Really difficult...Need advice

[Peru2023 0]

Ive brought this topic to discussion a couple of times, but need to reopen it due to alot of changes. My wife and I have been married for almost 2 years now. We have a beautiful baby girl who is almost 2 years old. We just came back from Peru after waiting there for her K3 visa to be approved. We arrived in the states in December. Her parents and sister also live in the US. She thought because this is a new country that it would be better for her to move closer to her parents, and get adjusted that way. Well that hasnt helped us at all.( Spends all her time with her parents ) Now she wants a divorce. She hasnt adjusted status yet. I try to explain to her if we divorce then she will have to leave. She then says that we should just seperate and adjust her status and then when its approved get divorced. First of all Im not going to do that. Im done throwing money away. My main concern is the kid. I want to get divorced now, but what will happen to the kid. I dont want her to leave! She is my life! If my wife takes her I back to Peru then I know I will never see her. The child has dual nationality. So what are my rights? Can she stay with me? Also when I file for divorce, can I sue her for all the money spent on the petition? Plane tickets etc....

[LIFE'SJOURNEY 970]

First, seek the advise of a divorce lawyer....... Second, donot sign any more papers until you are sure what it is you want from your marriage. Third, you can not get a refund from expenses you spent on courting your wife.

[Anh map 2,098]

It sounds like you need the advice of a good family law attorney first to determine your rights as a parent.

The K3 is a multi-entry visa (two years I believe). From what you say there is time before she would be out of status.

Best of luck.

[Peru2023 0]

First, seek the advise of a divorce lawyer....... Second, donot sign any more papers until you are sure what it is you want from your marriage. Third, you can not get a refund from expenses you spent on courting your wife.

Im not asking for money spent while we were dating. Im asking if I can sue for money spent for processing her paperwork. In my eyes this was a scam, and I spent alot of money the last 2 years bringing her here.

[LIFE'SJOURNEY 970]

Im not asking for money spent while we were dating. Im asking if I can sue for money spent for processing her paperwork. In my eyes this was a scam, and I spent alot of money the last 2 years bringing her here.

Was she your wife at that time, then you can't sue your wife for taking care of her. If it was or is a scam then you need to think about the end rather than what you can get back from what was spent.

You'll have a child together, so you will always be giving some kind of support to your wife for the care of the child.

You need to talk to a lawyer, I am sorry for the hurt you are feeling right now but there is no refund of any kind, you can't sue your wife. That would be like suing yourself, finance gain and spent in a marriage belongs to the both of you.

[Brother Hesekiel 2,236]

Netbook, hard to type, thus short version.

Wife has not adjusted status, she'll go home. If child is US citizen, she can't take her out of the US without your written permission and a US passport. You as the father will get sole custody.

Do not sign any immigration papers anymore.

[LIFE'SJOURNEY 970]

Netbook, hard to type, thus short version.

Wife has not adjusted status, she'll go home.

If child is US citizen, she can't take her out of the US without your written permission and a US passport.

You as the father will get sole custody.

Do not sign any immigration papers anymore.

Please to save yourself some heartaches don't take these statements in quotes above as guarantees. Please seek legal counsel or legal guidances on all matters pertaining to divorce or custody. "Ciao"

[rika60607 215]

this is heartbreaking

will you take mother away from your little daughter? have you considered how it would affect her life and how much she would hate you when she grows up and how she would leave you as soon as she turns 16? You can't act selfish when it comes to your children and not expect to face the consequences.

on the other hand, custody may be granted to your wife, or her parents for that matter. If you are confrontational, they may do the same to you.

Good luck though. You need a divorce lawyer, a good one.

[Boiler 45,559]

Obviously you need a Divorce Lawyer. Particularly with a child involved.

Your Spouses Immigration situation is her problem, it only becomes yours if you agree to assist her in fradulently adjusting her status.

Is the rest of her family here legally?

[sachinky 465]

Retain a good divorce/family lawyer. And an immigration lawyer.

I'm so sorry for your situation and your heartbreak.

Good luck with everything.

[Darnell 8,478]

what the h3ll was wrong with the previous responses in yer prior topics? Really ?!?!??!?! Ya, I remember you from February, and made a serious reply then. ####### ?

You might want to review yer topics, ya?

Click on 'yer profile' then select 'view topics', and study all of the prior replies you've gotten.

IF YOU HAVE ANY ISSUE with stuff in the PRIOR REPLIES, by all means, reply IN THOSE TOPICS, instead of creating a new TOPIC with NEW NOISE. Be Good !

Edited April 19, 2010 by Darnell

[Peru2023 0]

this is heartbreaking

will you take mother away from your little daughter? have you considered how it would affect her life and how much she would hate you when she grows up and how she would leave you as soon as she turns 16? You can't act selfish when it comes to your children and not expect to face the consequences.

on the other hand, custody may be granted to your wife, or her parents for that matter. If you are confrontational, they may do the same to you.

Good luck though. You need a divorce lawyer, a good one.

Why does everyone always side with the mother during custody issues! Im in my daughters life way more then she is. Just because she carried her for nine months doesnt make her a mother. Im not taking anyone away from anybody....this is HER choice! I didnt choose to screw someone over! She should of thought about that before bringing someone into this world. Grant her parents custody...are you kidding me? They cant even take care of themselves.

[Peru2023 0]

what the h3ll was wrong with the previous responses in yer prior topics? Really ?!?!??!?! Ya, I remember you from February, and made a serious reply then. ####### ?

You might want to review yer topics, ya?

Click on 'yer profile' then select 'view topics', and study all of the prior replies you've gotten.

IF YOU HAVE ANY ISSUE with stuff in the PRIOR REPLIES, by all means, reply IN THOSE TOPICS, instead of creating a new TOPIC with NEW NOISE. Be Good !

WOW! I didnt know that it was an issue to reopen a topic....I guess I will listen to you and not ask for advice anymore. I just thought maybe there were some new people that joined that maybe had better advice then just get an attorney...obviously I will need an attorney. Im trying to find out if anyone has gone through this or knows of someone that maybe could help...........but I guess this is the wrong place

[Peru2023 0]

Was she your wife at that time, then you can't sue your wife for taking care of her. If it was or is a scam then you need to think about the end rather than what you can get back from what was spent.

You'll have a child together, so you will always be giving some kind of support to your wife for the care of the child.

You need to talk to a lawyer, I am sorry for the hurt you are feeling right now but there is no refund of any kind, you can't sue your wife. That would be like suing yourself, finance gain and spent in a marriage belongs to the both of you.

Let me explain one more time...This person is a fraud. Screwed me out of thousands of dollars! Told me she loved me and would spend the rest of her life with me. Spent hours gathering information for interviews, doctors appointments, travels etc.... All for her to come to the United States. Now she is here,( 4 months now ) and wants a divorce? So I basicly funded her trip to the US. And Im not entitled to ask for any of that money back?

[TracyTN 237]

It's been said already multiple times - maybe this time it will seep through.

Get a divorce lawyer for the divorce part (including the $ you want to recoup) and help with the child custody issues; if you suspect immigration fraud, do not help her file any papers to keep her here.

Pretty simple really.