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msadelove

Leaving USC spouse while i-751 pending

By msadelove in Removing Conditions on Residency General Discussion

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msadelove Newbie

msadelove   0

Posted
Filed: Lift. Cond. (pnd) Timeline
Posted

I need some advice, I just had a baby about 2 weeks ago for my USC citizen spouse, and during our fights he has threatened to take the baby from me and have me deported, if I try to leave him. My i-751 is pending, I am a June flier. I need to know if:

a) I leave him and move to another state to run to a shelter for protection with my baby, if it will affect my pending i-751

b) I need to know if he can have me deported, if I divorce him or separate from him.

I am very scared and do not know what to do?

Brother Hesekiel Mentor

Brother Hesekiel   2,236

Posted
Filed: Other Timeline
Posted

I need some advice, I just had a baby about 2 weeks ago for my USC citizen spouse, and during our fights he has threatened to take the baby from me and have me deported, if I try to leave him. My i-751 is pending, I am a June flier. I need to know if:

a) I leave him and move to another state to run to a shelter for protection with my baby, if it will affect my pending i-751

b) I need to know if he can have me deported, if I divorce him or separate from him.

I am very scared and do not know what to do?

Ahh . . . true love . . .

a) unfortunately you cannot move out of the state and take the baby with you. If you do that, your loving husband has a case to press charges for child kidnapping. You absolutely don't want that!

b) he cannot get you deported. You can leave him, but you need to stay in the same state.

Now here's your problem:

You filed jointly, I take it. If so, you would have to change your joint petition to that of a singularly filed one. It can only be adjudicated once your divorce is final. How long that will take depends on the state you reside in.

What state do you live in?

When does your Green Card expire?

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

sib Enthusiast

sib   7

Posted
Filed: K-1 Visa Country: Germany
 Timeline
Posted

This is a difficult situation.

You just had a baby, both of you are responsible for the baby! If you take the baby and move without telling your husband, this is considered child kidnapping and this would cause a lot of trouble for you.

Please also consider: A baby is putting a lot of stress to both parents. Maybe your husband is overwhelmed and that's why he is fighting? Try to talk, if possible.

If no talking is possible you can go to a shelter in your town with the baby and ask for help.

Your husband can not deport you! You can divorce your husband. The courts will decide about custody. Depending on the state you will receive joint custody. If children are involved, divorces are more difficult.

Wishing you luck!

Sib

 
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