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  1. #1
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    Oct 2014
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    9

    Default Separation and Child Custody Issues While Spouse is Applying for Permanent Residency

    My question involves a child custody case from the State of: Virginia

    Hello, here is my story.
    I married with my wife 2 years, and we have one baby girl 7 months old. She is H1b and working in US. I just got unemployed recently, and still looking for job. Even when I work, her income is still way higher than me. She is in process of applying for green card through work place, but she also asking me to start applying green card for her through marriage, for faster green card. We got into an arguments, and she asked me to leave her house as separation. She said it is my fault, and she does not love me anymore. I still paying child support because it is my responsibility as a father of a kid. We did not file separation because she afraid it affect her green card application. She told me to stay outside, pay child support, not allow to change my address or any form to show that we are separate until she got her green card and US citizen naturalization. She has custody of the kid. What should I do? I can't ask financial aid for college if I file tax with her. I can't change address because it affects her status. I can't go to her home. For 4 years. 1 year for green card, and 3 years until she is US citizen. And I can't win child custody because she probably win the kid due to her income. What should I do?

  2. #2
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    Sep 2005
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    Default Re: Separation and Child Custody Issues While Spouse is Applying for Permanent Reside

    I think your spouse is making a mistake. It's one thing to enter the U.S. as part of a bona fide marriage, get divorced, and try to get permanent residency. It's quite another to fabricate a record of cohabitation following separation. While your spouse may have married you for love and entered the U.S. for all the right reasons, if the USCIS catches wind of the fact that you and she are lying about the status of your marriage and living arrangement she is apt to find herself both without a Green Card and on her way back to her nation of origin. She should consult an immigration lawyer.

    What you should do is discuss your situation and goals with a divorce lawyer, as that's where things are headed. You need to decide if you want to try to get custody and, if so, whether you can demonstrate to a court that you have a suitable home for the child and the ability to support your household. The longer you choose to stay outside of the home and to make her the primary caregiver, the less likely it will be that you'll get primary custody.

  3. #3
    Join Date
    Oct 2014
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    9

    Default Re: Separation and Child Custody Issues While Spouse is Applying for Permanent Reside

    i am still looking for a job at the moment, if I divorce with her now, i will surely lose the custody. And if I don't agree with her condition, she will not allow me to visit my baby.

  4. #4
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Separation and Child Custody Issues While Spouse is Applying for Permanent Reside

    Quote Quoting Andrew34
    View Post
    My question involves a child custody case from the State of: Virginia

    Hello, here is my story.
    I married with my wife 2 years, and we have one baby girl 7 months old. She is H1b and working in US. I just got unemployed recently, and still looking for job. Even when I work, her income is still way higher than me. She is in process of applying for green card through work place, but she also asking me to start applying green card for her through marriage, for faster green card. We got into an arguments, and she asked me to leave her house as separation. She said it is my fault, and she does not love me anymore. I still paying child support because it is my responsibility as a father of a kid. We did not file separation because she afraid it affect her green card application. She told me to stay outside, pay child support, not allow to change my address or any form to show that we are separate until she got her green card and US citizen naturalization. She has custody of the kid. What should I do? I can't ask financial aid for college if I file tax with her. I can't change address because it affects her status. I can't go to her home. For 4 years. 1 year for green card, and 3 years until she is US citizen. And I can't win child custody because she probably win the kid due to her income. What should I do?
    Unfortunately its too bad that you didn't file for her permanent residency as soon as you got married. If you had, you wouldn't have this problem now. A child is proof positive of a bonafied (I know that is spelled wrong, arg) marriage so she could have kept that green card even if you divorced.

    The fact that she earns more money than you do is immaterial to a child custody decision. Whomever has been the primary caretaker for the child generally IS very material.

  5. #5
    Join Date
    Sep 2005
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    Default Re: Separation and Child Custody Issues While Spouse is Applying for Permanent Reside

    You need to decide what you want to do. If she denies you access to your child, you can get an order for visitation from the family court.

  6. #6
    Join Date
    Oct 2014
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    9

    Default Re: Separation and Child Custody Issues While Spouse is Applying for Permanent Reside

    Should I wait until she lost her job or status of h1b to battle for custody? She has higher income, a house, while I am looking for job and an apartment at the moment. I am hoping I can save money to buy a townhouse soon.

  7. #7
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    Sep 2005
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    Default Re: Separation and Child Custody Issues While Spouse is Applying for Permanent Reside

    This:
    Quote Quoting Mr. Knowitall
    View Post
    What you should do is discuss your situation and goals with a divorce lawyer, as that's where things are headed.

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