Separation and immigration

[friedtomatoes 0]

Long story short, I'm going through a rough patch with my husband, I'm currently in the U.S., I'm not yet a citizen, I would like to go back to my home country, we are on the verge of separation and I don't know where to turn. I literally have nothing, I know my ability to stay here glides out the window with my marriage if we divorce and was wondering if anyone has any idea how to deal with being stranded here, with 3 children, no money and no family to help me out? Is there anywhere I can turn to for a loan or anything as a non citizen, to get "home", rather than stay in a toxic marriage just because I'm helpless and have no access to money.

Thanks for your time!

[milimelo 4,156]

Contact your home country's embassy for repatriation loan.

[Sandra G. 5,006]

If you have kids with your husband then first of all you need his authorization in order for the kids to live abroad,and ask in your divorce for your husband to pay the tickets.

[Boiler 43,363]

Will your spouse agree to you taking the children?

[JohnR! 5,495]

You don't necessarily need to return home. You can always divorce and AOS on your own when the time comes - your chances don't necessarily disappear if you end your marriage. If you want to leave however, the best course of action is to contact the nearest consular representative from your country in the US and get some advice. You will need legal advice for the divorce itself. In addition, if your children are his then you will also have to consider getting legal permission from the US courts to take the children with you if you decide to leave.

Good luck!

Long story short, I'm going through a rough patch with my husband, I'm currently in the U.S., I'm not yet a citizen, I would like to go back to my home country, we are on the verge of separation and I don't know where to turn. I literally have nothing, I know my ability to stay here glides out the window with my marriage if we divorce and was wondering if anyone has any idea how to deal with being stranded here, with 3 children, no money and no family to help me out? Is there anywhere I can turn to for a loan or anything as a non citizen, to get "home", rather than stay in a toxic marriage just because I'm helpless and have no access to money.

Thanks for your time!

[tuckin14 58]

You didn't mention your immigration status. I assume (perhaps wrongly) that if you have 3 children, you've been married long enough to have your 10-year green card.

I don't know what your marital assets are, but you're entitled to basically 50% of whatever you accumulated together, even if it's in his name.

And if the children are his and they live with you, he will be required to pay child support commensurate with his income. However, you cannot just take the children home to your country. They are his children too. You would need his permission, or a court's permission, to take them with you, and I can't think of a reason a court would allow it if he objects. In fact, if you were to leave the USA and leave the children with him, you would probably have to pay him child support (although I'm not sure how that would be enforced if you're overseas).

I can tell you from experience two things about divorce:

a) Divorcing couples can make things a lot easier on them both by being cooperative and accepting the realities of their situation.

b) Very few divorcing couples do that.