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MikaMika Newbie

MikaMika   0

Posted
Filed: Other Timeline
Posted

Hi.. I need some advice on this. What can I do? My husband and I are most likely divorcing soon. I mean I want to divorce and go back to my home country. He wants it too but he is not doing anything for it. Not filing papers, not saving money for the divorce fee or any of the kind. We have a baby in common (my husband is not a biological father, yes he knows he is not). Emotional abuse in the family has gotten so high lately that I am ready to leave the country even without the divorce, because the divorce will take too long. But apparently I cannot. And frankly I am giving up on life gradually, but the fact that I have kids, makes me keep hanging in there. To leave this country I need another parents consent to make a child passport. I will also need his paper to give my baby my own citizenship as we are married. What makes things worse - I am literally locked in the house with no car. He would not give me any money at all, as he is always saying its "his", and no car. So basically me and my baby are hostages, yes literally.. He is not divorcing me, nor letting us go, nor signing the papers for passports. Another thing, he never filed the papers for my adjustment, and I am very much past due.. This has been lasting for about 8 months. His financial situation is worse than bad. Keeps threatening me with immigration control (I am a wife and mom of US citizen but I am alas still not adjusted) and take away my baby(what for?).

So my question is.. How to go back to my home country with my baby considering he is not going to do anything to help it? He is always lazy watching YouTube videos and drinking beer. He has time for this. And when he gets drunk there goes another emotional abuse. Believe me I am tired. I just want to let go. When I tried to ask him sign divorce papers, he said he is not going to sign anything. Which is OK, his permission is not needed. But I cannot even apply since he is not giving me the car.

PS.. Not sure if it counts but, he didn't mail order me.. I came here on tourist visa, paid for my trip myself, and was supposed to come back. He asked me to stay and marry him here because probably did not want to wait till Fiancée visa is approved, I do not know. I was confused but ok and then I invested over 6,000 to start a good life to get furniture and appliances, and even groceries because at that time he didn't have money even for this (told me he was "having temporary problems at work but do not worry things will get better here in a few so we can file for your paperwork" , this has never happened)

chulo Apprentice

chulo   1

Posted
Filed: K-3 Visa Country: Dominican Republic
 Timeline
Posted

the longer you continue to beg for him to help you. forget it! take control for you and your child. take whatever papers and visa you have and go to the local immigration office.....keep going to the shelter for woman/child. mental abuse is just as wounding as physical abuse....as long buses are running or taxi you have transportation.walk if you have to....or stay in your situation....YOUR CHILD IS YOUR FIRST ORDER OF THE DAY TO PROVIDE FOR THEIR SAFETY AND SHELTER .....

TBoneTX Grand Master

TBoneTX   45,498

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

Find a shelter for abused women, and call them. Such shelters often have an attorney available to help with legal issues, such as immigration status.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

belinda63 Experienced

belinda63   3,038

Posted
Filed: Citizen (apr) Country: Iran
 Timeline
Posted

Sounds like what is holding you back is lack of money for plane tickets and the permission to take the child out of the country. You are correct that both these issues could be addressed in a divorce court. You should start by calling your local legal aid society or bar association and seeking a pro-bono attorney to file your divorce. You have to remember that just because you are the mother does not guarantee you will receive custody or if you do that the court will give you permission to remove the child from the country.

The other position would be to contact your local domestic abuse system or women's shelter and seek help there.

Ontarkie Grand Master

Ontarkie   14,275

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

I don't know what would be easier getting a court to let you take the baby out of the US or getting your husband removed as the father. Is the real father a US Citizen or someone back home? Look into that also while you go after a divorce, he may be willing to clear up paternity in order to avoid child support.

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

DJ&L Enthusiast

DJ&L   83

Posted
Filed: K-1 Visa Country: China
 Timeline
Posted

Did your husband adopt the baby? Where is the biological father?

