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Filed: K-1 Visa Country: Colombia
Timeline
Posted

I asked this question before and responses went off target Ill try this again I got married a year ago to colombian we had a child my wife now wants to go back home and shes trying every trick in the book to try and take baby back to colombia,

1 i want my daughter here the mother is unstable

2 if my wife decideds after divorece she wants to stay here am i finacially responsible for her I have got her all her working papers and am wondering what I am on the hook for.

trying to figure best route for my daughter and its not to be with her mother.

she has us passport already she will not have the means to upand leave so we can leave the abduction of child comments out of this,

thanks in advance

jeff

Filed: Citizen (apr) Country: Iran
Timeline
Posted

1. Custody is determined in family court during the divorce proceedings.

2. You as the sponsor are responsible to the US government if she becomes a public charge under the terms of the I-864. Divorce does not absolve you of this responsibility. Any other support for her would be determined by the family court/divorce proceedings.

Filed: Lift. Cond. (apr) Country: Ghana
Timeline
Posted

Your best bet will be to try to file for custody of your child. If you have good proof that she is "unstable" then that might be of some help. If she does decide to stay here after all then i'm guessing that according to the I-864 you will be responsible for her if she does become a charge of the state or some (i might be wrong). You may have to pay child support, which i have a feeling you have no problem with, but if she has a job and able to take care of herself then i doubt you'll be responsible for her financial needs.

AOS From B2 Journey

8/13/10: AOS Package Sent

8/16/10: Package Received at Chicago Lock Box

8/26/10: Checks Cleared and Case Transferred to NBC

8/30/10: NOA Text/ Email and Hard Copy

8/31/10: Case Status Appears On USCIS Site

9/9/10: I-130 I-485 I-765 Touched

10/5/10: Called USCIS abt "No Bio Letter" / Service Request

10/13/10: Hard Copy Service Request

10/20/10: I-765 I-485 Touched

10/21/10: I-765 I-485 Touched Again :-)

10/23/10: Biometric Letter Received For Nov 15 App

11/15/10: Biometric Appointment

11/15/10: EAD Approved..... I-485 & I-765 Touched

11/16/10: Card Production Ordered.....I-485 & I-765 Touched

11/19/10: Card Production text and email received again for I-765. I-765 Touched

11/23/10: EAD Received

11/29/10: Applied for ID and SS card

12/04/10: SS card and AOS Interview Letter received

01/04/11: AOS Interview..APPROVED!!!

01/13/11: Green Card Received

ROC JOURNEY

10/09/12: ROC Filed

10/12/12: Package delivered to VCS

10/17/12: Check cashed, but no NOA1 yet.

10/20/12: NOA1 hardcopy received. Dated 10/15/12

11/09/12: Biometrics Notice

12/04/12: Biometrics Done

01/04/13: 2yr GC expires

04/26/13: RFE :-(

05/22/13: REF Response Mailed

06/06/13: Text and Email update: Card production ordered!!!

06/10/13: USCIS update about card mailed!

06/12/13: CARD RECEIVED!!! dancin5hr.gif

Filed: IR-1/CR-1 Visa Country: Russia
Timeline
Posted

Unless your wife is afflicted with serious mental illness or a drug addiction, and assuming that your wife did not work, but took care of the child...

the court will probably give you joint custody for the child, making it impossible for her to leave and take the child to Columbia.

But, she is likely to get the child living with her and you are likely to be liable for child support, alimony and will have to provide medical insurance at least for the child (but may be for both of them). Reasons for divorce, the state laws and quality of lawyers will determine the judgement. Nobody here can tell you for sure.

CR-1 Timeline

March'07 NOA1 date, case transferred to CSC

June'07 NOA2 per USCIS website!

Waiver I-751 timeline

July'09 Check cashed.

Jan'10 10 year GC received.

Filed: Other Timeline
Posted

Yes you got this question answered before.

Here the simple version.

You get divorced.

Court most likely gives you joint custody unless you intervene.

If your wife leaves the US, she cannot take the US citizen child with her without your explicit and written permission.

If you are afraid she would do that, you need to bring this up during the divorce hearing.

On one hand you state that your wife "now wants to go back home and shes trying every trick in the book to try and take baby back to colombia," and in your same post you state "she has us passport already she will not have the means to upand leave so we can leave the abduction of child comments out of this."

These two statements from you are contradictory.

Either she will try every trick in the book to take the baby to Columbia, or she will not have the means to do that, so she won't be guilty of child kidnapping, which this would be.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

Filed: K-1 Visa Country: Philippines
Timeline
Posted

Yes you got this question answered before.

Here the simple version.

You get divorced.

Court most likely gives you joint custody unless you intervene.

If your wife leaves the US, she cannot take the US citizen child with her without your explicit and written permission.

If you are afraid she would do that, you need to bring this up during the divorce hearing.

On one hand you state that your wife "now wants to go back home and shes trying every trick in the book to try and take baby back to colombia," and in your same post you state "she has us passport already she will not have the means to upand leave so we can leave the abduction of child comments out of this."

These two statements from you are contradictory.

Either she will try every trick in the book to take the baby to Columbia, or she will not have the means to do that, so she won't be guilty of child kidnapping, which this would be.

The courts rarely give joint custody unless both parties agree.

-James

James and Cynthia

08-22-2008 - Met my wonderful wife in the Philippines.
03-21-2010 - I proposed to her in the Philippines.
09-07-2010 - I-129F filed for K-1 Visa.
09-12-2010 - NOA1 confirmation email received.
11-02-2010 - I visitied the Philippines again.

02-07-2011 - NOA2 email recieved. Approved.
03-22-2011 - Case at USEM.

04-15-2011 - Interview Date. She passed.
05-01-2011 - POE

06-25-2011 - We were married.

-Life has been great ever since.

 
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