Legal Advice Needed

[edjohnson 0]

US Citizen Married Foreign Spouse Abroad

Foreign Spouse came on Spousal Visa

Foreign Spouse worked through entire immigration process to get two year green card.

US Citizen and Foreign Spouse have Child in USA

Now Marriage is in death throes

Coming up on deadline to adjust status, assuming Foreign Spouse will file adjustment, should US Citizen cooperate?

Need to find legal advice, maybe representation in Indiana, Ohio, Kentucky Tristate Region

Foreign Spouse threatens to take child to country of origin.

Need to know the best way to prevent it

Edited April 4, 2013 by edjohnson

[Jawaree 717]

Well if the marriage was in good faith, a child also conceived I don't know if You can stop

him continuing the process if love jumped thru the widow....The state dept. often times warn USC

about those countries that the men OWNS the kids and if the kids end up there its not much the US

can do... in the meantime DO NOT take out a PP for your child, report his threat to take the child,

alert the school, and places your child happens to be without you, save your money its expensive to

get back a child kidnapped by another parent from certain countries...and read BETTY MAHMOOD's book

"NOT WITHOUT MY DAUGHTER", she actually went into the country on vacation & her PP was taken, she could

not get an exit visa, and the US embassy could do nothing but beg for her to no avail...Be very alert.

[Boiler 43,634]

Unikely a US court would allow a child to depart with a parents objection.

You need a Divorce lawyer. Spouses ROC are no longer your concern.

[Tim/Mav 305]

Not legal advice but: It is called "A break-up" ... You have no rights really... You will have the right to pay Child Support on time and regularly though. I hope you and your family get through this and make amends. Sorry to see this happen but you know: It really maynot be concluded and you can work with eachother.

[Tim/Mav 305]

Well if the marriage was in good faith, a child also conceived I don't know if You can stop

him continuing the process if love jumped thru the widow....The state dept. often times warn USC

about those countries that the men OWNS the kids and if the kids end up there its not much the US

can do... in the meantime DO NOT take out a PP for your child, report his threat to take the child,

alert the school, and places your child happens to be without you, save your money its expensive to

get back a child kidnapped by another parent from certain countries...and read BETTY MAHMOOD's book

"NOT WITHOUT MY DAUGHTER", she actually went into the country on vacation & her PP was taken, she could

not get an exit visa, and the US embassy could do nothing but beg for her to no avail...Be very alert.

Sometimes, and this maynot be the Case: That we ASSUME the worst and it maybe a "SPAT". So, this advise of KILLING EACHOTHER maybe inappropriate for now. Meanning: Not trying to AXE eachother but try and save something.

[Jawaree 717]

That was my opinion...don't come here to be disrespected just responding to the lady

neither am I telling her to walk away I said "IF love jump thru the window", don't

want to be attack for any of my comments here because I AM NOT A RUDE PERSON... thank U

[NigeriaorBust 4,087]

By "coming on a spousal visa" do you mean K3 or Cr1 ? If the visa was a K3 and no AOS has been filed then the USC would be smart to withdraw thsupport. Lying to pretend the marriage is healthy can lead to fines and imprisionment. If the person came on a CR1 you are talking about ROC not AOS and he can go through it with a waiver when you divorce. Once again do not lie to immigration.

@Tim/Mav the OP said the relationship is over, they aren't looking for marriage consuling they are looking to sever the relationship.

[Tim/Mav 305]

By "coming on a spousal visa" do you mean K3 or Cr1 ? If the visa was a K3 and no AOS has been filed then the USC would be smart to withdraw thsupport. Lying to pretend the marriage is healthy can lead to fines and imprisionment. If the person came on a CR1 you are talking about ROC not AOS and he can go through it with a waiver when you divorce. Once again do not lie to immigration.

@Tim/Mav the OP said the relationship is over, they aren't looking for marriage consuling they are looking to sever the relationship.

I see No intention of severing the relationship any futhur in this post. What I do see is DAMAGE that wishes to be avoided but needs to ASK . I see a Afraid/Theatened Parent. I see a Parent Scared by what MAY/MAYNOT happen. A relationship is never Over when a Child is Involved.

[Cathi 5,618]

I see No intention of severing the relationship any futhur in this post. What I do see is DAMAGE that wishes to be avoided but needs to ASK . I see a Afraid/Theatened Parent. I see a Parent Scared by what MAY/MAYNOT happen. A relationship is never Over when a Child is Involved.

a relationship is over when a parent threatens to kidnap a child. The US citizen needs to report threat to authorities, divorce spouse, and sever all ties. Why put the child at risk, ever?

[NigeriaorBust 4,087]

The worse thing a person can do is stay in a rotten relationship "because of the child". No one has the right to torture a child like that. The relationship can be over when a child is involved. If one parent isn't behaving in a sane fashion you file a protective order that includes any place that person may try to contact the child such as home, school,daycare and don't be afraid to dial 911. If the parents are not a danger to the child then they can work out a co parenting plan but the really never have to see each other.

