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child's custody and 751

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  • child's custody and 751

    I recieved my conditional green card march 2004. Soon after I got pregnant and we had our first child in december 2004. Few things had happened that I do not think we should be together. This is sad because my marriage was a bona fida. I am going to remove conditions soon from my GC. And if I am gonna have to go home due to divorce i do not worry too much.What my main concern is if I am gonna be able to get a full child custody and leave witha child in case if I am gonna be deported or something like that. Thank you

  • #2
    I recieved my conditional green card march 2004. Soon after I got pregnant and we had our first child in december 2004. Few things had happened that I do not think we should be together. This is sad because my marriage was a bona fida. I am going to remove conditions soon from my GC. And if I am gonna have to go home due to divorce i do not worry too much.What my main concern is if I am gonna be able to get a full child custody and leave witha child in case if I am gonna be deported or something like that. Thank you

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    • #3
      if you are getting a divorce it may be something thru the jursidiction you live (courthouse) to determine custody. and even at that it may be thru who can support the child, etc ..... that sounds way complicated. i would only be able to advise you of my situation but i am the USC where my ex is the illegal and hasn't paid child support, ect ....
      gosh, good luck!

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      • #4
        if your marriage was real and you can prove it, a divorce shouldn't be cause of concern, you file for a waiver and self petition.

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        • #5
          thank you all so much for your responses. If i would be asked that if my marriage was bona fida I would be able to show things where our names are listed together: autoinsurance, lease agreement, utility bills, joint taxes and photos of us together. Is that enough? Also newbam told me that custody depends on who can suppor child. Well, at the beginning of our marriage for two years I was the only one working and going school at the same time. Now I a sitting home with a child, we cannnot afford daycare and he is working. How can that affect the decision of a custody?

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          • #6
            i believe the court may ask why you are not working and/or if you are willing and able. if you and your soon to be ex are on good terms you may just be able to discuss the situation together, file ur div, and have the court sign it off. as far as the "I" forms go, i am not all too familiar with those only what friends and i have been thru with divorce involving children (i am the only one with an ex-immigrant)

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            • #7
              It wouldn't be a court, but an adjudicator. However, they would ask for the evidence you describe and statements from your neighbors and friends, close relatives perhaps. Evidence of counceling and couple's therapy would help you, as well as a statement from your spouse.
              If you entered into the marriage to avoid immigration law, then all that happens to you is well deserved. If you didn't, then they'll understand separation is sometimes a sad reality and you'll get your permanent (10 year) resident card. Marriage fraud is not only criminal but shameful.

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              • #8
                thanks again;
                One more question- If I am in a process of divorce by the time of applying for the removal of the conditions what am I looking at if waiver considers only completed divorce.

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