shocking story

[Donna A 4]

some how i dont think she is going back to her country with the child and i think u need to see a lawyer about what can be done.

[calilove 0]

Someone in another forum and thread described this scenario as "pulling a runner". That means the beneficiary arrives on US soil, and at the first opportunity they disappear.

Something is very wrong about this scenario. Unless this relationship fell apart after she arrived, then she just used you to get a ticket across the border and into the US. Whatever her relatives have said to her wouldn't change this. You can't talk someone out of being in love. Any chance of those "relatives" is an old boyfriend?

Unfortunately, the police can't do anything about the child unless she's violating a child custody order. If you want to keep her from taking the child back to Vietnam (if that's her plan) then you need to get a family law attorney fast. If you can get a temporary custody order, then you can ask the court to seize the child's passport until final custody can be determined. Otherwise, there is nothing you can do to prevent her from leaving the country with the child. There are no protective measures in place to prevent a US citizen from leaving the US with a valid passport.

how can i get a temporary order, go to any court and ask them or what? please help

[ScottThuy 140]

Take the money that you have for the AOS and use it to get a lawyer to get custody of your child and as Jim said.. get an order in place in the meantime keeping the child in the US. You may be able to get a temporary order placing the child in your custody.

Someone in another forum and thread described this scenario as "pulling a runner". That means the beneficiary arrives on US soil, and at the first opportunity they disappear.

Something is very wrong about this scenario. Unless this relationship fell apart after she arrived, then she just used you to get a ticket across the border and into the US. Whatever her relatives have said to her wouldn't change this. You can't talk someone out of being in love. Any chance of those "relatives" is an old boyfriend?

Unfortunately, the police can't do anything about the child unless she's violating a child custody order. If you want to keep her from taking the child back to Vietnam (if that's her plan) then you need to get a family law attorney fast. If you can get a temporary custody order, then you can ask the court to seize the child's passport until final custody can be determined. Otherwise, there is nothing you can do to prevent her from leaving the country with the child. There are no protective measures in place to prevent a US citizen from leaving the US with a valid passport.

how can i get a temporary order, go to any court and ask them or what? please help

When it comes to your child.. thats not something you want to risk doing on your own.. get a lawyer

[Dakine 26]

"I don't think she cares or aware of the laws in the US. She is listening to her relatives. One time she told me we can come to their relatives and work for them, her relatives said she doesnt need a liscence or anything to work since they own the nail shop."

Sounds like she doesn't give a hoot about getting a GC. Unless you treated her bad she doesn't care for you much at all.

[wowswift 3]

Does the kid have a passport yet? If not, you're in luck, she can't get one without your permission. I doubt she is leaving as well. But there has to be some kidnapping law because you can't just disappear with a kid. Maybe there is some stupid time limit you have to wait, i dunno. Do you know the address of her relatives? There are ways to get that if you don't, and I would be heading over there

[calilove 0]

"I don't think she cares or aware of the laws in the US. She is listening to her relatives. One time she told me we can come to their relatives and work for them, her relatives said she doesnt need a liscence or anything to work since they own the nail shop."

Sounds like she doesn't give a hoot about getting a GC. Unless you treated her bad she doesn't care for you much at all.

she was treated very good, she was happy the whole time she was here

[JimVaPhuong 4,863]

I am no expert on this, but you can try a local FBI office to report the parental kidnapping.

If she takes the child back to her country, there is almost no way taking the child back since Vietnam isn't a signatory country of the Hague Convention on the Civil Aspects of International Child Abduction.

i just read this Parental Kidnapping Law, does this mean she can't take the child back to Vietnam??

Parental Kidnapping

International parental kidnapping. “Whoever removes a child from the United States or attempts to do so, or retains a child (who has been in the United States) outside the United States with intent to obstruct the lawful exercise of parental rights shall be fined under this title or imprisoned not more than 3 years or both.” 18 USC §1204(a) (2008).

They have to actually catch her, and then prove that she intended to obstruct your parental rights. If she's in Vietnam, they can't touch her.

Read the last two sections here about children with valid US or foreign passports:

http://travel.state.gov/family/abduction/r...ources_554.html

Essentially, the US government has no way to prevent the child from leaving the US if it has a valid passport.

Reading stories like this is depressing. I think everyone with a foreign fiancee has probably wondered at some point if something like this could happen to them. I can't imagine how devastated I would be.

