I would not have opportunity get some money we would be no able to live. I do not want stay anymore longer in this relationship and I do not want my son live like that. My questione is can I move away from my husband before interview or I have to stay with him. Do I have to say the truth to immigration or say that our marriage is working? I married my husband for love, but it is not working and because our struggles with money I am not able to stay with him anymore. Can I get separation before immigration interview or I have to stay until the end and say that our marriage is perfect, and than get divorce. Please can somebody help me? I am really desperate. Thank you very much Eva

  • #2
    Hello, I have got married June 2002 in the USA, in September 2002 has been born my son here in the USA. My husband has been permanent resident, his status change this Febuary to American citizen.During this year our marriage strugles and I wanted to leave back to my country with my son. My husband and his family said that no, my son is not going to leave country. I am still waiting to get my papework and get my green card. Right now I am getting together madical for immigration and waiting after sending all informations for interview. My husband is alcoholic who doesn`t pay rent, bills if I would not have opportunity get some money we would be no able to live. I do not want stay anymore longer in this relationship and I do not want my son live like that. My questione is can I move away from my husband before interview or I have to stay with him. Do I have to say the truth to immigration or say that our marriage is working? I married my husband for love, but it is not working and because our struggles with money I am not able to stay with him anymore. Can I get separation before immigration interview or I have to stay until the end and say that our marriage is perfect, and than get divorce. Please can somebody help me? I am really desperate. Thank you very much Eva

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    • #3
      Ms. Eva,
      There is help for you if you are in an abusive relationship. Abusive relationships can come from either emotional and/or physical and are sometimes hard to detect. From your post, it may sound like you are in an abusive relationship. If you are a memeber of a church or religious organization, contact them immediately. If you are not a memeber of a church or religious organization, this toll free number 1-800-799-7233 will help you get out of your home immediately and provide a temporary place to stay.

      As far as immigration goes, there are exceptions getting the green card if you married through the K visa. One of those exceptions if you are in an abusive relationship. My best advice is to seek professional legal counsel since this would complicate your process and you would need to document the abusive relationship. However, there are also some free help available as well on the USCIS website. If you are planning to leave the country and go back to your home country, you must also decide if you want to stay short term or long term. If short term, this may provide an option for a green card. However, if long term, the green card process may not apply

      Finally, who gets custody of your son depends on local law, ie state law. If you husband is an alcoholic and it can be demostrated in the court, then you would have custody of the child. Grandparents, that is your husband parents, may try to get custody of the son but they would have to prove you are an unfit parent; that is unable to provide for you son in this country. Again, if you are going back to your home country which will provide for you and your child, then you should retain custody of the son.

      I hope this helps you and wish you the best of luck.
      "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

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      • #4
        Are you awaiting the adjustment of status interview? Divorce prior to AOS interview will result in a denial, unless you can demonstrate abuse in the relationship.

        Regardless of immigration issues related to your unhealthy marriage, taking a child to another country and away from its biological parent would require the parent's consent.
        The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

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