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I would do it the legal way. I would never commit a crime. It seems like silly evidence. But I have text messages from him telling me I can go back to the up and he will sign the babies passport and stuff. So I’m going to speak with an immigration lawyer 

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4 minutes ago, Debzib88 said:

I would do it the legal way. I would never commit a crime. It seems like silly evidence. But I have text messages from him telling me I can go back to the up and he will sign the babies passport and stuff. So I’m going to speak with an immigration lawyer 

It’s not an immigration matter. You need a divorce lawyer as the matter of custody is a divorce matter. Do you have a British passport for the baby already? I assume you were born in the UK yourself. 


Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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Filed: Country: Vietnam (no flag)
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13 minutes ago, JFH said:

It’s not an immigration matter. You need a divorce lawyer as the matter of custody is a divorce matter. Do you have a British passport for the baby already? I assume you were born in the UK yourself. 

Agree.  An immigration lawyer is the wrong lawyer for this.  You need a family/divorce lawyer who can help you sort out the child custody issue.

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18 minutes ago, JFH said:

I’m a Brit in Washington state also. If you need a safe place for you and the baby we have plenty of room. We are in Grays Harbor County - looks like you are in Whatcom County so we are quite far away but at least you won’t be leaving the state. Feel free to send me a private message if you want to talk. 
 

Going back to the UK is easy if it’s just you but the baby makes things difficult as you can’t take the child out of the country without the father’s permission. 

Thank you 😭 I really appreciate that. It’s hard not having anyone out here. But I wouldn’t put myself or son on to anyone else. My drama isn’t anyone else’s problem but my own. I’ll figure it all out. Brits are strong right...

19 minutes ago, JFH said:

It’s not an immigration matter. You need a divorce lawyer as the matter of custody is a divorce matter. Do you have a British passport for the baby already? I assume you were born in the UK yourself. 

I was born in the Uk. The baby doesn’t have a passport yet. But he was born over here in Washington 

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22 minutes ago, Debzib88 said:

Thank you 😭 I really appreciate that. It’s hard not having anyone out here. But I wouldn’t put myself or son on to anyone else. My drama isn’t anyone else’s problem but my own. I’ll figure it all out. Brits are strong right...

I was born in the Uk. The baby doesn’t have a passport yet. But he was born over here in Washington 

So you will need both passports for the baby. The US one to leave here and the British one to get him into the UK on a one-way ticket. Mandatory quarantine starts on Monday in the UK but you can quarantine at a private residence - do you have family you can stay with? 
 

Let me know if you need any help with making phone calls or relaying messages out of his earshot. You really need to call the police, however. If you report his abuse it will help your case in a possible custody battle. 


Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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1 hour ago, Phunky38927 said:

Here’s what I would do... 

Make a plan safely to escape to the UK with child before leaving I would file a protective order therefore he cannot come after you or the child And it shows you aren’t guilty of kidnapping internationally without a court order you are pretty much screwed reach out to the hot lines as I know there are plenty in the states and most importantly don’t be ashamed to seek out help even if it means the law gets involved 

good luck and I am sorry for your situation ❤️

A protection order will not protect the mother from potential kidnaping laws under The Hague Convention.. they will simply collect the child and return it back to the states.. 

 

i highly recommend she go see a good family law laywer before contemplating leaving the state let alone the country.. 


AOS Journey

  • I-485 etc filed 23 April 2020 
  • NOA1 I-485 June 3 2020 
  • NOA1 EAD 23 April 2020
  • Biometrics 5 Jan 2021
  • EAD approved 12 March 2021
  • Interview Completed 24 March 2021
  • EAD Card Received 1 April 2021  
  • Case under review 2 April 2021
  • New Card is Being Produced 25 September 2021
  • 10 Year Green Card Approved and Mailed 27 September 2021 🙌🙌🙌🙌🙌

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8 minutes ago, JFH said:

So you will need both passports for the baby. The US one to leave here and the British one to get him into the UK on a one-way ticket. Mandatory quarantine starts on Monday in the UK but you can quarantine at a private residence - do you have family you can stay with? 
 

Let me know if you need any help with making phone calls or relaying messages out of his earshot. You really need to call the police, however. If you report his abuse it will help your case in a possible custody battle. 

She still needs his permission under Hague Convention... I tried this with my ex... with Aus kid involved.. as a dual Aus/UK citezen i tell you now, it dosent work.. they’ll collect the child from the uk and return it to the father, if she tries it without the fathers consent.. 

