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  1. #1
    Join Date
    Aug 2015
    Posts
    1

    Default Immigration Status and Child Custody

    Hello members, please help me. I'm so distressed.

    I'm on H4 now and my wife is on H1B. My wife is having an affair with some man and I confronted her on this. She is threatening to call cops on me and have me arrested for domestic violence. I feel so cheated. I met with divorce attorneys but they told that I can seek divorce from her. We have a child who is five, and I wish to take her with me. I was told that I can't travel to India with my child because she is born here and if I do so, it is considered as kidnapping and I can be arrested. The lawyers whom i consulted doesn't know much about immigration laws and I don't know what to do. What will be my immigration status if I get separated from my wife ? What can I do to get my child and move away from her ? I cannot live with her due to amount of mental stress and heartache. PLEASE HELP.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Immigration Status and Child Custody

    If you're here on an H4, divorce would mean you are out of status and your options are extremely limited - you would have to obtain a visa on your own merit, because otherwise you are going to be subject to removal proceedings. You will lose your legal status as soon as the divorce is finalized.

    Custody is going to be difficult, because your daughter IS an American citizen by birth... but that doesn't automatically mean you cannot get custody yourself.

    If you can accept living apart without divorcing, things would be much easier for you. Do you know if you qualify for an EAD (work permit) as a H4 holder? (Some H4 recipients can indeed obtain this)

    You need an attorney, Dad. That's really the bottom line.

  3. #3
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Immigration Status and Child Custody

    If she is threatening domestic violence, find another place to live immediately. File for a divorce including temporary spousal support for her to provide your living expenses. Since she is working, you are likely providing child care. If so, this works in your favor initially. Seek out an immigration attorney or a firm that handles both family and immigration law.

  4. #4
    Join Date
    Jul 2007
    Posts
    26

    Default Re: Immigration Status and Child Custody

    Quote Quoting samwal
    View Post
    Hello members, please help me. I'm so distressed.

    I'm on H4 now and my wife is on H1B. My wife is having an affair with some man and I confronted her on this. She is threatening to call cops on me and have me arrested for domestic violence. I feel so cheated. I met with divorce attorneys but they told that I can seek divorce from her. We have a child who is five, and I wish to take her with me. I was told that I can't travel to India with my child because she is born here and if I do so, it is considered as kidnapping and I can be arrested. The lawyers whom i consulted doesn't know much about immigration laws and I don't know what to do. What will be my immigration status if I get separated from my wife ? What can I do to get my child and move away from her ? I cannot live with her due to amount of mental stress and heartache. PLEASE HELP.
    First thing you must learn how to search google and find answers. You will find more information on the internet through google search than any person or any number of people could ever answer.

    Depending on the state you live in, filing a false police report can be a crime. So, if she cannot prove domestic violence when cops visit your place, then the cops may even arrest her or file a criminal complaint against her for filing a false report against you.

    You can travel to India with your child
    http://www.immihelp.com/forum/archiv...p/t-50128.html

    I am not sure if a biological father can be accused of kidnapping of his own child. Maybe, they can. But, if you do it in a proper way or may be with an informed consent of the child's mother (i.e., your wife) or in the best interests of the child, it is not considered kidnapping.

    My final advice to you is, save the proof/evidence of her cheating; for example, text messages, emails, phone calls, photographs. They will help a lot to file your divorce and otherwise. Your spoken words without proof/evidence are not enough.

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

    Default Re: Immigration Status and Child Custody

    Quote Quoting Roll Eyes
    View Post
    First thing you must learn how to search google and find answers. You will find more information on the internet through google search than any person or any number of people could ever answer.

    Depending on the state you live in, filing a false police report can be a crime. So, if she cannot prove domestic violence when cops visit your place, then the cops may even arrest her or file a criminal complaint against her for filing a false report against you.
    What? Are you seriously suggesting that a victim needs hard proof or else she'll be arrested?

    You can travel to India with your child
    http://www.immihelp.com/forum/archiv...p/t-50128.html
    You didn't read that thread at all, did you?

    I am not sure if a biological father can be accused of kidnapping of his own child. Maybe, they can. But, if you do it in a proper way or may be with an informed consent of the child's mother (i.e., your wife) or in the best interests of the child, it is not considered kidnapping.
    Of course a parent can kidnap their own child. What on earth are you talking about?

    My final advice to you is, save the proof/evidence of her cheating; for example, text messages, emails, phone calls, photographs. They will help a lot to file your divorce and otherwise. Your spoken words without proof/evidence are not enough.
    Let's ask the OP where he's located first, shall we? Because adultery, in most states, matters not one iota in a custody determination.

    Are you familiar with family law? At all? Immigration law as it pertains to family law?

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