Married with child-Husband wants a divorce

[bannie78 0]

I have a friend that is married to an American. They have been married for almost 2 years and have a wonderful child together. Our of the blue he came home one day and said he wanted a divorce. My friend is of course heartbroken, since she never saw this coming.

The husband also offered to pay for their plane ticket back to her home country (for her AND the child). He said he no longer wants anything to do with them and that is would be best for them to leave.

He also refuse to help her with anything involving her status as a permanent resident. I assume it's her 2 year permanent resident card that is about to expire. He said that if it requires him to sign anything, he will NOT do it.

So, here comes the question.

Will she be deported since she will no longer be married? They do have a child together and the child is an american citizen.

I do not think she has much money for a lawyer, so I am asking you guys if you have ever heard about a case like this.

Any help and thoughts would be great!

Edited November 6, 2008 by bannie78

[Chica Yeyé 41]

Well, the husband is be responsible for the child's sustenance, whether he likes it or not.

Tell your friend to contact an attorney TODAY. There are many that will take her case pro-bono.

She can remove conditions on her own, just proving she entered the marriage in good faith. And her child is a USC.

[YuAndDan 153]

Firstly the Child is a US Citizen.

Secondly if friend has a Green-card, then NO she will not be deported because of divorce.

If she has a Conditional Green-card, she can file to remove the conditions and file a waiver of the joint filing requirement if she can show that marriage was entered into in good faith. She can file I-751 the moment that a divorce is final no needing to wait until within 90 days of CR-Green-card expiration.

[KyngSilva 0]

This can start getting really ugly. She needs to start making calls to lawyers who will be able to help her here. It's really nice that the guy wants to pay for the ticket back home, but it does not work so easily. Make sure she understands that if they have a house and assets together that she has rights to them. That's why I recommend getting a lawyer who can work pro-bono. I'm highly interested in as to why he wants her to go back with the child. Seems like he does not want to pay child support. Anyways that is just horrible what he is doing and she should seek as much help as she can lay her hands on. Don;t let him take advantage of her!!

No she will not be deported.

[maya62 7]

To remove conditions on her own, she will need documentation that the marriage was in good faith and genuine. See the guide to removing conditions for a list of possible evidence that will help her. She should take as much of that with her if/when she leaves for another living arrangement.

A child, imho, is the best evidence that a marriage was legitimate, so the birth certificate, pictures of them as a family, mail addressed to them as a family are particularly valuable.

I agree... it sounds like this loser is just trying to avoid fulfilling his obligations to support his child, and possibly her as well. I wish her luck.

Try Catholic Charities for pro bono immigration help. They were very helpful to someone I know who was in a pickle.

Best wishes,

Maya

[LikeALadybug 2]

Her child's status does NOT give her any legal grounds to stay in the USA. Since the father/husband wants nothing to do with the child she is free to leave the country with that child although I would suggest she gets a court order or some sort of signed paper from the father/husband otherwise he can turn around and accuse her of kidnapping the child. I'm not sure if she can get child support if she leaves the country...

If she want to stay she should try and have the conditions removed like someone else said and she can obviously prove the marriage was legit.

For some odd reason the USA does not consider the mother of a child anything but that - if they were to deport her she could contest it because of the child's status and she will be in legal limbo for however long it takes them to settle it but she cannot work in the meantime from what I understand.