shocking story

[calilove 0]

My fiancee just came here about 1 month on a K-1 visa. She has to marry me within 90 days, but we haven't yet. Recently her relatives that live about 2 hours away have been contacting her. Everytime i asked her what do they want, she says they just wanted to say hi and see how she is doing. Yesterday i came home from work, came to my surprise, she took off with them and took our baby along with her. I called the cops but they said she has the right to go anywhere, and also can take the baby anywhere she likes since that's her baby. She took her visa, passport and all the baby paperwork with her, the baby is a US citizen. Now i am so depress, and need everyone's help on this. What should i do, the cops cant do anything about this. Does she have the right to take the baby anywhere? what about back to Vietnam? please help me!!

Edited September 12, 2009 by calilove

[Rings 10]

Well there are a couple things that can change the dynamic of this situation so I am going to try to help you the best way i can here. If the child is yours and you are listed as the father on the birth certificate, then legally you have parenting rights to the child. If you are not listed as the father on the birth certificate, then you have no legal rights to the child unless you can establish paternity through DNA testing.

If she does not marry you within the 90 days then she will become an illegal immigrant, but because she has a child that is a US citizen then I am pretty sure there is something that she can file certain documentation allowing her to stay simply because she is the sole guardian of the child... unless she is not.

What I mean is, if you can prove that you are stable enough to care for the child then a judge may grant you full parenting rights and ship her back to her own country. If she takes the child to her country then it's a felony I think because that would be kingnapping a US citizen and that's something that can get her into a lot of trouble. Thats a federal offense.

I would wait the 90 days, turn her her in to ICE especially if you know where she is, obtain the phone records from her family because then she can be traced and file kidnapping charges against her if you are listed as the father on the birth certificate. If you're not listed as the dad, then file the kidnapping charges anyway and request DNA validation in court. If you wait out the 90 days then they will arrest her when they find her because she is illegally here. You can propbably even file kiddnapping now and she would still get arrested if they find her.

I don't know these are just my random thoughts. You can also call a lawyer for fathers and get advice with a free consultation. If you are the father they will fight for your rights.

Edited September 12, 2009 by Rings

[calilove 0]

Well there are a couple things that can change the dynamic of this situation so I am going to try to help you the best way i can here. If the child is yours and you are listed as the father on the birth certificate, then legally you have parenting rights to the child. If you are not listed as the father on the birth certificate, then you have no legal rights to the child unless you can establish paternity through DNA testing.

If she does not marry you within the 90 days then she will become an illegal immigrant, but because she has a child that is a US citizen then I am pretty sure there is something that she can file certain documentation allowing her to stay simply because she is the sole guardian of the child... unless she is not.

What I mean is, if you can prove that you are stable enough to care for the child then a judge may grant you full parenting rights and ship her back to her own country. If she takes the child to her country then it's a felony I think because that would be kingnapping a US citizen and that's something that can get her into a lot of trouble. Thats a federal offense.

I would wait the 90 days, turn her her in to ICE especially if you know where she is, obtain the phone records from her family because then she can be traced and file kidnapping charges against her if you are listed as the father on the birth certificate. If you're not listed as the dad, then file the kidnapping charges anyway and request DNA validation in court. If you wait out the 90 days then they will arrest her when they find her because she is illegally here. You can propbably even file kiddnapping now and she would still get arrested if they find her.

I don't know these are just my random thoughts. You can also call a lawyer for fathers and get advice with a free consultation. If you are the father they will fight for your rights.

Both of our names are on the child's birth certificate. Trust me i've tried calling the cops saying she kidnapped my child, but they said since she's the mother of the child, she has the right to take the child anywhere she likes, and they can't do anything about it. They even said she can take the child to Vietnam if she likes. Even God is on her side

[Dakine 26]

My fiancee just came here about 1 month on a K-1 visa. She has to marry me within 90 days, but we haven't yet. Recently her relatives that live about 2 hours away have been contacting her. Everytime i asked her what do they want, she says they just wanted to say hi and see how she is doing. Yesterday i came home from work, came to my surprise, she took off with them and took our baby along with her. I called the cops but they said she has the right to go anywhere, and also can take the baby anywhere she likes since that's her baby. She took her visa, passport and all the baby paperwork with her, the baby is a US citizen. Now i am so depress, and need everyone's help on this. What should i do, the cops cant do anything about this. Does she have the right to take the baby anywhere? what about back to Vietnam? please help me!!

