need some help

[xlecilia 0]

this is probably the wrong place to post this but, im looking for some help. 

me and my partner have been together and married for 7 years now which we have one child together, im from the united kingdom hes american and we live in the usa, i have my green card but even though i could have done it ages ago i never did my neutralization since ive had till 2028 to get it done and money you know.

but we have been having alot of problems and differences frequently, i have been thinking i would like to just go back home to my family with our 2 year old son, since my husband has said hes fine with me taking him as he wouldnt be able to look after him alone and he would have my and my family members if he returned with me even though hes an American citizen.

we cant afford to do stuff like custody court im kind of just wondering what would happen if i just took him home with me does anyone know how this would work or been in a similar situation.?

aslong as my husband is fine with it would it be okay for us getting a divorce and going our separate ways me just getting on a plane with my son, and how would this work if i go home cause hes an american citizen?

any information is useful at this point as i have no idea and no money to hire a lawyer or go to court for this.

[Crazy Cat 41,981]

***Please do not post another duplicate thread.  One duplicate removed***

[Crazy Cat 41,981]

15 minutes ago, xlecilia said:

would it be okay for us getting a divorce and going our separate ways me just getting on a plane with my son, and how would this work if i go home cause hes an american citizen?

The only person who can stop you is your husband. 

[Ontarkie 14,280]

Since your husband is not fighting it. Sit down with him and start a plan. Have him write up a note that he is allowing you (list your name and son's name) to move to the UK to live. 

You can even decide to set up something to get things sorted out for skype call, visitation and things like that. Working together will go a long way later down the road. 

 

[Timona 4,207]

To add on what others have said, you may wanna consider filing citizenship to avoid the hustle of GC. You're eligible as of now (3 year rule) and if you divorce soon, you're eligible next year under 5 year rule. 

 

You can file citizenship online

[Boiler 45,670]

Does your son have his British Passport?

[Mobius1 175]

A notarized document will be better. But the best way is to first get a divorce and have him declare to the court that he is allowing you to take the child over and giving you the full legal and physical custody. Why? So that he may not come back later with a change of heart. Also, this way you will be covering your self from any foreseen issues like abduction accusation. 
 

A simple note between you two is just not enough and especially in cases of children.

[TBoneTX 45,537]

Yes, at least get a document with signatures (including impartial witnesses) in the presence of a notary.  Better is what Mobius1 recommends.

[Adventine 3,201]

As others have said, your husband may be cooperative now, but if you separate/divorce without a formal child custody agreement, he could easily go behind your back and accuse you of kidnapping.

 

There are legal clinics that offer free or discounted divorce services, especially if both spouses are willing to cooperate. A quick Google should point you in the right direction.

[R&OC 371]

From experience, a notarized document does not hold in court if spur spouse should change his mind.

 

An acquaintance  of mine left the US with her 2 year old daughter. She, too, had a notarized document from the dad. However, he changed his mind and the family court in Texas and Germany ruled it to be an abduction and the kiddo needs to return to the US asap. Fun fact, by now, mother no longer has a LPR status and is deemed a child abductor. She doesn’t know as of yet, how she can either return to the US with the child or even travel to have her share of visitation. It’s very traumatic!

 

So please, naturalize (in order to be able

to return if need be) and have a court document (not just notarized)! 

 

Good luck!

[xlecilia 0]

the problem is as of right now i have NO MONEY what so ever, im saving to be able to go home. He was born in the usa so no british passport only i have one, As i never did my citizenship. And honestly dont want to i kind of just want to go back home to my family and friends with him, How would i do all this. Yes were still married and living together, As i cannot afford to live alone. But we want to divorce we have both agreed to end it and that my son will come with me since, Well my family can help me take care of him, And if he stayed it would just be my husband and my son and he cant afford to take off work to look after him or pay for daycare. So what should i do ? i would like for me and my son to move back to the UK.

[Boiler 45,670]

He is going to need his British Passport

[milimelo 4,503]

They do have waivers for fee payment - N400 definitely. Did you look that up? 

[xlecilia 0]

the only thing is i dont wana do the N400 because i dont want to stay in the USA i kind of want to go back to britain, But found out i need a family visa to return to live there, Anyone else experienced this ?

[nastra30 2,288]

4 hours ago, xlecilia said:

the only thing is i dont wana do the N400 because i dont want to stay in the USA i kind of want to go back to britain, But found out i need a family visa to return to live there, Anyone else experienced this ?

Just to seek clarification. Do you mean you don't want to file N400 because you don't want to stay in the U.S forever? or you mean just don't want to stay the few months required to complete the N400? 

If it's the latter, then sure it seems your mind is made up. If it's the former, then just so you know, you are not required to stay in the U.S at all as a USC.

 

In terms living in the UK, get your son a UK passport. 

Edited October 12, 2022 by nastra30