USCIS / VSC
3/08/2013: Sent I-129F to Dallas Lockbox
3/12/2013: NOA1 Issued
3/15/2013: NOA1 Received (VCS)

7/10/2013: Transferred to TCS

7/25/2013: RFE

7/31/2013: RFE Response Received
8/07/2013: NOA2

NVC

8/16/2013: Sent to NVC
8/21/2013: NVC received
8/26/2013: Case number

US Consulate Guangzhou

8/28/2013: P3
9/14/2013: P3 Sent
9/16/2013: P3 received by GUZ

9/24/2013: P4 received via email

10/22/2013: Interview - Approved

10/24/2013: Visa Issued

10/30/2013: Passport available for pickup.

USCIS California

6/17/2016 I-751 Sent

MikaMika Newbie

MikaMika   0

Posted
Filed: Other Timeline
  • Author
Posted

Hi, thank you for all your answers!.. Well the child was born after Me and my husband got married, and my husband is officially a father on the paper in child birth certificate(no adoption ever took place..) Someone told me that in Texas they always make paternity or DNA test during the divorce and it might help me. But I'm not divorcing yet I am finding a way to.

Biological father is in my home country, we never talk.

Shelter is a good thing yes. Are the able to come pick me up or do I have to get wheels of my own? Can I be 100% sure that my baby will follow me after the shelter starts a legal process? It will not be a deportation, right?

MikaMika Newbie

MikaMika   0

Posted
Filed: Other Timeline
  • Author
Posted

Missed the part about him not being the father. What kind of passport does the child have or would it be eligible for? Is your spouse's name on the birth certificate?

Well right now my baby is eligible for US passport as a born citizen and my home country passport. Sort of like a second citizenship. And for that I am trying to figure out how to get wheels. My town is small there is not public transport here. Maybe taxi will be good but my financial situation is ... So I am trying to figure out what is less dangerous, less expensive and less risk. If there is such a thing of course.
belinda63 Experienced

belinda63   3,038

Posted
Filed: Citizen (apr) Country: Iran
 Timeline
Posted

As of right now the child is legally the child of your spouse. That is something that would have to be dealt with in court. You would need your spouse's permission to leave the country with the child.

Find the number of a local shelter or call the non-emergency number for the police station and ask for the phone number for the local shelter. The one for abused women, not for homeless people. They can get someone to come pick you up.

Ontarkie Grand Master

Ontarkie   14,275

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

~~One post removed for TOS violations - Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.~~

~~Do not repeat such action~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

Sandra G. Veteran

Sandra G.   5,051

Posted
Filed: Other Country: Brazil
 Timeline
Posted

mikamika you can ask the shelter if they can pick you up,if they can't then ask the police to take you there,they will drop you off there.In order not to have problem regarding "parental kidnapping" , as soon you get in the shelter, find a pro bono lawyer and go to the court to inform the child's whereabouts.We have here one person that went to the shelter and did not go to the Court,the husband went to the Court and the child was taken away from her for almost 30 days, then you need to tell the Court where you are staying with the child as soon you leave.

Do not forget to remind your lawyer that he has to ask privacy regarding your address in the court papers in order no to disclose your address with your husband or his lawyer.Your lawyer can ask the Court for your husband to pay your travel expenses back home with your child.

altonbebe Enthusiast

altonbebe   48

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
Posted

Do not cross state line with your child. Stay within the state boundaries that you reside in.

If you cross state lines, you can be charge with kid napping. Be careful about this.

Please keep in mind that some dates are only known after receipt of another document.
For example, the USPS Form 3811. The stamped receiving date was not know until the original Form 3811 was received on 07/13/2013 1:30 p/m CST.

07/05/2013 3:07 p/m CST I-129F pouch tendered to United States Postal Service in Houston, TX
07/09/2013 UNKNWN USPS Form 3811 / Signiture Receipt Card / Stamped and Received at USCIS Dallas Lockbox *
07/09/2013 UNKNWN USCIS / WEB SITE / receives petition and mails notice
07/12/2013 UNKNWN I-129F Check Presented to bank for payment
07/12/2013 2:51 p/m CST Text Message Received / G-1145 / I-129F Form / VSC - Documents sent to VSC
07/12/2013 2:51 p/m CST Email Received Received / G-1145 / I-129F Form / VSC - Documents sent to VSC
07/12/2013 UNKNWN I-129F Check coverted to ACH Payment to USCIS DALLAS PAYMENT
07/13/2013 1:30 p/m CST USPS Form 3811 / Signiture Receipt (GREEN) Card received from USCIS Dallas Lockbox *
07/13/2013 4:24 p/m CST USCIS / WEB SITE / Set up user account to track case status / https://egov.uscis.gov/cris/logon.do
07/15/2013 4:24 p/m CST USCIS / WEB SITE / Indicates "ACCEPTANCE"
07/16/2013 7:30 p/m CST USCIS / WEB SITE / Log in to check site / Indicates "INITIAL REVIEW"
07/17/2013 UNKNWN I-797C, Notice of Action (NOA1) / Received in mail today. (Notice Date : 07/11/2013, VSC) (Stamp date on envelope : 07/15/13)

