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  1. #1

    Question Unemployed Green Card Holder Seeking Divorce and Custody of a 6-Month Old

    My question involves a marriage in the state of: married seeking divorce

    Hi experts, I was wondering if I could get some professional advice here please:

    I married my husband in 2012 in China and moved to the states in Jan. 2015. I didn't drive but I got a full time job to work from home since I moved here until I had to deliver a child 6 months ago. We bought the current house with help from my family (all downpayment), but the house is only under his name. He doesn't have savings except his 401k and social security pension.

    One year ago I did IVF with my salary. I paid for all medical bills as well but I used his insurance because his job is much better than my contractor job. I became unemployed after the baby was born, but my previous boss welcome me back to work for her anytime I am ready.

    He doesn't love me anymore and I had to fight for him to spend some quality time with our baby. He's not home often because of his work. I am the absolute primary caregiver of the baby but he currently is the only financial support.

    Question is: If I seek for divorce, will I get the custody and some finantial support from him? If I want to take our baby back to my country to live, where i can get more family support and better job opportunities (i don't have any families nor friends here), will the court grant that? i still need to pay my family (sibling) the downpayment of the house, do i have to bear it myself? Most importantly, i want custody. And if there's a way for me and the baby to continue living in the states after divorce that might be the best for the baby.

    Thank you for your help!

  2. #2
    Join Date
    Oct 2006
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    16,474

    Default Re: Unemployed Green Card Holder Seeking Divorce and Custody of a 6-Month Old

    It would be difficult to impossible to get permission to relocate the baby to China if the father objects. Yes, if you end up with primary custody of the baby you will receive child support (and it seems that you are the primary caretaker of the baby so you should get primary custody).

    When he sponsored you to immigrate to the US he signed paperwork agreeing to support you so there is a very good chance that you could get temporary spousal support.

    When we asked you the question, "what is the name of your state?" We wanted to know what US state you are living in. Law vary from state to state.

  3. #3

    Default Re: Unemployed Green Card Holder Seeking Divorce and Custody of a 6-Month Old

    Hi Mr/Ms IIworking,
    Thank you for your prompt reply. I live in Indiana. The baby's father refuses to divorce, or more precisely, he wants custody as well. Can I divorce him and win custody even he doesn't agree?
    If I want to stay here after divorce, how much temporary support can I get? I want to make sure I have enough to get childcare so I can work.

  4. #4
    Join Date
    Sep 2005
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    Default Re: Unemployed Green Card Holder Seeking Divorce and Custody of a 6-Month Old

    Lots of things could happen, and we know next to nothing about your situation. You should discuss your situation in detail with a custody lawyer.

  5. #5
    Join Date
    Oct 2006
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    16,474

    Default Re: Unemployed Green Card Holder Seeking Divorce and Custody of a 6-Month Old

    Quote Quoting Fightingforalifeiwanted
    View Post
    Hi Mr/Ms IIworking,
    Thank you for your prompt reply. I live in Indiana. The baby's father refuses to divorce, or more precisely, he wants custody as well. Can I divorce him and win custody even he doesn't agree?
    If I want to stay here after divorce, how much temporary support can I get? I want to make sure I have enough to get childcare so I can work.
    Yes, its possible for you to win custody even if he does not agree. However, it does sound to me like you need an attorney to help you facilitate the divorce.

    I am particularly disturbed that he took money from your family to buy a house but put only his name on it.

    I do not recall the exact amount of money that you could get under the sponsorship. Its either 100% of the poverty level, or 150% of the poverty level. There is another poster on here who will know exactly...be patient and I am sure that she will post.

  6. #6

    Default Re: Unemployed Green Card Holder Seeking Divorce and Custody of a 6-Month Old

    Ok Thank you so much Mr./Ms. IIworking! I'll try to find an attorney to consult more. You have a good day!

    Thank you too Mr. Knowitall.

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