Divorce after 1 year with child

[Mrsmith 0]

I'll try to make this short as possible. While living in Bulgaria I dated a Bulgaria girl. After 6 months , she decided to try to get a US tourist visit and got it. 2 months later she got pregnant and had the baby in Bulgaria. We then went the the US to get married on her tourist visa. She then received her 2 yr resident card. We decided to move back to Bulgaria where we are currently. But after less than 1 yr of marriage she wants to return to the US, alone with the baby and live with friends. Fine, if she wants a divorce. But I don't want her to go back to the US or have custody of the child. She has nothing there and no money. She also got arrested for shoplifting after we got married in the US, but got the charges dropped, since it was her 1 st offence. She is now asking me to sign papers so our child can leave Bulgaria for the US and she will return on her temp. US green card. She is also asking me to "help" her with the papers to become legal, then after she says I can divorce her. I have this in an email she sent me from her acct. I could probably get this on tape talking about this, if needed. This is fraud 100% in my eyes, though we have a child together. I didn't see this coming.

Should I not sign the papers for the child to leave, forcing her to stay in Bulgaria?

or if she is in the US with the baby, would I have a better change to get custody?

We are currently also not residing in the US as the law says to during the first 2 yrs. We have no evidence together like accts, bills ..etc in the US either

Can someone offer advice . I know I need an attorney, but its tough from Bulgaria since I want a US attorney

Thank you

Edited April 23, 2010 by Mrsmith

[justashooter 430]

We are currently also not residing in the US as the law says to during the first 2 yrs. We have no evidence together like accts, bills ..etc in the US either

Can someone offer advice . I know I need an attorney, but its tough from Bulgaria since I want a US attorney

Thank you

you need an attourney, but you know that.

suggested hardball game plan:

1.) keep the kid in bulgaria by any possible means to keep her there.

2.) allow time to lapse since her last entry into US. 18 months at minimum, so the green card dies.

3.) tell her you want to take the kid to USA to see your family and that you will file paperwork for her as soon as you arrive.

4.) file divorce in abstentia from USA location.

5.) forget about her.

[Mrsmith 0]

you need an attourney, but you know that.

suggested hardball game plan:

1.) keep the kid in bulgaria by any possible means to keep her there.

2.) allow time to lapse since her last entry into US. 18 months at minimum, so the green card dies.

3.) tell her you want to take the kid to USA to see your family and that you will file paperwork for her as soon as you arrive.

4.) file divorce in abstentia from USA location.

5.) forget about her.

Thanks for the reply. Basically, I want custody of the child and am tryng to fiqure out how to prove fraud in court . She wants to go back to the US with the child in June. I can provide the e-mail with her asking to help her get residency and possible get a taped conversation about it. We went back to the US for Easter ,so she hasn't been out of the US long.

[Brother Hesekiel 2,236]

Okay,

if I understand correctly, YOU are the US citizen. You both live in Bulgaria. Just-a-shooter gave you excellent advice, however, he didn't know that you guys went back to the US for Easter, as you left out this important detail in your original post.

That changes things.

I assume the child has a US passport and a Bulgarian passport?

Well, "proving in court" that your wife "used" you to get immigration benefits is a lost battle, especially since you two have a child together. Forget it.

So let's look at the two parts of your problem: her immigration and your child.

1) Immigration

Your wife will have to remove conditions within the last 90 days before her Green Card expires. For that you both have to file a joint petition. If you refuse to sign it, she can file alone based on a waiver, at which time she has to prove that she ENTERED the marriage in good faith. With a child and living together with you, there's a good chance that she can pull that off.

Adverse points is that you LIVED in Bulgaria, so if you pushed that point, she would have abandoned her US residence already. Had you not visited the US at Easter, things would have been much, much easier.

There's one road block, however: in order to FINALIZE the ROC, you need to be divorced. She can file for ROC within the last 90 days, but it will not be approved before the divorce is final. Therefore, if you do not agree to a divorce, you're making her life a lot more difficult. (There's more to this, but this is not the time.)

2) Custody

If she can remove conditions on her own, she will get her 10-year Green Card. If she divorces you then, the Judge will decide upon custody. Unless she is a total unfit mother (drug addict, prostitute, etc.), she will either get full custody or joint custody. There's no way in hell that you get full custody of the child if the mother is a LPR.

If she can't successfully remove conditions on her own, and is ordered to leave the US, you have a shot.

Again, there are many small points to consider here, but I don't want to confuse you. See this as a plain, general road map when making a battle plan.

[Mrsmith 0]

Okay,

if I understand correctly, YOU are the US citizen. You both live in Bulgaria. Just-a-shooter gave you excellent advice, however, he didn't know that you guys went back to the US for Easter, as you left out this important detail in your original post.

That changes things.

I assume the child has a US passport and a Bulgarian passport?

Well, "proving in court" that your wife "used" you to get immigration benefits is a lost battle, especially since you two have a child together. Forget it.

So let's look at the two parts of your problem: her immigration and your child.

1) Immigration

Your wife will have to remove conditions within the last 90 days before her Green Card expires. For that you both have to file a joint petition. If you refuse to sign it, she can file alone based on a waiver, at which time she has to prove that she ENTERED the marriage in good faith. With a child and living together with you, there's a good chance that she can pull that off.

Adverse points is that you LIVED in Bulgaria, so if you pushed that point, she would have abandoned her US residence already. Had you not visited the US at Easter, things would have been much, much easier.