* Advising case has been opened.
07/18/2013 8:31 p/m CST Email Received / USCIS / Advising Alien Registration Number has been changed
07/18/2013 8:35 p/m CST Text Message Received / USCIS / Advising "My Case Status" has been updated at www.uscis.gov
07/18/2013 8:31 p/m CST Email Received / USCIS / Advising Alien Registration Number has been changed
07/18/2013 8:35 p/m CST Text Message Received / USCIS / Advising "My Case Status" has been updated at www.uscis.gov

08/07/2013 6:45 p/m CST Text Message Received / USCIS / Advising "My Case Status" has been updated at www.uscis.gov

08/07/2013 6:47 p/m CST Text Message Received / USCIS / Advising "My Case Status" has been updated at www.uscis.gov

08/07/2013 7:00 p/m CST Text Message Received / USCIS / Advising "My Case Status" has been updated at www.uscis.gov

08/09/2013 6:30 p/m CST Email Received / USCIS / Case has been transfered from VSC

08/09/2013 UNKNWN I-797C, Notice of Action (NOAT) / Rcv'd in mail (Notice Date : 08/06/2013, VSC) (Stamp date on envelope : 08/07/2013)**

** Advising that the case has been transfered from VSC to TSC

08/09/2013 7:30 p/m CST USCIS / WEB STIE / Logged in to check site / Indicatted "INITIAL REVIEW

08/26/2013 8:45 p/m CST Email Recieved / USCIS / On 08/26/13, we mailed you a notice that we have approved this I129F PETITION FOR FIANCE(E).

08/26/2013 8:47 p/m CST Text Message Received / USCIS / Advising "My Case Status" has been updated at www.uscis.gov

08/26/2013 8:48 p/m CST USCIS / WEB STIE / Logged in to check site / Indicatted "POST DECISION ACTIVITY"

08/27/2013 7:15 a/m CST Text Message Received / USCIS / Advising "My Case Status" has been updated at www.uscis.gov

08/27/2013 7:15 a/m CST Email Received / USCIS / On August 27, 2013, we shipped this approved or re-affirmed case to the Department of State for visa processing.

08/29/2013 UNKNWN I-797C, Notice of Action (NOA2) / Rcv'd in mail. (Notice Date : 08/26/2013) (Stamp date on env. : 08/27/18) / Advising i-129F has been APPROVED.

09/05/2013 UNKNWN Phone Call to NVC / Petition received and MNL Number issued

09/06/2013 15:58 EST Documents shipped out via DHL AWB 8774193982 ( http://www.visajourney.com/forums/topic/302190-dhl-tracking-from-nvc-to-us-embassy/ ) EXCELLANT

09/09/2013 10:45 MNL Documents rcvd at Embassy signed for L Bernardion

Summary : Date mailed : 07/05; Docs rcv'd USCIS : 07/09; NOA1 issued : 07/11; NOA2 issued : 08/26, NOA2 rcv'd in mail : 08/29; NVC Rcv'd : 09/05/; MNL Emby rcv'd docs : 09/09

Total Number of Days : 67 days (Mailing date of I-129F at U.S. Post Office to Receipt of documents in Manila Embassy)

Projected Dates (Not Actual Dates) : Based on research on VJ Website, other members statements, and documents going to VSC Service Center
07/18/13 : Based on timeline data, your I129f may be adjudicated between December 11, 2013 and December 24, 2013

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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