I want a divorce but don't want him to stay here

[Biggestmistake 0]

Hello,

So I'm married and have a child with someone from a foreign country he got his visa last year and now has a 2 year green card.

Well we are having so much problems and there were many occasions where he specifically stated that the only reason he married and came to USA was to earn money and education.

I want to get a divocre. But will I have custody of my son? And will my husband get to stay here even though we are gonna be divorced by the time he have to renew his green card.

[aleful 1,905]

hi

you can't force him to leave, once divorced he can file for removal of conditions on his own

get a divorce lawyer, and most likely you will get custody of your child, maybe a judge will give you shared custody, that's why you need to know your options and your rights

[Biggestmistake 0]

But what If I have a recording of him saying that his intention of marriage was to come to the USA and do those things? They still give him the right to stay??

[Pitaya 2,576]

~Moved from Fam.-based AOS to Effect of Major Family Changes on Immigration Benefits Forum~

~Similar topics are often discussed at this forum.~

[Deagle 494]

But what If I have a recording of him saying that his intention of marriage was to come to the USA and do those things? They still give him the right to stay??

It is illegal in some states to record a conversation without the consent of all parties involved.

[Transborderwife 4,666]

It is illegal in some states to record a conversation without the consent of all parties involved.

This, also your son is his too

Edited February 12, 2016 by Transborderwife

[Deagle 494]

Do you really want your son, and his son, to grow up without his father?

[Ebunoluwa 6,136]

Great answers, nothing more to add.

[neoblast 138]

Hello,

So I'm married and have a child with someone from a foreign country he got his visa last year and now has a 2 year green card.

Well we are having so much problems and there were many occasions where he specifically stated that the only reason he married and came to USA was to earn money and education.

I want to get a divocre. But will I have custody of my son? And will my husband get to stay here even though we are gonna be divorced by the time he have to renew his green card.

I fail to understand why you want him deported. From what you described I'd say you guys have a genuine relationship that fell apart. Just divorce the man if it does not work out for you anymore but trying to deprive your child of his father is counter productive. most immigrants come to the US because of love and a chance at a better life, otherwise you could have move to his country but you did not; instead he is here with you. marriage break apart all the time. It's no longer up to you, he'll remove condition alone once you divorce him.

I wonder about the other side of the conversation for you to get that reply "he married and came to USA was to earn money and education."

[Boiler 43,401]

Divorce and move on, you are still responsible for the I 864.

[SteveKarlaMayer 21]

Just my two cents, file a divorce and get full custody of your son, the kid needs a permanent home. Your husband will need to work so he can remove the condition on his own. I'm sorry you're going through this.

[Harmonia 211]

There's so many uneducated and unemployed people, good that he is motivated to work and study. Just divorce and keep things civil for your child. Its his child too. A working father who's studying is a good role model for any child, even if your marriage didn't work out.

[SunflowerSweet 1,321]

Without anymore context it sounds like you are sort of overreacting. I fail to see how it makes sense that he came only for education and work if he got his visa a year ago and is still with you? And has a child with you?

Plus if that was really his goal then why is it you calling for the divorce. He doesn't actually need you to stay in the US anymore so if his intention was just to come and learn and work then it seems strange he didn't file for divorce on his own as some time after he was handed his green card... I'm not sure how long ago the GC was actually received, but it still seems a little odd.

My thinking is that you are having relationship problems and he could have said it in anger, but I guess who knows. Either way, you don't really have any options when it comes to his deportation. And honestly that's probably a good thing.. his child in the US and unless there is some sort of abuse that you aren't telling us I can't see any reason why he wouldn't get at least partial custody if he fought for it? But who knows, the courts tend to favor mothers in these scenarios and your status as a USC may factor in too, though that's a little twisted. But really, could you imagine if things were the other way around? Even if you aren't getting along, trying to kick someone out of a country and making it so they can never see their child again is cruel and unusual.

Edited February 12, 2016 by MorganandMichael

[blondedoc 35]

I agree with MorganandMichael... And I can tell you that unfortunately I had to raise 2 kids by myself until I get my actual husband because the biological father of my kids abandoned them. I was begging him to see them and he used the kids to make me feel bad (I was feeling guilty for choosing such a douche bag as the father of my kids). It was such a bad thing for them... After 4 years, the kids still have issues with this situation and now, as I got married back again and the kids are connected to my husband (they call him dad already) and I´m fighting with all my strengh to keep them in a father and son relationship even with this separation during our process, because they miss so much a father figure...

Dont take from your kid the opportunity to have a father... Kids miss that and they suffer without it...

Think about the kid and move on with your life...

Your kid will thank you for that one day

[Anh map 2,098]

You would have to present sufficient evidence to USCIS/ICE of your spouse's fraudulent activity. You can't just make a claim and let it go.

Best is to divorce and move on. Consult a family law attorney to learn about custody rights. Kicking the ex out of the country to make it easy isn't likely to happen.