[calilove 0]

Does the kid have a passport yet? If not, you're in luck, she can't get one without your permission. I doubt she is leaving as well. But there has to be some kidnapping law because you can't just disappear with a kid. Maybe there is some stupid time limit you have to wait, i dunno. Do you know the address of her relatives? There are ways to get that if you don't, and I would be heading over there

the only thing i have is their phone numbers, one more thing that i just remembered. Before she comes to the US, i recieved a few text messages from people that she knows back in Vietnam, saying i am stupid , she will leave me once she gets here. I didn't believed it then, now it has turned into the truth

[JimVaPhuong 4,863]

Does the kid have a passport yet? If not, you're in luck, she can't get one without your permission. I doubt she is leaving as well. But there has to be some kidnapping law because you can't just disappear with a kid. Maybe there is some stupid time limit you have to wait, i dunno. Do you know the address of her relatives? There are ways to get that if you don't, and I would be heading over there

The child would never have gotten into the US from Vietnam without a passport. You can't even get into the US from Canada anymore without a passport or one of those border crossing cards.

Parental kidnapping laws don't apply if there is no custody order. Parental rights cannot be enforced until those rights have been established. Until a court establishes what those rights are, the parent with physical custody of the child can do pretty much anything they want.

[JimVaPhuong 4,863]

Someone in another forum and thread described this scenario as "pulling a runner". That means the beneficiary arrives on US soil, and at the first opportunity they disappear.

Something is very wrong about this scenario. Unless this relationship fell apart after she arrived, then she just used you to get a ticket across the border and into the US. Whatever her relatives have said to her wouldn't change this. You can't talk someone out of being in love. Any chance of those "relatives" is an old boyfriend?

Unfortunately, the police can't do anything about the child unless she's violating a child custody order. If you want to keep her from taking the child back to Vietnam (if that's her plan) then you need to get a family law attorney fast. If you can get a temporary custody order, then you can ask the court to seize the child's passport until final custody can be determined. Otherwise, there is nothing you can do to prevent her from leaving the country with the child. There are no protective measures in place to prevent a US citizen from leaving the US with a valid passport.

how can i get a temporary order, go to any court and ask them or what? please help

Because you're not married, you first have to get the court to confirm that you are the legal father. The CRBA should be enough to get that done. Then, you need the court to issue a temporary order of shared custody, and petition the court to seize the child's passport.

You need a good family law attorney, and you need one FAST!

[Rings 10]

If you want the child you need to listen to these people. You must establish your parental rights in a court of law. You need a family attorney that can file for a custody agreement. Has this child ever left the country? If not, then the child probably does not have a passport. I doubt she is leaving America she probably used you to get here. She is not likely going to leave, but if you want your rights to that child then you must file for custody. You must establish that you are the father by law and you must do this fast.

[Got Charmed 0]

My fiancee just came here about 1 month on a K-1 visa. She has to marry me within 90 days, but we haven't yet. Recently her relatives that live about 2 hours away have been contacting her. Everytime i asked her what do they want, she says they just wanted to say hi and see how she is doing. Yesterday i came home from work, came to my surprise, she took off with them and took our baby along with her. I called the cops but they said she has the right to go anywhere, and also can take the baby anywhere she likes since that's her baby. She took her visa, passport and all the baby paperwork with her, the baby is a US citizen. Now i am so depress, and need everyone's help on this. What should i do, the cops cant do anything about this. Does she have the right to take the baby anywhere? what about back to Vietnam? please help me!!

Ok 1st thing is to get you a family law atty. many people here will have opinions and thats good, but get you an atty, i went through this with my ex in my previous marriage and i was able to get my son back through the legal system on the spot, she has parental rights, but to move the child across state lines without your consent is not legal, so take my advice and get you an lawyer get the judge to sign the court order and go to wherever she is staying have the police dept there to serve the order and get your child of course there is more but i will let your atty. be the one to explain it to you, she has made a very big mistake and this is one she will lose.

[JimVaPhuong 4,863]

If you want the child you need to listen to these people. You must establish your parental rights in a court of law. You need a family attorney that can file for a custody agreement. Has this child ever left the country? If not, then the child probably does not have a passport. I doubt she is leaving America she probably used you to get here. She is not likely going to leave, but if you want your rights to that child then you must file for custody. You must establish that you are the father by law and you must do this fast.

