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lostwoman

Separated From My Husband

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Filed: Other Country: Philippines
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I am hurting right now...really bad. I am married to a U.S. citizen. I have to leave as he started to become very controlling. He wanted me to quit my full time job to find a part time. I am still learning to drive and every time I tried to set up an appointment for driving lesson. He would tell me to cancel them. He also has addiction that my child and I are neglected most of the time by him. He had makes promises to me but he always break them. I can go on, and yes, there are 2 sides to every story. I am not a perfect wife but I do everything, comprise and change everything for him, so my family would stay intact. I just have enough it. I left him today.

I have 10 years green card and a child (my husband and I's child), who is not a U.S. citizen yet. I wanted to talk to my husband and ask his permission to go out of State. I still want my child to be able to see his dad and involve in his life growing up; same goes for my husband, I do not want to steal his parental right away from him. Anyway, he did not want to talk to me and meet me at a place I told him to go. It hurts so bad that we have to be separated. We've been together for 8 years. Almost 5 years to our wedding Anniversary. I do not know what to do or where to go right now as he does not want to talk to me.

My questions are:

1. Am I be able to go out of State with my child without being in trouble or charge with kidnapping?

2. If I ask any assistance from the U.S. government in the future, are my sponsor and joint sponsor going to have to pay for it? (I do not want that to happen though)

3. Should I change my address immediately? as of right now. I am at a hotel

4. What will happen to my 10 years green card, now that I am separated with my husband?

5. When I apply for naturalization, is separation from U.S. citizen spouse going to be a hindrance of being approved?

Thank you for reading and hoping to get information.

Thanks in advance.

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Hello

in my opinion, you need to contact a lawyer immediately. in your city there are lawyers probvono and other free of charges services that you can contact confidentially.

if there is any kind of violence you should go to the police and make records about that

Edited by inloveVEN
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Filed: Citizen (apr) Country: Hungary
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No, you should not leave the state.

Yes, in theory if you receive means tested benefits, your sponsors could be required to repay it. In reality this rarely happens.

You should change your address once you are somewhere more permanent.

Your 10-year GC is yours to keep. The only change is that now you have to wait 5 years to file for citizenship.

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

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Filed: Other Country: Philippines
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No, you should not leave the state.

Yes, in theory if you receive means tested benefits, your sponsors could be required to repay it. In reality this rarely happens.

You should change your address once you are somewhere more permanent.

Your 10-year GC is yours to keep. The only change is that now you have to wait 5 years to file for citizenship.

Thank you for the reply. I am also thinking of not to leave the State.

Okay, I will follow what you say, once I have more permanent place to live.

I do not mind waiting 5 years. For the sake of my son to be here with his dad, I will apply for naturalization. I really wanted to go back to my country right now, where I could get more help.

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Filed: K-1 Visa Country: Jamaica
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You are free to leave the state if there's no Custody in place( no court ordered restrictions ), Just do NOT leave the country.

I know this from personal experience with advice from my attorney.

Edited by SB&RH
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You are free to leave the state if there's no Custody in place( no court ordered restrictions ), Just do NOT leave the country.

I know this from personal experience with advice from my attorney.

I thought this was a state to state basis. I personally have a family member who did the same thing. Left her husband and move to another state without informing him. Two months later law informant was at her new place to return the kids to their father.

OP,

Definitely seek counsel.

Edited by NuestraUnion

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

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It is a state by state...in my state if there is no set custody agreement defined by a judge both parents can take the child anywhere they want.

Now you would hope a mature adult wouldnt rip a parent from a child...or take somewhere the parent is not able to see other parent that would hurt the child....(I am not stating thats the case here either but in general people split and forget whos really Watching no matter the age children see feel and many times understand.)

Taking out of the country well thats also another thing you need both parents if on birth records to sign for the passport application and some instances a signed statement from parent not traveling with child...

I would find legal counsil and set custody right away in case he can too petition for his child.

Edited by Anitafeliz

:girlwerewolf2xn: Ana (L) Felix :wub:

K1 March Filer 2016

Interview Approved August 19, 2016

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DISCLAIMER: Please excuse my ABC & Gramm@r I am not an editor...

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Also some judges would find at this time best interest of the child is with dad since you are living in a hotel. Dads in the family home where your child has his toys bed ect. You need legal council asap.

:girlwerewolf2xn: Ana (L) Felix :wub:

K1 March Filer 2016

Interview Approved August 19, 2016

POE September 25, 2016

AOS November Filer 2016

DISCLAIMER: Please excuse my ABC & Gramm@r I am not an editor...

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Filed: IR-1/CR-1 Visa Country: Morocco
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According to North Carolina law, if a parent violates another parent’s custodial or visitation rights by keeping the child away from that parent, it is considered parental kidnapping. This is the result if a parent simply refuses to return the child, and when a parent flees with a child

you can not take the child out of north carolina without his consent

as to the other you will find you do need to file police reports / some things can not be avoided / do you realize not filing can be worse if he follows and causes trouble

get a lawyer

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Filed: Other Country: Philippines
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How is your child not a citizen? Was he born here? Was the father a USC at the time of his birth? If the dad is USC and the kid is here in the US with a greencard then he is a citizen.

Yes, my spouse is USC. My husband was not able to get him citizenship because he lived outside the U.S. for many years.

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Filed: Other Country: Philippines
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Also some judges would find at this time best interest of the child is with dad since you are living in a hotel. Dads in the family home where your child has his toys bed ect. You need legal council asap.

I am really thinking of leaving my child with him. As of now, I have nothing, no car, no place to stay. I do have a job but it is outside the State where I live. I want to get an Apt. or house, but very impossible to get one that is close to my work place or coworkers who I can carpool with. I am just lost. It's going to be hard to leave my kid as I know how he can be neglectful with him.

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Filed: Other Country: Philippines
Timeline

According to North Carolina law, if a parent violates another parent’s custodial or visitation rights by keeping the child away from that parent, it is considered parental kidnapping. This is the result if a parent simply refuses to return the child, and when a parent flees with a child

you can not take the child out of north carolina without his consent

as to the other you will find you do need to file police reports / some things can not be avoided / do you realize not filing can be worse if he follows and causes trouble

get a lawyer

I do not want to hurt my husband even more by filing a police report. I forgave him and I want him to move on with his life. Thanks for the sharing with me the NC law.

Edited by lostwoman
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Filed: Timeline

Yes, my spouse is USC. My husband was not able to get him citizenship because he lived outside the U.S. for many years.

You mean your kid live outside the US for a long time? That doesn't matter. If the parent is a US citizen, the child is too.

You talk you teach, you listen you learn

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