Divorce,child, and illegal in USA

[devilfishlane 0]

Hello

My wife and I are thinking about seperating. She came here on a tourist visa, we then got married. We are in the middle of the adjustment of status. I sent in the initial paperwork but not the I-864. She also hasn't received her papers to travel out of the USA or work. We have a child(15 months old) that was born in her home country where we lived for 2 yrs. prior. The child has a US passport. My wife has been in the US 10 months now on the US toursit visa. We are also living in Florida ,if that helps. I would like custody of the child . I have a good job with assets(house paid for and savings)ly. She has basically nothing here or in her home country. She said she is going to move out and into an 2 bedroom apt with 3 other people AND the child and find a job working illegally, if I don't go through with the paperwork.I have been a good father and could give her a MUCH better life. I know I need to seek counsel, but maybe someone can add to this thread.

Thank you for your time

Edited September 5, 2009 by devilfishlane

[KarenCee 3]

Why didn't you send in the I-864 with the AOS packet? You do realize USCIS will RFE you for that, right? Why aren't you going through with the paperwork so she can at least get a job LEGALLY and provide for the child you have together? Yeah, I think you need to seek counsel...but I also hope she does too.

[devilfishlane 0]

Why didn't you send in the I-864 with the AOS packet? You do realize USCIS will RFE you for that, right? Why aren't you going through with the paperwork so she can at least get a job LEGALLY and provide for the child you have together? Yeah, I think you need to seek counsel...but I also hope she does too.

[devilfishlane 0]

I received a letter that I needed to send the additional paperwork and I had 87 days. Why would I go forward with the paperwork ,if I'm seeking a divorce?? If I have primary custody , I don't need additional money from her

[Dakine 26]

I received a letter that I needed to send the additional paperwork and I had 87 days. Why would I go forward with the paperwork ,if I'm seeking a divorce?? If I have primary custody , I don't need additional money from her

Sounds like you want her out of the US and keep the kid for yourself.

[Brother Hesekiel 2,236]

Wouldn't you say that your child's welfare would be a good reason? Do you really want to hear an "I HATE YOU!" from him when he's old enough?

[Niagara 1]

Wouldn't you say that your child's welfare would be a good reason? Do you really want to hear an "I HATE YOU!" from him when he's old enough?

+1

[devilfishlane 0]

I received a letter that I needed to send the additional paperwork and I had 87 days. Why would I go forward with the paperwork ,if I'm seeking a divorce?? If I have primary custody , I don't need additional money from her

Sounds like you want her out of the US and keep the kid for yourself.

I don't care if she stays here or goes home(alone). But if she returns home, she'll take the child and will never come back to the US. In the last few weeks she'll say that she wants to visit her family and I need to sign the letter for her to be able to leave with our child.I tell her now is not a good time and she gets very angry. And since she overstayed her tourist visa and the paperwork for AOS is not complete, she can't return to the US, but she thinks I don't know that. Also, at this point, between her family in her country and I , I wouldn't even be able to visit the child due to threats from them

So now you might understand more, if I don't get custody I could lose my child forever

[Niagara 1]

So now you might understand more, if I don't get custody I could lose my child forever

And what do you think she will feel? Why don't you both work it out for the best interest of the child?

[SuperDuper! 230]

What other country are we talking about? Cultural references are important!

[devilfishlane 0]

I wish I could work it out with her. But its at the point where someone is going to win and someone is going to lose(regarding the child) I know it sounds harsh and I know the child loses being raised by one parent. I started recording the conversations on my home phone and its not pretty. The family wants the child raised in Colombia. My wife agrees with them and is trying every way to get me to sign the letter where she could take the child out of the US. The father says in one conversation, that she should cross the Mexico border and try to fly home..

Can anyone give me some advice or past experiences on custody of children in a case like mine?

But I due plan to seek cousel next week

Thank you

[Dakine 26]

From your previous post it looks like you have a bit of a problem with relationships.

Hopefully you got divorced from the Russian that went home!

Good luck!

[devilfishlane 0]

Haloe ---Actually we were together for 4 yrs in total. No relationship problems. I worked in Russia for 5 yrs. before my contract was up. We got married , her sister was killed in a car accident,she went home . Our relationship wasn't the same since. But as you read, we are friends till this day. I hope you don't have to go through a painful experience as we went through

[KarenCee 3]

I received a letter that I needed to send the additional paperwork and I had 87 days. Why would I go forward with the paperwork ,if I'm seeking a divorce?? If I have primary custody , I don't need additional money from her

Sounds like you want her out of the US and keep the kid for yourself.

I don't care if she stays here or goes home(alone). But if she returns home, she'll take the child and will never come back to the US. In the last few weeks she'll say that she wants to visit her family and I need to sign the letter for her to be able to leave with our child.I tell her now is not a good time and she gets very angry. And since she overstayed her tourist visa and the paperwork for AOS is not complete, she can't return to the US, but she thinks I don't know that. Also, at this point, between her family in her country and I , I wouldn't even be able to visit the child due to threats from them

So now you might understand more, if I don't get custody I could lose my child forever

Sounds like you and your wife need to sit down and have a really serious discussion...possibly with a mediator with you both. So why do you think she doesn't know about the overstay? Are you hiding this information from her deliberately? Just curious....

Legally her family cannot keep you from seeing this child if the wife does leave and goes to whatever country she's going to. If divorce does happen (depending on who gets custody) the non custodial parent will have legal visitation rights....whether you or your wife like it or not.

[Old Dominion 26]

You already know, I'm sure, that a court would grant custody to the mother unless there is some evidence that she is incapable of looking after the child adequately or properly. The child was Colombian-born, which is another factor. Finally, in obtaining a tourist visa, she promised the U.S. that she would return to Colombia.

You need a lawyer.