 

pls pls pls go see a family lawyer before trying anything silly

Edited by Duke & Marie

AOS Journey

  • I-485 etc filed 23 April 2020 
  • NOA1 I-485 June 3 2020 
  • NOA1 EAD 23 April 2020
  • Biometrics 5 Jan 2021
  • EAD approved 12 March 2021
  • Interview Completed 24 March 2021
  • EAD Card Received 1 April 2021  
  • Case under review 2 April 2021
  • New Card is Being Produced 25 September 2021
  • 10 Year Green Card Approved and Mailed 27 September 2021 🙌🙌🙌🙌🙌

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9 minutes ago, Duke & Marie said:

She still needs his permission under Hugue Convention... I tried this with my ex... with Aus kid involved.. as a dual Aus/UK citezen i tell you now, it dosent work.. they’ll collect the child from the uk and return it to the father, if she tries it without the fathers consent.. 

yes, that goes without saying. I was talking about what she will need to actually make the trip once the permission is obtained. 

Edited by JFH

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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30 minutes ago, Debzib88 said:

I was born in the Uk. The baby doesn’t have a passport yet. But he was born over here in Washington 

Then the child has 2 citizenships: US and UK https://www.gov.uk/apply-citizenship-british-parent/born-on-or-after-1-july-2006

Info on applying for UK passport for him: https://www.gov.uk/get-a-child-passport/first-child-passport

You'll still need either the father's consent or a court order allowing you to take the child back to the UK.

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2 minutes ago, JFH said:

yes, that hoes without saying. I was talking about what she will need to actually make the trip once the permission is obtained. 

👌 and just to clarify, I didn’t actually follow through with leaving the country... fortunately I got good legal advise that stopped me from making a massive mistake.. but very nearly did.

 

Even post separation she may not be permitted to live overseas with the child, it will depend on US custody rulings since the child resides here at time of separation. 


AOS Journey

  • I-485 etc filed 23 April 2020 
  • NOA1 I-485 June 3 2020 
  • NOA1 EAD 23 April 2020
  • Biometrics 5 Jan 2021
  • EAD approved 12 March 2021
  • Interview Completed 24 March 2021
  • EAD Card Received 1 April 2021  
  • Case under review 2 April 2021
  • New Card is Being Produced 25 September 2021
  • 10 Year Green Card Approved and Mailed 27 September 2021 🙌🙌🙌🙌🙌

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26 minutes ago, JFH said:

The US one to leave here

Technically, just the UK passport is required since US doesn't have an exit immigration check. Can apply for a first US passport for child at London, Belfast, or Edinburgh with the US birth certificate as evidence of US Citizenship: https://uk.usembassy.gov/u-s-citizen-services/u-s-passports/first-passport/

Edited by HRQX

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Filed: Other Country: Saudi Arabia
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2 hours ago, geowrian said:

A protective order / TRO is not a court order allowing you to take a child to live in another country.

Doing this could result in very severe criminal consequences. The child needs a good parent...not an abusive one or one in jail.

Im not sure that all of this kidnapping stuff is correct.

 

Absent a court order either parent at this time can pick up and take the baby anywhere they want.

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10 minutes ago, Nitas_man said:

Im not sure that all of this kidnapping stuff is correct.

 

Absent a court order either parent at this time can pick up and take the baby anywhere they want.

To visit, possibly not (in writing at least). To live, yes.

https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/abductions/legain-info-for-parents/why-the-hague-convention-matters.html

Quote

The Hague Abduction Convention is a treaty that many countries, including the United States, have joined. 

The purposes  of the Convention are to protect children from the harmful effects of international abduction by a parent by encouraging the prompt return of abducted children to their country of habitual residence, and to organize or secure the effective rights of access to a child. The idea is that custody and visitation matters should generally be decided by the proper court in the country of the child’s habitual residence. 

 

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: Other Country: Saudi Arabia
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11 minutes ago, geowrian said:

I am not commenting on a US case, I am viewing this from the perspective that the mother (and likely child) are citizens of another country.  
 

Jurisdiction is set at time of filing but there is certainly no case for kidnapping if a British citizen takes her British citizen baby home to escape an abuser in the US, especially if she asks nothing and leaves it up to the winner who abused her to find a lawyer who specializes in international custody to sort it out.  
 

Nobody’s doing anything about kidnapping until hearings are set, jurisdiction is established, and a ruling / order is issued (then) the kidnapper violates the order. 

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