Jump to content
confusedmom

5 years married, with two kids, very confused

7 posts in this topic

Recommended Posts

Hi. Here’s my story: I came on a K1 visa in 2013, was out of status until August 2017 when I filed for AOS. The reason is my husband was filing for disability and did not get approved until that year. Obviously I have not been home to my home country since 2013. We have been married for 5 years with two kids. There were a lot of fights and a lot of make ups. We managed to stay together. Although I have to be honest that I was not sure what made me stay with him, but mostly I could say that it was for the kids. Now my interview is coming next month, and the husband and I have been fighting like crazy lately and I am very confused to what I can do. I am not sure what my feelings are, if I am still happy with him or I am only staying because I don’t want to be away from my kids. My questions are, since I am not a permanent resident neither a citizen, if I ever do decide to divorce him, how am I gonna fight him in the court to have my kids with me? Do I have a slight chance on getting a sole custody? Can I take them with me home? Obviously I won’t be able to come back to the US since I overstayed my K1 and interview for the green card isn’t finished either. So I am really worried on to what my options are to get my kids. 

Share this post


Link to post
Share on other sites

If he is agreeable to the children leaving the Country then that should be possible, if not unlikely a Judge would order it.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

Hi.

 

These are not immigration issues.  These are family law issues.  A judge may or may not allow you to take your children abroad.  It depends on the details of what is in the best interest of the children.  No one knows what country you are from.  No one knows your details.  So, it's impossible to answer your questions.

 

Best of luck.

Share this post


Link to post
Share on other sites
7 minutes ago, Boiler said:

If he is agreeable to the children leaving the Country then that should be possible, if not unlikely a Judge would order it.

We have not talked about it but I got a feeling he won’t agree to it. I mean he can come and go visit the kids but since if I abandon my AOS I won’t be able to come back and there goes my chance seeing the kids.

Share this post


Link to post
Share on other sites

It would be an unusual situation for a US judge to agree to US children to be taken abroad.

 

Something to be discussed with your Divorce Lawyer.

 


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

Since we don't really have much other than what you posted above. I say do not do anything out of anger and frustration. Since you are confused marriage counselling would be a good place to start and most likely some just for you. So much has gone on since you arrived 5 yrs and 2 kids later. With your interview next month I'd go to it. Like you said you've had your ups and downs. This is where marriage counseling would be good. Now for others reading this also. I'm not telling her to stick with her marriage if there is abuse. She didn't say there was, just that she is confused.

 

For me when you're done with your marriage you know it. You may not want to act on it but you sure as heck know when you're done. That does not sound like you.

 

As for being able to take the kids with you. That could be a hard and long fight if he won't allow it. 

 

Think with your head and not your heart but never while mad, upset or out of anger. 

Edited by Ontarkie

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

 

Share this post


Link to post
Share on other sites

Your kids are US-Citizens and you are right now in status because of your AOS. If, for some reason, you are abandoning the AOS  - you will be out of status with all its consequences. I am not a lawyer but from what I am reading in the news with illegal immigrants being deported back to their home countries and the kids staying behind in the US plus you wouldn't be able to visit them at all...

 

Having that risk in the back of my mind, I would think rationally and seek marriage counselling as well as pursuing the AOS interview on the best terms possible. Keep your risk in mind! Don't let your heart speak and stay rational. 

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×