Unfortunated!

[raysfan 0]

I got married almost two years ago and since she moved here with a 2 years visa this is being hell!!! I came to the conclution that she only got married with me to get her green card! We had a son he is only 6 months and was born here in US. She moved here las August 09 and we had do a AOS to since her CR1 was only for 2 years. She wants to go back to her country now for 2 months taking my son with her but I have the feeling that she just want to stay away. I have a daughter that leave with me on the weekends but my wife has it against her since day one. Now the situation is terrible and she things she can just take my son away and that's it!!!

Any thoughts on that!!! I'm very confused and have no idea on how to handdle the situation.

Thank you!!!!

[LIFE'SJOURNEY 970]

If the son is an USC, then she can not take the child out of the US without your permission. The rest of the story is on you, do you want to save your marriage, then maybe some martial counseling might help.

[VanessaTony 3,567]

We can't really advise you unless you ask us a question. What do you want? Do you want a divorce? Do you want to know if she can take the kid? Do you wanna know about her GC status? Without a qn you can get no right answer...

** moved from "Adjustment of Status (Green Card) from Family Based Visas" to Effects of Major Family Changes on Immigration Benefits as this isn't an AOS qn and is more a Major Family change issue**

Edited May 29, 2010 by Vanessa&Tony

[JimVaPhuong 4,863]

Normally, permission is required from both parents in order to obtain a passport for a minor child. However, one parent can obtain a passport if they can convince the Department of State that the permission of the other parent is not required. Examples are if the other parent is dead, or the parent submitting the application has sole custody of the child, etc. There have been cases where people have submitted fraudulent documentation and obtained passports for their minor children without consent from the other parent, even though consent was legally required. To be honest, Department of State simply cannot always verify that the submitted documentation is valid because the federal government is not the custodian of the records which are submitted - each state handles that. Consequently, there have been cases of parental international child abduction in spite of DoS's best efforts to prevent them.

Contact the Department of State's Children's Passport Issuance Alert Program and enroll your son.

http://travel.state.gov/abduction/prevention/passportissuance/passportissuance_554.html

You will be notified if there is any attempt to obtain a passport for him.

It sounds like you're sure that this marriage is on the rocks. Hire a divorce attorney and get busy.

[raysfan 0]

We can't really advise you unless you ask us a question. What do you want? Do you want a divorce? Do you want to know if she can take the kid? Do you wanna know about her GC status? Without a qn you can get no right answer...

** moved from "Adjustment of Status (Green Card) from Family Based Visas" to Effects of Major Family Changes on Immigration Benefits as this isn't an AOS qn and is more a Major Family change issue**

At this point saving my marriage is not in my plans becuase as much as I want that she does not care!!!! I'm afraid that if she takes my son to her conuntry she will never conbach or try to do something to keep it away from me. The reason she is leaving "She is saying" is becuase of my 11 years old daughter, she does not like her and she look at her like her enemy!!!! Stupid but scary! and I can't take this any more!!! She is evil and always treating bad my daughter.

I don't know if I should let her take my son with her for 2 months like she said because she said she can't take her no more "which I don't get it" but that is the excuse that she is using but I think there is something else behind that, that I haven't been able to find out yet!

Thank you!!!!!

[Enlighten one :) 5]

You need to start legal preceding to determine parantal responsiblity.

Unfortunatly, there are ways to manipulate the system to get a passport for the baby.

My son's fathers name was not on the birth certificate. This allowed me to get a passport for my son without his father's permission. Father is controlling and would have denied the passport, because he could.