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  1. #1
    Join Date
    Jun 2011
    Posts
    7

    Default Unemployed Green Card Holder with a Child Seeking Divorce from U.S. Citzen

    My husband married me from my native country and I moved here with him after two years into our marriage.We have a 14 month old baby and he's been verbally and physically abusive towards me.I told him I want a divorce and would either leave back to my country(where I have a job) or move out but I'm was willing to allow him visitation rights. He said I could leave but wouldn't allow me take my son and he threatened that if we went to court the judge would give him sole custody because he has money and I have nothing.
    But I can't leave my son since our house isn't even child proof,he grows Marijuana in the house and once when I left my son in his care he fell down the stairs.(I have people who witnessed this)I have no money no friends and no where to turn.My family back home is willing to get me a ticket back,but I can't leave my son behind and I don't want to get arrested for taking him away without my husbands consent.Legal aid says they can't give me free legal support because my husband makes enough money,and I should move out and get a job.But I don't even know how to do that since I don't know anywhere.
    I desperately need some advice.

  2. #2
    Join Date
    Jan 2011
    Posts
    105

    Default Re: Unemployed Green Card Holder with a Child Seeking Divorce from Us Citzen

    What state are you in?

    In the meantime, don't try to take the child out of the country without your husband's permission.

  3. #3
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Unemployed Green Card Holder with a Child Seeking Divorce from Us Citzen

    Mom, did your husband sponsor your residency here?

    How old is your child, and who has been his primary caregiver? Have you been a stay-at-home Mom all this time?

  4. #4
    Join Date
    Jun 2011
    Posts
    7

    Default Re: Unemployed Green Card Holder with a Child Seeking Divorce from Us Citzen

    I'm in Jersy,specifically Jersey city

    Yes he spomsored my residency here and he's the primary caregiver because he said he doesn't believe in baby sitters so I've been a stay at home mom all this while

  5. #5
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Unemployed Green Card Holder with a Child Seeking Divorce from Us Citzen

    While he might provide sole financial support, he is not the primary caregiver - he works, and you've stayed home looking after your son. This makes you the primary caregiver in the eyes of the court, and generally speaking the court prefers to leave things as they are unless there is a question of fitness.

    One more question - what is your current status, immigration-wise? Given that you were already married two years before you came here, you should have received your unconditional green card, yes?

  6. #6
    Join Date
    Jun 2011
    Posts
    7

    Default Re: Unemployed Green Card Holder with a Child Seeking Divorce from Us Citzen

    We got married in our native country after which he filed for me,so I got my green card less than two years go,it was given to me a few months after I moved here,so I read somewhere that I get an unconditional one only after two years.Also my husband was married to another person from my native country who lives here before he married me,something I only discovered last year,hence he was married to her and also to me at the same time.

  7. #7
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Unemployed Green Card Holder with a Child Seeking Divorce from Us Citzen

    Well, the prior marriage wouldn't appear - at this point - to have worried Immigration too much since you did get your PR card.

    To explain where I'm going with this:

    Under the terms of the I-864 Affidavit of Support, you can actually sue your husband for support. It doesn't matter that your marriage is very short, or if you do get divorced - the obligation remains until one of these things happens:

    1. You die;
    2. You leave the country permanently (abandon your residency)
    3. You naturalize (become a US citizen)
    4. You earn 40 "qualifying" SS quarters (basically work for 10 years)

    Immigrants have successfully sued in Federal court for this support up to the tune of 125% of the Federal Poverty Level - for two people (you and your son), currently about $1500/month. Though some courts have required the sponsored immigrant to mitigate (look for work, etc.,), other decisions determined that the immigrant was not required to do so.

    So...given that you're the primary caregiver, and you would get at least child support (outside of what you may or may not be able to get if you do decide to sue via the I-864) I'm seeing distinct possibilities in which you can remain in the US AND your child can have regular access to both parents - and that's surely best for the child, yes?

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