Pregnant by my busband. He doesn't want the baby and he asks me for an abortion.

[-pH- 0]

if not he wants to send me back to my country. I came to the U.S. last year being a K-1 visa holder and a few weeks later my husband and I got married. Around April this year I have recieved a temporary green card that allows me to stay and work legally over here. In order to qualify for the citizenship my husband and I have to stay together for next two years (since the day I've recieved the green card) and after that nobody would be able to force me to leave the country. Now that I'm pregnant my husband wants to separate and send me to my country, while he would be sending me the money. Unfortunately I just cannot come back. I have mom that I have to take care for and a baby on the way. If I leave U.S. all of us have no future. I wanted to stay here and finish my college ASAP to be able to take care of the baby myself. I want the baby to have the possibility to come back here even if I move out from the U.S. This is all I want from him to help me out with the school for about 4 years while my mom would be taking care of the baby. Finishing college in my country is impossible for reasons that it's too long to write about. Does anyone think I could be protected by law in this situation? I just cannot believe that even If I am pregnant by him, after he files for separation they will make me leave the country. I am 20 years old I study and I work but I don't think I can afford finacially to contact a lawyer. Please if anyone knows a little bit about it, help me!!

Pauli.

[sukimi 0]

There's some information missing. Baby aside, is it over between you? Had you planned on having children?

If the answer to both those questions is yes, then divorce him, stay in the country, and file for the 10 year green card without him. You don't need to stay with him to become a citizen.

Edited September 15, 2006 by sukimi

[OLA&JP 0]

There's some information missing. Baby aside, is it over between you? Had you planned on having children?

If the answer to both those questions is yes, then divorce him, stay in the country, and file for the 10 year green card without him. You don't need to stay with him to become a citizen.

But what do you mean by saing she doesn't need him. He has to give her Affidavid of Support again for 10 year GC?!?!?!?!

If not, how does it work?

[russ 1]

Please if anyone knows a little bit about it, help me!!

Pauli.

Talk to a lawyer. It is possible to divorce, remove conditions, and stay in the US with baby.

If you can't afford it, there are lawyers who will do this for free. If you need help finding them, send me a PM.

Call every lawyer in the phonebook. Explain your situation quickly - At least one should tell you who might be able to help. (There are charaties which do such things).

[meauxna 15]

There's some information missing. Baby aside, is it over between you? Had you planned on having children?

If the answer to both those questions is yes, then divorce him, stay in the country, and file for the 10 year green card without him. You don't need to stay with him to become a citizen.

But what do you mean by saing she doesn't need him. He has to give her Affidavid of Support again for 10 year GC?!?!?!?!

If not, how does it work?

No, he doesn't have to give an Affidavit of Support for the 10 year card.

Familiarize yourself with the process here:

How Do I Remove the Conditions on Permanent Residence Based on Marriage?

How Can I Get a Waiver of the Requirement to File a Joint Petition?

If you are unable to apply with your spouse to remove the conditions on your residence, you may request a waiver of the joint filing requirement. You may request consideration of more than one waiver provision at a time.

You may request a waiver of the joint petitioning requirements if:

Your deportation or removal would result in extreme hardship

You entered into your marriage in good faith, and not to evade immigration laws, but the marriage ended by annulment or divorce, and you were not at fault in failing to file a timely petition.

You entered into your marriage in good faith, and not to evade immigration laws, but during the marriage you were battered by, or subjected to extreme cruelty committed by your U.S. citizen of legal permanent resident spouse, and you were not at fault in failing to file a joint petition.

Please see USCIS Form I-751 (Petition to Remove the Conditions on Residence) for more specific information on waivers.

[diadromous mermaid 36]

There's some information missing. Baby aside, is it over between you? Had you planned on having children?

If the answer to both those questions is yes, then divorce him, stay in the country, and file for the 10 year green card without him. You don't need to stay with him to become a citizen.

But what do you mean by saing she doesn't need him. He has to give her Affidavid of Support again for 10 year GC?!?!?!?!

If not, how does it work?

No, he doesn't have to give an Affidavit of Support for the 10 year card.

Familiarize yourself with the process here:

How Do I Remove the Conditions on Permanent Residence Based on Marriage?

How Can I Get a Waiver of the Requirement to File a Joint Petition?

If you are unable to apply with your spouse to remove the conditions on your residence, you may request a waiver of the joint filing requirement. You may request consideration of more than one waiver provision at a time.

You may request a waiver of the joint petitioning requirements if:

Your deportation or removal would result in extreme hardship

You entered into your marriage in good faith, and not to evade immigration laws, but the marriage ended by annulment or divorce, and you were not at fault in failing to file a timely petition.