Something isn't clicking. If she was a scammer she'd hang in for the GC!

[ScottThuy 140]

Well there are a couple things that can change the dynamic of this situation so I am going to try to help you the best way i can here. If the child is yours and you are listed as the father on the birth certificate, then legally you have parenting rights to the child. If you are not listed as the father on the birth certificate, then you have no legal rights to the child unless you can establish paternity through DNA testing.

If she does not marry you within the 90 days then she will become an illegal immigrant, but because she has a child that is a US citizen then I am pretty sure there is something that she can file certain documentation allowing her to stay simply because she is the sole guardian of the child... unless she is not.

What I mean is, if you can prove that you are stable enough to care for the child then a judge may grant you full parenting rights and ship her back to her own country. If she takes the child to her country then it's a felony I think because that would be kingnapping a US citizen and that's something that can get her into a lot of trouble. Thats a federal offense.

I would wait the 90 days, turn her her in to ICE especially if you know where she is, obtain the phone records from her family because then she can be traced and file kidnapping charges against her if you are listed as the father on the birth certificate. If you're not listed as the dad, then file the kidnapping charges anyway and request DNA validation in court. If you wait out the 90 days then they will arrest her when they find her because she is illegally here. You can propbably even file kiddnapping now and she would still get arrested if they find her.

I don't know these are just my random thoughts. You can also call a lawyer for fathers and get advice with a free consultation. If you are the father they will fight for your rights.

If she does not marry him within the 90 days she will be out of status and is required to return to VN. The child is a USC and cant be taken out of the country w/o his consent. I dont want to pry into the why's and what happened in the past month, but if she bailed.. she is screwing herself over.... The fact that she has the child is a civil matter and can only be addressed in family court.

Hs she contacted you since she left? Did you call the relatives?

[calilove 0]

Well there are a couple things that can change the dynamic of this situation so I am going to try to help you the best way i can here. If the child is yours and you are listed as the father on the birth certificate, then legally you have parenting rights to the child. If you are not listed as the father on the birth certificate, then you have no legal rights to the child unless you can establish paternity through DNA testing.

If she does not marry you within the 90 days then she will become an illegal immigrant, but because she has a child that is a US citizen then I am pretty sure there is something that she can file certain documentation allowing her to stay simply because she is the sole guardian of the child... unless she is not.

What I mean is, if you can prove that you are stable enough to care for the child then a judge may grant you full parenting rights and ship her back to her own country. If she takes the child to her country then it's a felony I think because that would be kingnapping a US citizen and that's something that can get her into a lot of trouble. Thats a federal offense.

I would wait the 90 days, turn her her in to ICE especially if you know where she is, obtain the phone records from her family because then she can be traced and file kidnapping charges against her if you are listed as the father on the birth certificate. If you're not listed as the dad, then file the kidnapping charges anyway and request DNA validation in court. If you wait out the 90 days then they will arrest her when they find her because she is illegally here. You can propbably even file kiddnapping now and she would still get arrested if they find her.

I don't know these are just my random thoughts. You can also call a lawyer for fathers and get advice with a free consultation. If you are the father they will fight for your rights.

If she does not marry him within the 90 days she will be out of status and is required to return to VN. The child is a USC and cant be taken out of the country w/o his consent. I dont want to pry into the why's and what happened in the past month, but if she bailed.. she is screwing herself over.... The fact that she has the child is a civil matter and can only be addressed in family court.

Hs she contacted you since she left? Did you call the relatives?

I don't think she cares or aware of the laws in the US. She is listening to her relatives. One time she told me we can come to their relatives and work for them, her relatives said she doesnt need a liscence or anything to work since they own the nail shop. At this point i just want the custody of the child and kick her back to Vietnam. But the cops said she has the rights to go anywhere with the child without my permission.

Edited September 12, 2009 by calilove

[ScottThuy 140]

How do you know she went with them? Did she leave a note or call you about it? If she did... did she say what she is planning? Call them.... or drive the 2 hours to talk to her to figure out what the deal is.. let her know she is here on a visa to marry and cant adjust staus any other way that to marry you... being the parent of the child will not keep her here...

Edited September 12, 2009 by ScottThuy

[calilove 0]

How do you know she went with them? Did she leave a note or call you about it? If she did... did she say what she is planning? Call them....

