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  1. #1
    Join Date
    Jul 2014
    Posts
    4

    Default Green Card Rights for a Spouse and Children After Divorce

    My question involves a marriage and child custody in the state of: ohio.

    I am a Pakistani national. Female. Got married to my husband who is Pakistani and us national. Around 7 years ago. Married life since the beginning wasn't exactly a smooth ride but lately it has become very painful. I am living in a very abusive atmosphere and have suffered domestic abuse at the hands of my husband and his sister. I have green card from last 4.5 years because of the marriage and going for the nationality interview in less than 3 weeks. My husband didn't let me work so I rely for financial aid from my own family. I have 3 kids all less than 10 years old and one of them is infant. Husband has beaten me and kids often. I am sick of our relationship and i am thinking of getting out. I think he has sensed it and has started to mentally torture me by continuesly creating frightful atmosphere at home.

    I wanna know my rights interms of my green card and nationality and kids, when I go down the route of applying for divorce.

    Our marriage happened in Pakistan according to Pakistani law and Islamic law. I do not know what is the situation here in terms of documentation because he never told me anything truthfully if i asked.

    What should I do. Where I should begin. If i decide to ask for divorce. We live in the state of Ohio.

    Any help would be much appreciated.

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Green Card Rights for a Spouse and Children After Divorce

    At 4.5 years, you are very close to meeting the 5 year requirement as long as no special circumstances apply. I have provided a link to the requirements for citizenship. You can file for divorce in the US as long as you meet your states residency requirements. The court will determine custody of joint children and child support. You should make sure to have all documentation for you and the children if you take the children, leave the marital home and file for divorce. Your naturalization should not be affected by leaving your husband. I should add, at the time you obtained your original visa, through hubby, paperwork should have been signed guaranteeing your support at 125% poverty level for 10 years. Here is the section you appear to be concerned about:
    Under Section 212(a)(4) of the Immigration and Nationality Act (INA), an individual seeking admission to the United States or seeking to adjust status to that of an individual lawfully admitted for permanent residence (green card) is inadmissible if the individual, "at the time of application for admission or adjustment of status, is likely at any time to become a public charge." Public charge does not apply in naturalization proceedings.
    http://www.uscis.gov/sites/default/f...e/chapter4.pdf

  3. #3
    Join Date
    Jul 2014
    Posts
    4

    Default Re: Green Card Rights for a Spouse and Children After Divorce

    Thank you for reply.

    If i leave my marital home, can i take children with me or do i have to leave them there... i have 1 son who is 9, one daughter who is 4 and one daughter who is about 7 months...

    do i have any rights to ask him to leave the house... he is the earning hand in the house... so basically he pays the bills and rent.

    for my own needs and some reasonable stuff for children as in summer camps etc i pay them myself and i get support from my brothers and father. Because he thinks summer camps are american culture and the children shouldn't be participating in it....

  4. #4
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Green Card Rights for a Spouse and Children After Divorce

    You need to consult a family law attorney as the custody of the children is not an immigration matter. In the event of a divorce, he will be required to pay child support if you receive custody of the children. You should expect to need to find a job since the support will not likely be adequate to provide for you and the children. Your husband may be required to pay for your attorney for the divorce and custody action.

    Contact your local Bar Association for referrals to family law attorneys; many give a free or low cost initial consultation. Find one with whom you are discussing personal matters. Do NOT attempt to do this without professional help since you risk losing not only the children but the financial resources to which you are entitled.

  5. #5
    Join Date
    Jul 2014
    Posts
    4

    Default Re: Green Card Rights for a Spouse and Children After Divorce

    I have been told numerous times by my husband that our marriage from Pakistan isn't registered in states. What happens in this scenario.

  6. #6
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Green Card Rights for a Spouse and Children After Divorce

    If he applied for your visas and green card, documentation was provided. It would be helpful if you swiped that along with all other immigration documents when you leave. Further, if you have family that could obtain a copy in your home country that would be great also.

  7. #7
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Green Card Rights for a Spouse and Children After Divorce

    Never take legal advice from a spouse against whom you might pursue legal action. If you are legally married according to Pakistani law, the US should recognize it. If you came to the US under a spousal visa, the marriage was obviously legal for the USCIS.

    You really need an attorney. If there has been or you fear domestic violence, contact the woman's shelter in your area for assistance in leaving. They can also assist you in locating legal counsel.

    Please stop wasting your valuable time posting to a forum and take the advice to work with an attorney ASAP. Your future and that of your children depends on you doing the legally required things immediately. A forum is unable to assist you with the type of action that you need to take now.

    Good luck!

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