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Divorce Before Establishing Permanent Residency

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  • 06-16-2014, 07:32 AM
    hazel0020
    Divorce Before Establishing Permanent Residency
    My question involves a marriage in the state of: complicated situation

    Hi everyone i badly need your help and advice,I am not a US citizen and not a permanent resident and i am also not illegal.My immigration papers are on the process right now but i am not sure if it will continue because of the decision of my husband to divorce.We have an 11 month old baby and things are just too complicated.Me and my husband had an argument,but this time it was bad and his mother got involved.My husband wants a divorce.I do not want to have a divorce but with the constant fighting it made me think that maybe it is best to do it.I wanna know my rights and what i can do.I wanna know whats gonna happen to me after this divorce and what will happen to my kid.I want my kid but they keep telling me that i cannot have him since i do not work.if you guys have more questions about my situation just feel free to ask me if that will help you guys on how to help me thank you.
  • 06-16-2014, 10:41 AM
    Dogmatique
    Re: Divorce Before Establishing Permanent Residency
    You've said absolutely nothing indicating that you can't have custody.

    You have a baby. You're the stay-at-home parent. As a general rule the courts are reluctant to interfere with the status quo (what you've already been doing) without having a good reason for doing so.

    Now the big question. Did your husband sponsor you?
  • 06-16-2014, 11:59 AM
    hazel0020
    Re: Divorce Before Establishing Permanent Residency
    Quote:

    Quoting Dogmatique
    View Post
    You've said absolutely nothing indicating that you can't have custody.

    You have a baby. You're the stay-at-home parent. As a general rule the courts are reluctant to interfere with the status quo (what you've already been doing) without having a good reason for doing so.

    Now the big question. Did your husband sponsor you?

    yes he did sponsored me,now i dont know if will still continue to process my papers,they are threatening me that will call the immigration and get me deported,its just so mean i dont know what to do i want my kid with me and they keep telling me that they will file for full custody of my kid.
  • 06-16-2014, 12:55 PM
    Dogmatique
    Re: Divorce Before Establishing Permanent Residency
    Okay - one more question.

    What's your current immigration status? Are you a conditional resident?
  • 06-16-2014, 06:29 PM
    llworking
    Re: Divorce Before Establishing Permanent Residency
    Quote:

    Quoting hazel0020
    View Post
    yes he did sponsored me,now i dont know if will still continue to process my papers,they are threatening me that will call the immigration and get me deported,its just so mean i dont know what to do i want my kid with me and they keep telling me that they will file for full custody of my kid.

    They cannot just call immigration and get you deported. It doesn't work that way.
  • 06-16-2014, 06:58 PM
    CourtClerk
    Re: Divorce Before Establishing Permanent Residency
    What is your plan to support your child since it appears that you're going to be a single parent?
  • 06-16-2014, 06:59 PM
    Dogmatique
    Re: Divorce Before Establishing Permanent Residency
    Quote:

    Quoting CourtClerk
    View Post
    What is your plan to support your child since it appears that you're going to be a single parent?


    You know what I'm going to say here...

    I-864
  • 06-16-2014, 07:27 PM
    llworking
    Re: Divorce Before Establishing Permanent Residency
    Quote:

    Quoting Dogmatique
    View Post
    You know what I'm going to say here...

    I-864

    She will also likely get a job once she has authorization to do so.
  • 06-16-2014, 07:33 PM
    CourtClerk
    Re: Divorce Before Establishing Permanent Residency
    Quote:

    Quoting Dogmatique
    View Post
    You know what I'm going to say here...

    I-864

    It's NY. It won't go far

    - - - Updated - - -

    Quote:

    Quoting llworking
    View Post
    She will also likely get a job once she has authorization to do so.

    because those are in abundance
  • 06-16-2014, 07:51 PM
    Dogmatique
    Re: Divorce Before Establishing Permanent Residency
    The I-864 would generally go through federal court though.

    With that said, I would like to know exactly what her status is.

    (Fwiw, Moody v. Sorokina is the case commonly cited for NY)
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