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Help needed --- Divorced /Child Custody/ F-2 visa.

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  • Help needed --- Divorced /Child Custody/ F-2 visa.

    My wife and I came to US five years back. She was in her student visa(F-1) and I was in depended visa F-2 . We have a common child.She was born in the US.(4 years old)We got separated in April 2005 due to personal reasons.After the separation I filed the child custody case in May 2005.On the first hearing one distric judge warned both of us not to remove (from the US )the child until she reaches her 18 the birthday.That means now she is 4 years ,another 14 years to go.My ex wife and I finally got divorced on May 2006,after that I became out of status.My ex wife graduated from the college on May 2005 and completed her Optional Practical Training on May 2006 and then she appealed to the same Distric judge about my child's removal from the US and Distric judge did not grant her request based on certain factors, Distric Judge pointed out that if she(ex-wife)removed our child there is no gurantee of returning the child to US again and once she (baby ) leaves the country mother could take anywhere and US laws are not valid in overseas.Secondly I did not like her removal too and I told to judge about my opinion too, So the judge listened to both parties and dismiised her ( ex wife) request.I know if I go to my home country I can not come into US for 3-10 years under Section 212(a)(9)(B) of the Immigration & Nationality Act . Now I have to pay my child supprt as well, I can work illegally but now its not the right time here in US, Is there any way I can re-instate my legal status without leaving the US ? My ex wife is currently in the US under F-1 visa and my child is with her,Our custody case is still going on.I really don't want to be a illegal in this country .I appreciate your advice.

  • #2
    My wife and I came to US five years back. She was in her student visa(F-1) and I was in depended visa F-2 . We have a common child.She was born in the US.(4 years old)We got separated in April 2005 due to personal reasons.After the separation I filed the child custody case in May 2005.On the first hearing one distric judge warned both of us not to remove (from the US )the child until she reaches her 18 the birthday.That means now she is 4 years ,another 14 years to go.My ex wife and I finally got divorced on May 2006,after that I became out of status.My ex wife graduated from the college on May 2005 and completed her Optional Practical Training on May 2006 and then she appealed to the same Distric judge about my child's removal from the US and Distric judge did not grant her request based on certain factors, Distric Judge pointed out that if she(ex-wife)removed our child there is no gurantee of returning the child to US again and once she (baby ) leaves the country mother could take anywhere and US laws are not valid in overseas.Secondly I did not like her removal too and I told to judge about my opinion too, So the judge listened to both parties and dismiised her ( ex wife) request.I know if I go to my home country I can not come into US for 3-10 years under Section 212(a)(9)(B) of the Immigration & Nationality Act . Now I have to pay my child supprt as well, I can work illegally but now its not the right time here in US, Is there any way I can re-instate my legal status without leaving the US ? My ex wife is currently in the US under F-1 visa and my child is with her,Our custody case is still going on.I really don't want to be a illegal in this country .I appreciate your advice.

    Comment


    • #3
      The only one I can think of would be to marry a USC.

      Comment


      • #4
        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Theone:
        The only one I can think of would be to marry a USC. </div></BLOCKQUOTE>

        How about marrying a F-1 visa holder , does it has to be aUS citizen ?

        Comment

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