There's one road block, however: in order to FINALIZE the ROC, you need to be divorced. She can file for ROC within the last 90 days, but it will not be approved before the divorce is final. Therefore, if you do not agree to a divorce, you're making her life a lot more difficult. (There's more to this, but this is not the time.)

2) Custody

If she can remove conditions on her own, she will get her 10-year Green Card. If she divorces you then, the Judge will decide upon custody. Unless she is a total unfit mother (drug addict, prostitute, etc.), she will either get full custody or joint custody. There's no way in hell that you get full custody of the child if the mother is a LPR.

If she can't successfully remove conditions on her own, and is ordered to leave the US, you have a shot.

Again, there are many small points to consider here, but I don't want to confuse you. See this as a plain, general road map when making a battle plan.

[Mrsmith 0]

Thanks for the reply. Yes , I am the US citizen. What if I don't sign the papers for the child to leave the country(Bulgaria)? Can she get around this somehow? For example , if I'm not living perm. in Bulgaria? If I don't AOS with her, then I won't be responsible for 40 quarters of support, right?

Thank you

[milimelo 4,583]

Thanks for the reply. Yes , I am the US citizen. What if I don't sign the papers for the child to leave the country(Bulgaria)? Can she get around this somehow? For example , if I'm not living perm. in Bulgaria? If I don't AOS with her, then I won't be responsible for 40 quarters of support, right?

Thank you

No, you're on the hook ever since she got her GC - that's for 10 years, or 40 quarters of work or her US citizenship or your or hers death. She doesn't need another I-864 for Removal of Conditions.

Does Bulgaria require paperwork with your authorization for her to take the child out of the country on US (or Bulgarian) passport?

[sara..... 371]

isnt there some law some place that no parent can remove a child to live in another country with out the permission of the other parent? something about child abduction?

when we travel with my younger siblings my mom has to get permission on paper for them and has had to show it a few times to prove she is not just leaving country withe the kids with out permission from my father.

just my opinion

sara

[milimelo 4,583]

isnt there some law some place that no parent can remove a child to live in another country with out the permission of the other parent? something about child abduction?

when we travel with my younger siblings my mom has to get permission on paper for them and has had to show it a few times to prove she is not just leaving country withe the kids with out permission from my father.

just my opinion

sara

That was my thought too, that's why I asked. Is this the Hague convention on prevention of international kidnapping or something like that?

[DanielParul 50]

Ok a bit off topic but I have a question about taking your child out of the US. Do I need permission to go to India with my son alone who is a natural born USC and I am an LPR and hubs and I are happily married? I thought it was only for parents who were divorced and so needed permission from the other parent. I might be wrong now that I read more.

[MSPtoYYZ 0]

Ok a bit off topic but I have a question about taking your child out of the US. Do I need permission to go to India with my son alone who is a natural born USC and I am an LPR and hubs and I are happily married? I thought it was only for parents who were divorced and so needed permission from the other parent. I might be wrong now that I read more.

I have to get a permission letter from my hubby every time my daughter and I fly to Canada to see him. I get asked for it every time I go through customs. The letter basically states that I am the mother, he is the father, and I have his permission to bring her out of the country to visit him.

[thongd4me 69]

Thanks for the reply. Yes , I am the US citizen. What if I don't sign the papers for the child to leave the country(Bulgaria)? Can she get around this somehow? For example , if I'm not living perm. in Bulgaria? If I don't AOS with her, then I won't be responsible for 40 quarters of support, right?

Thank you

You do need legal advice as this is a lot more complicated than anyone here can imagine.

From your first post it appears that you don't have all your feelings sorted out relative

to your wife and your kid and therefore you don't have a firm plan of action.

If you want the kid to come to the US without her, you won't get any help from the

Bulgarian authorities to be sure. Do you think you can prove to them that she is unfit?

Since the child is quite young hopefully you have bonded. I don't see however

that either the US or Bulgaria would stand for the mother & child being separated,

even if you plan to divorce.

Did she want to go to the US while you remain in Bulgaria? If you allow that then

it would seem that you don't care one way or the other. I hope that's not true,

but your motives for not wanting her to do that seem to be based on the fear

that you will have to pay her more support if she goes to the US where the legal

system will have something to say about "equitable distribution." I didn't mean

to be cynical here but that is a possible view which others may have of your position.

That being said, she seems to have taken lessons from my ex-wife,

who pretty much thought that she could get everything she wanted from me

while not considering my feelings about pretty much anything. She's playing

games and perhaps using your child to make sure that everything gets done

to her convenience & satisfaction alone. She seems to have a plan while

yours (at present) seems to be just reacting to the things she has demanded.

It would seem you have to get legal advice in both countries, as the laws of

both countries will apply to the circumstances which concern them.

[thongd4me 69]

Ok a bit off topic but I have a question about taking your child out of the US. Do I need permission to go to India with my son alone who is a natural born USC and I am an LPR and hubs and I are happily married? I thought it was only for parents who were divorced and so needed permission from the other parent. I might be wrong now that I read more.

My ex wife who has a 10 yr green card had to have my permission to get the kids passports

but did not have to have permission to take them out of the country (while we were separated

but not divorced). Since you are married, the same should apply.

[Dr. Obvious 49]

I have to get a permission letter from my hubby every time my daughter and I fly to Canada to see him. I get asked for it every time I go through customs. The letter basically states that I am the mother, he is the father, and I have his permission to bring her out of the country to visit him.

Yeah, that was fun when I got the child abduction 10th degree from a US POE officer (I am the USC). Get and bring the letter.

[DanielParul 50]

Well I guess its better to take a letter just incase.