The child was born in Vietnam. It has a US passport because his father is a US citizen, and his birth was reported and registered at the US consulate. In other words, the child entered the US as a US citizen with a valid US passport.

There's no telling what his fiancee is going to do without knowing why she took off. If this was planned from the beginning, then it's an idiotic plan - she'll never get legal status in the US now. I guess it's possible that she planned from the beginning to split and become an illegal alien, but it's almost inconceivable that someone would go through the whole K1 process and CRBA just to become an illegal. A genuine green card scammer would keep up the charade for a few months until they got their conditional green card.

If she left because she was not happy in the relationship or living in America, then it's distinctly possible she may go back to Vietnam with the child. She can't legally work in the US, but it's up to the employer to verify the legal status of their employees. Like her relatives told her, they own the business, so she can work there if they don't report her.

Ok 1st thing is to get you a family law atty. many people here will have opinions and thats good, but get you an atty, i went through this with my ex in my previous marriage and i was able to get my son back through the legal system on the spot, she has parental rights, but to move the child across state lines without your consent is not legal, so take my advice and get you an lawyer get the judge to sign the court order and go to wherever she is staying have the police dept there to serve the order and get your child of course there is more but i will let your atty. be the one to explain it to you, she has made a very big mistake and this is one she will lose.

They aren't married. The parental rights that are automatically extended to married parents do not apply. The US government recognizes that he is the father because they granted US citizenship to the child, but family law is governed by the states. Before he will have any parental rights that can be enforced he will need a court to determine:

1. He is the father of the child.

2. He has a right to custody and/or visitation.

3. The child's mother is ordered NOT to remove the child from the state (this is usually automatic in a custody proceeding).

4. The court seizes the child's passport so it cannot be taken out of the country.

#4 is important because the state can do nothing to prevent a violation of #3. The state can only take action after the fact. This would be impossible if she isn't in the US.

Until these things are done, his fiancee can take the child anywhere she wants. She doesn't need his consent.

[BinhJerome 14]

Sorry to hear bout your luck.

It still sounds like you do love her. I am not trying to defend her in any way. But if you do love her maybe you were not listening to her and seeing how bad of a shape she was in. If you want my advice, I would consider going to her relatives, do not make a scene as this will further put yourself from her. Just talk with her if you can find her, maybe even consider moving to be there with her and her relatives. This is just a suggestion, but from their point if she did not know anyone but her family and you then she was probably very lonely. I do not know about the text messages you received and I would have done the same thing you did and would have ignored them. I know that I love my fiancée and she loves me and if she were to get over here and do what your fiancée did, I would follow Binh. Try to work it out and come to some sort of solution. I would be worried about fileing kidnapping charges until you saw her face to face, and then if you see her face to face you can get custody. But first I would go to where you think she is. That or call the nail shop from a friends phone put it on speaker and see if you can hear her voice there. If so then go there. But as you said that is all she knows so you do know she should be there. With everything you have gone through so far, it would not hurt to maybe see her and possibly move to be near to her family. If you an not move there then you should go visit them every chance you get so that she is not feeling alone in America. I know there is fraud and it happens, but you know your relationship and only you. Think about what you want, and what is best for your child. If you get sole custody and they yank her from America then your son will probably never get to see her or her family. If you try to get her removed from the USA then it makes you look like the villain. You are in a lose lose situation. I would either cut all ties, or try to get what you really want, and for the last year plus you have wanted your fiancée. she might just need to see you and know that you are not mad, maybe she left only for a while and then got scared about what you would say or do. Maybe her family filled her head with lots of ####### maybe not. All I know is that if you over react now you have shown her your bad side and right now you are both not married and as you said she does have your child.

Good luck on what ever you choose, but remember she is alone and scared over here. Don't jump to the worst case scenario all at once, but not being able to talk to her is not helping your cause, you should at least go there and see her, but when/if you do remain calm do not threaten her in any way and this means taking her/your child or her having to go back to Vietnam because she did not marry you. Good luck

Jerome

[Kevin&Loan 0]

Man, this is a second time I have seen this kinda thing happened to members on this board except the first member, he deserved it and he got what he wished for. In your case, I am speechless. However, beside retaining an attorney, it does not hurt to consult with Child Protective Services and see what they have to say.