Planning to Separate from Husband

[Hope16 0]

Hello Everyone,

I am married to a USC for almost 6 years now. I have 10 years greencard, which got approved last year ( same with my kids). They are not USC yet..

My husband is very controlling and I am so done. He works and when he gets home, he spends his entire day in front of the computer playing games or watching movies online. I work on day time, when I get home, sometimes, our kids are not fed yet or very dirty. The house is also a mess and he does not even bother help me clean up. I feel so alone and unappreciated, he does not care what I feel at all. I do not feel like I have a husband anymore. He discouraged me from getting my driver's license. I recently had a miscarriage, before that I asked him to drive me to hospital for a check up; my past pregnancies were at risk because of my medical condition. He just answered me that it is a waste of time or 'what for'. After a week I asked my husband about the check up, I lost the baby...

I love him very much but he does not show he cares for me or the kids. He'd rather spend a lot of time in front of the computer than spend time with his family. I know you might say there are 2 sides to every story, but this is what happening now at home. I am planning to go back to my home country but also thinking about my kids' future there.

My questions are: Am I able to take the kids out of the country without my husband's consent since they are not US citizens. What if I go out the State, is it going to mark as kidnapping? What will happen to our 10 years greencard if I separate with my husband? Will I be able to apply for naturalization and is it going to affect the application of becoming a U.S. citizen in the future?

Please enlighten me. Thank you in advance!

P.S. If you have any advice for me for my husband to quit his addiction, I would be glad to listen.

[Ontarkie 13,919]

I think for many parts of your questions to be answered correctly we need to know if your kids are his kids?

You can leave your husband. You and the kids have your Green cards you do not need to stay in a bad marriage.

As for leaving the US or your State it's hard to answer as we don't know who the father is.

Edited March 13, 2016 by Ontarkie

[Hope16 0]

The kids are his biological children and so does mine. We were unable to get their citizenship because he did not have the required presence here in the U.S.

[Transborderwife 4,666]

The kids are his biological children and so does mine. We were unable to get their citizenship because he did not have the required presence here in the U.S.

Then no, you cannot leave the USA with them.

[Hope16 0]

Then no, you cannot leave the USA with them.

Thanks for the answer. Do you think it is also not allowed to take the kids out of State?

[Transborderwife 4,666]

Thanks for the answer. Do you think it is also not allowed to take the kids out of State?

Check your state laws

[NikLR 13,220]

If the kids are his kids, when they entered the USA they were supposed to get US passports not green cards. They obtained their citizenship (so to speak) when they arrived.

No you can't take them out of the country.

You keep your 10 year green card. If you are still married you can file for citizenship at 3 years or you can wait for 5 years. For 3 years you need to send relationship evidence.

Also go to planned parenthood and get birth control or stop having sex with a man who doesn't care if you miscarry.

Edited March 13, 2016 by NLR

[NikLR 13,220]

As for computer games, well some people become addicted to some games but honestly it doesn't sound like your husband is controlling, it sounds like he doesn't care. How old are your kids?

[Anh map 2,098]

Talk with a family law attorney to learn about your options concerning relocation.

[dmck 80]

In most cases you can't permanently leave the state either. You have to be careful about kidnapping laws. First move is to get out of the house.

[Adil & Jeanne 296]

Your opening statement said he was a US citizen then later you say this "We were unable to get their citizenship because he did not have the required presence here in the U.S. " so your post is confusing. If he is USC and kids are his they are US citizens also.

If he is USC, most states do not let you take the kids out of the state or country without his approval. If he is so interested in games and not family, ask him and attorney for this to happen. He may not care at all

Sorry this happened to you

[EM_Vandaveer 2,370]

Your opening statement said he was a US citizen then later you say this "We were unable to get their citizenship because he did not have the required presence here in the U.S. " so your post is confusing. If he is USC and kids are his they are US citizens also.

If he is USC, most states do not let you take the kids out of the state or country without his approval. If he is so interested in games and not family, ask him and attorney for this to happen. He may not care at all

Sorry this happened to you

You're wrong. Being a US citizen does NOT automatically mean that his children will get US citizenship at birth. To get a CRBA for kids born abroad the USC has to prove a physical presence of 5 years in the US (2 years of this must be after age 14).

However once the kids entered the US (I assume on immigrant visas) and were living with their USC father, they were supposed to be aquireing US citizenship....

[NikLR 13,220]

Your opening statement said he was a US citizen then later you say this "We were unable to get their citizenship because he did not have the required presence here in the U.S. " so your post is confusing. If he is USC and kids are his they are US citizens also.

If he is USC, most states do not let you take the kids out of the state or country without his approval. If he is so interested in games and not family, ask him and attorney for this to happen. He may not care at all

Sorry this happened to you

You're wrong. Being a US citizen does NOT automatically mean that his children will get US citizenship at birth. To get a CRBA for kids born abroad the USC has to prove a physical presence of 5 years in the US (2 years of this must be after age 14).

However once the kids entered the US (I assume on immigrant visas) and were living with their USC father, they were supposed to be aquireing US citizenship....

No you're assuming the person you quoted meant at birth....

The children, once they entered the USA, shouldn't have had green cards, they should have immediately applied for and gotten either passports or certificates of citizenship. They are US citizens, they just need proof of such.

[EM_Vandaveer 2,370]

No you're assuming the person you quoted meant at birth....

The children, once they entered the USA, shouldn't have had green cards, they should have immediately applied for and gotten either passports or certificates of citizenship. They are US citizens, they just need proof of such.

We all agree the kids are USCs now, they just need proof of it. It seemed to me the poster had no concept of physical presence requirements to pass on citizenship to children. I apologize if I assumed wrong.

[dmck 80]

Hope16 - so you are aware, we are all here to help. Please realize that when it comes to children, both parents have equal rights. You can not leave the country with the children without his consent. There is an international treaty that prevents such actions. Even further, most states consider moves to other states as a crime as well, so you need to take it slow and expect this to take a while (like 3x longer than getting to the US). Divorce is never fast and almost never simple when children are involved. Establish a new place for you and the kids "near" where you are now. Get the divorce started. Financially, if you have no income of your own, there are provisions to help you, although they are not glamours by any means. If you have access to family accounts, I would suggest you make note of all finances.