She doesn't know anyone over here, except her relatives, and lately they kept calling her almost everyday, i was too busy working all day so i didnt really pay closed attention. She called me yesterday after she left, saying she's far away and this is the last time she'll call me, and hung up. I called the numbers that been calling asking for her, but they denied the fact that they have no ideas who im talking about. They only picked up if i call them with a different number other than the number they originally contacted her

Edited September 12, 2009 by calilove

[Teacher Mark 53]

Sorry to hear about this. She may try to claim abuse. Luckily you didn't marry her.

Here's a forum dedicated to situations like this:

http://www.visajourney.com/forums/index.php?showforum=127

[ScottThuy 140]

How do you know she went with them? Did she leave a note or call you about it? If she did... did she say what she is planning? Call them....

She doesn't know anyone over here, except her relatives, and lately they kept calling her almost everyday, i was too busy working all day so i didnt really pay closed attention. She called me yesterday after she left, saying she's far away and this is the last time she'll call me, and hung up. I called the numbers that been calling asking for her, but they denied the fact they have no ideas who im talking about. They only picked up if i call them with a different number other than the number they originally contacted her

If I knew where the realtives lived I would spend the time and drive there.. but at a minimum call the family and explain to them that you love her and dont want to lose her.... You guys went through alot and listening to her relatives could cost you both everything you have... Based on what you said she is very confused and misinformed.... you must admit she's still young and impetuous..

[calilove 0]

How do you know she went with them? Did she leave a note or call you about it? If she did... did she say what she is planning? Call them....

She doesn't know anyone over here, except her relatives, and lately they kept calling her almost everyday, i was too busy working all day so i didnt really pay closed attention. She called me yesterday after she left, saying she's far away and this is the last time she'll call me, and hung up. I called the numbers that been calling asking for her, but they denied the fact they have no ideas who im talking about. They only picked up if i call them with a different number other than the number they originally contacted her

If I knew where the realtives lived I would spend the time and drive there.. but at a minimum call the family and explain to them that you love her and dont want to lose her.... You guys went through alot and listening to her relatives could cost you both everything you have... Based on what you said she is very confused and misinformed.... you must admit she's still young and impetuous..

At this point, i just wish there's a way to get the baby in my hands right away, but the cops can't do anything about it, i miss my child so much

[redglasses 1]

I am no expert on this, but you can try a local FBI office to report the parental kidnapping.

If she takes the child back to her country, there is almost no way taking the child back since Vietnam isn't a signatory country of the Hague Convention on the Civil Aspects of International Child Abduction.

Edited September 12, 2009 by redglasses

[ScottThuy 140]

I am no expert on this, but you can try a local FBI office to report the parental kidnapping.

If she takes the child back to her country, there is almost no way taking the child back since Vietnam isn't a signatory country of the Hague Convention on the Civil Aspects of International Child Abduction.

She just went through alot to get here.. not likely to run back to VN.. More likely to be on the lamb working for relatives under the table....

[JimVaPhuong 4,863]

Someone in another forum and thread described this scenario as "pulling a runner". That means the beneficiary arrives on US soil, and at the first opportunity they disappear.

Something is very wrong about this scenario. Unless this relationship fell apart after she arrived, then she just used you to get a ticket across the border and into the US. Whatever her relatives have said to her wouldn't change this. You can't talk someone out of being in love. Any chance of those "relatives" is an old boyfriend?

Unfortunately, the police can't do anything about the child unless she's violating a child custody order. If you want to keep her from taking the child back to Vietnam (if that's her plan) then you need to get a family law attorney fast. If you can get a temporary custody order, then you can ask the court to seize the child's passport until final custody can be determined. Otherwise, there is nothing you can do to prevent her from leaving the country with the child. There are no protective measures in place to prevent a US citizen from leaving the US with a valid passport.

[calilove 0]

I am no expert on this, but you can try a local FBI office to report the parental kidnapping.

If she takes the child back to her country, there is almost no way taking the child back since Vietnam isn't a signatory country of the Hague Convention on the Civil Aspects of International Child Abduction.

i just read this Parental Kidnapping Law, does this mean she can't take the child back to Vietnam??

Parental Kidnapping

International parental kidnapping. “Whoever removes a child from the United States or attempts to do so, or retains a child (who has been in the United States) outside the United States with intent to obstruct the lawful exercise of parental rights shall be fined under this title or imprisoned not more than 3 years or both.” 18 USC §1204(a) (2008).