You entered into your marriage in good faith, and not to evade immigration laws, but during the marriage you were battered by, or subjected to extreme cruelty committed by your U.S. citizen of legal permanent resident spouse, and you were not at fault in failing to file a joint petition.

Please see USCIS Form I-751 (Petition to Remove the Conditions on Residence) for more specific information on waivers.

Absolutely! And I'll add that this US citizen, apparently, does not want children, at least not at this time. This is the second pregnancy he's wanted to be terminated. Now I'll grant that it takes 'two to tango', and if your husband doesn't want children, there are any number of practices to ensure it...and he can take part in that! Please consult a lawyer before doing anything.

[Adam_23 0]

I dont think that you can file for the permanent green card wiithout your husband. That is the whole point of first giving a temporary green card as opposed to what other individuals doing other kinds of petitions (son petitioning for their mother, etc) get. Immigration wants to make sure that you people still together, otherwise there would be a lot of fraud. Unless you are a victim of domestic violence, (husband convicted by a court of domestic violence) (you did not say you were) you can not file for permament green card. Immigration does not care whether you are pregnant, they dont care if deportation will result in extreme hardship, daily they deport people that have children (born in the USA) I know of a person about to get deported, she has a five year old and a three year old. I guess you can get a lawyer and make your case, Good Luck

[meauxna 15]

I dont think that you can file for the permanent green card wiithout your husband. That is the whole point of first giving a temporary green card as opposed to what other individuals doing other kinds of petitions (son petitioning for their mother, etc) get. Immigration wants to make sure that you people still together, otherwise there would be a lot of fraud. Unless you are a victim of domestic violence, (husband convicted by a court of domestic violence) (you did not say you were) you can not file for permament green card.

Did you read NOTHING else in the thread? She can file for the permanent green card without her husband.

Don't stay misinformed, really, there's no excuse!

[diadromous mermaid 36]

...Unless you are a victim of domestic violence, (husband convicted by a court of domestic violence) (you did not say you were) you can not file for permament green card.

The "battered spouse" waiver may sound like it's restricted to corporal violence, and it might even be a misnomer, but it's not restricted to physical battery. Emotional abuse also applies. Foisting control over one's spouse, by stating that a person must do something (and most especially if that involves a violation of her own body) or else they will be deported is emotional abuse. The OP should consult a lawyer, or seek out a local Catholic Charities, that might provide legal services to her, or at the very least point her in a direction where she can get pro bono legal assistance.

[feasant 0]

abortion, no. cut his balls off and see how he likes it.

[dmartmar 1]

Is the baby your way to a GC?

[JayJay 4]

Dear God, what a b*stard! Sorry...just the first thing that came to mind there. Honestly, I never get it when they go "baby, let's get in the sack and do it" then after that go try to terminate the life that came from their own loins. How brainless! Maybe someone ought to ahve told him what willies are for!

I'm right there with you and everything Mermaid, Meaxuna and others have said: you most certainly CAN self-petition - and don't let anyone say you can't. There are protective laws in place for exactly this problem: when a not-so-pleasant citizen decides they can "make you go back to your own country" at will, for any reason at all.

You're your own lady - you have new life within you - do what you need to do and don't let yourself be bullied. I wish you much happiness and luck (F)

[akdiver 3]

Honestly, I never get it when they go "baby, let's get in the sack and do it" then after that go try to terminate the life that came from their own loins. How brainless! Maybe someone ought to ahve told him what willies are for!

Wow - nothing like being judgemental and believing that one's personal beliefs are the absolute standard for everyone else....

Cheers!

AKDiver

[alix 20]

Sorry to say this...but if you knew he didn´t want children and you do, why did you marry him? And if he didn´t want children now, why didn´t you use birth control and waited until both were ready? In a real marriage, people talk about their wishes and dreams and what both expect from this relationship. It all sounds a bit too odd for me!

Edited October 9, 2006 by alix

[akdiver 3]

Sorry to say this...but if you knew he didn´t want children and you do, why did you marry him? And if he didn´t want children now, why didn´t you use birth control and waited until both were ready?

Well, the OP makes this crystal clear in her post:

This is all I want from him to help me out with the school for about 4 years while my mom would be taking care of the baby

The answer to your question is because she just wants to exchange sex for money - and get a greencard to boot.

It appears that by having a baby she is ill-equipped to have and can't afford anyway, she can use this man for free tuition money while using her mother as a free babysitter.

Cheers!

AKDiver