NEEDING GUIDEANCE

[thatguy101 0]

Hello there this information is not about me but of my wife friend that is in a bit of trouble. my wife friend is from Thailand, she married a U.S. service member on his tour to South Korea where she became pregnant, follow that this U.S. Service member got kicked out of the military and with that being said my wife friend wanted to still stay with her husband so she got a tourist visa and came to the states back in June/July time frame. in July 2020 she gave birth to there daughter, but shortly after my wife friend left her husband so to have a divorce, let me tell ya that a hole other mess, but due to him being a cheating alcoholic abusive dead beat guy. So where we need help is what can she do about a visa, her and her baby are currently homeless in a sense, her visa expires this December and she doesn't want the baby to go to the father dude to his actions. is there a way to birth the baby back to her home country, can she extend her visa, if she cant do either of those what options does she have with her baby. WE NEED HELP AND DONT KNOW WHERE TO TURN. i hope i was able to explain what is going on any information will be helpful. 

[Crazy Cat 41,979]

In a nutshell, it seems to me that the friend has two separate issues:  1.  Family Court Issue  2.  Immigration Issue

 

Family issue (divorce, child custody, etc.) must be settled in court and/or with the husband.  

Immigration Issue is not too good, imo.  From what you posted, I see no legal way for her to remain in the US.  A child cannot petition for a parent until the child is 21 years old.  Having a US citizen child gives no immigration benefit, in itself.

 

I'm sure others here will offer more information.

Edited October 13, 2020 by Lucky Cat

[aaron2020 11,651]

Hi,

 

There are two different issues.  1) Divorce and child custody which requires filing in state family court where she lives.  She will need either the father's permission or a court order allowing her to take the child out of the US.  If she takes the child out of the US without the father's permission or a court order, she could be committing the crime of parental kidnapping.  2) Immigration - you mentioned abusive US citizen husband.  She can self-petition for green card under VAWA.  Highly suggest that you go to the ongoing VAWA thread and post there.

 

Best of luck.

Edited October 13, 2020 by aaron2020

[igoyougoduke 1,662]

she can ask the court to get custody of the child if the child is born and if the father is ok with it. She has no way to stay in the US once her visa expires due to lack of any process for her to stay 

[Timona 4,207]

Per OP, the child was born in July 2020.

[aaron2020 11,651]

There is a process for her to stay and get a green card.  OP's post where stated that the US citizen husband was abusive.  She can self-petition as the spouse of an abusive US citizen with an I-360. 

[Boiler 45,658]

She came a few weeks before the birth? She needs a Family Lawyer, well she needs deadbeat dad to give her custody so she can take the baby home. When is her return ticket?