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questions about k3 visa and divorce

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  • questions about k3 visa and divorce

    Hi, my husband cheated on me while he was in his home country waiting for the K3. I found out when I took out 1yr old son to visit him for the first time. He got his K3 and came here. I tried to work things out for the children but I know he will cheat again and I want a divorce. His appt. for residency in January and I need to know if I have to withdraw his I-130 and if he can stay in the US if I do. I want him to stay here but we live in CA and if I let him get his residency he will eventually get joint custody of our children(I am 8 months pregnant and we have a 2 year old) and I just can't let that happen. He can't be trusted and is like a stranger to them. I don't want anyone to suffer unecisarily here but I have to protect myself and my children. Please help!!!!

  • #2
    Hi, my husband cheated on me while he was in his home country waiting for the K3. I found out when I took out 1yr old son to visit him for the first time. He got his K3 and came here. I tried to work things out for the children but I know he will cheat again and I want a divorce. His appt. for residency in January and I need to know if I have to withdraw his I-130 and if he can stay in the US if I do. I want him to stay here but we live in CA and if I let him get his residency he will eventually get joint custody of our children(I am 8 months pregnant and we have a 2 year old) and I just can't let that happen. He can't be trusted and is like a stranger to them. I don't want anyone to suffer unecisarily here but I have to protect myself and my children. Please help!!!!

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    • #3
      You have children together and they have a right to know their father, whether he cheated or not. Can the marriage be salvaged?

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      • #4
        His ability to get joint custody of the children has NOTHING to do with his residency California family courts have nothing to do with residency status; he will get jc – I have a wife who has joint custody of our son even though she her conditional permanent residency has been terminated.

        There are others in this forum who are a lot more knowledgeable about his ability to stay in this Country; I will tell you that the chances of his getting the children if he is out of the US as slim to none.

        Examine closely your motivations for wanting him out of your kids lives – unless you have a compelling reason you will have to explain to them why Daddy is not around.. In my case, mommy is willing to sacrifice an autistic child so she can cling on to being in the US; eventually the Court will hand me sole custody because of her blatant disregard for the best interests of the child.

        Good luck – in the final analysis justice will prevail.

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