[Boiler 43,634]

Perhaps a mod can split the marriage guidance posts into a separate thread.

[Penguin_ie 5,986]

*** one post removed for bad language/ personal attack. Stick to giving immigration advice as asked for, the OP did not ask for marriage counselling ****

[erynaught 43]

If you have reason to believe that the threat of leaving the country with your child is real, then would highly recommend:

1) If child does not have US or other passport, notify DOS and every embassy/consulate of spouse's country in the US that you do not give permission for your child to be issued a passport. Include clear facial photographs of child and spouse. Notarize letter.

2) If child does have a US or other passport, notify immigration and airlines at major aiports your spouse may use that you do not give permission for your child to travel abroad. Include clear facial photographs of child and spouse and passport information of both if you have it. Notarize letter. If a single parent attempts to board an international flight with a minor child, many airlines require a letter of permission from the absent parent, or a statement of sole legal custody or death certificate. If a land crossing or seaport departure is likely, I would ensure that people at those crossings are aware of who your spouse and child is and that you have not given permission for your child to travel abroad.

3) File for a temporary protective order and restraining order, preferably in conjunction with sole temporary custody of the child until all the issues are worked out for a permanent dissolution of the marriage.

As noted in a previous post above, once the child gets out of the US it can become very expensive and extremely difficult to bring the child back into the US. I would work myself beyond the point of exhaustion to ensure this didn't happen.

[Brother Hesekiel 2,235]

US Citizen Married Foreign Spouse Abroad

Foreign Spouse came on Spousal Visa

Foreign Spouse worked through entire immigration process to get two year green card.

US Citizen and Foreign Spouse have Child in USA

Now Marriage is in death throes

Coming up on deadline to adjust status, assuming Foreign Spouse will file adjustment, should US Citizen cooperate?

Need to find legal advice, maybe representation in Indiana, Ohio, Kentucky Tristate Region

Foreign Spouse threatens to take child to country of origin.

Need to know the best way to prevent it

Unless the foreign spouse came with a K-3 visa, which is long obsolete, there is no Adjustment of Status for somebody who came with a spousal visa.

[Villanelle 4,121]

There are certain things missing from your post

US Citizen Married Foreign Spouse Abroad

Foreign Spouse came on Spousal Visa

Foreign Spouse worked through entire immigration process to get two year green card.

worked?? worked how? worked meaning literally worked/employed or worked meaning 'scammed' his/her way through the marriage by enduring it long enough to make it to the ROC process?

US Citizen and Foreign Spouse have Child in USA

Is the child a USC?

Now Marriage is in death throes

Are you separated? Living together? Have divorce papers been filed yet to your knowledge?

Coming up on deadline to adjust status, assuming Foreign Spouse will file adjustment, should US Citizen cooperate?

Im assuming you have not looked at the form to remove conditions. If the alien files a joint petition you the USC must sign it. You would not do this unless you are going to be signing that the marriage is still legitimate- otherwise the alien is going to have to file with a waiver with out your signature. Divorce papers will then need to be filed and quickly because the alien will need to submit them pretty much asap. Basically the alien will submit the petition with out them, get an RFE asking for them, have to explain they dont have them yet, get called before a judge who will give them time to come back when the divorce is final. Its messy but theres provisions for it- but its not your problem.

Need to find legal advice, maybe representation in Indiana, Ohio, Kentucky Tristate Region

This is an diy immigration site not a legal aid or referral site so you most likely are not going to find a lot of referrals here. Try Avvo. I believe they have reviews on lawyers there.

Foreign Spouse threatens to take child to country of origin.

IF the child is a USC you can put a block on the other parent obtaining a passport for the child by following instructions here-

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

form-

http://www.state.gov/documents/organization/80112.pdf

IF your child already has a passport, you must go to court and request the court to hold it until the custody issue is resolved.

The website above also advises you to contact the country your spouse is from and inquire about blocking the ability of your spouse from possibly obtaining passports for the child through that country (dual citizenship cases)

"the Department cannot prevent other countries from issuing their passports to children who are also their nationals. You can, however, ask a foreign embassy or consulate in the United States not to issue a passport to your child. Send the embassy or consulate a written request, along with certified complete copies of any court orders you have which address custody or the overseas travel of your child. In your letter, inform them that you are sending a copy of this request to the United States Department of State. If your child is only a United States citizen, you can request that no visa for that country be issued in his or her U.S. passport. Just keep in mind that no international law requires compliance with such requests, although some countries may comply voluntarily.

IMPORTANT: The United States government does not have exit controls at the border. The U.S. government does not check the names or the documents of travelers leaving the United States. If your child has a valid passport from any country, he or she may be able to travel outside the United States without your consent."