When we argue,he threatens not petition for me ! I need advice..

[Adriene H 89]

We've been together for 10 yrs and married for almost 5 years.Plus we have a kid. I cant believe how spiteful he could be at times.He threatens to not allow me to get the Green Card.We sent the I 130 which I learned was a mistake to send as a stand alone.Anyhow,I could wait since I did it the long way..What bothers me is the constant threats.ahe also needs to gather his tax information and still hasnt.My Joint Sponsor will have my documents ready by next week and after that,I just need to do my Medical.My husband is causing alot of stress.Do I have any rights as his wife for half a decade and the mother of his child ?? i mean,just incase he does something ?

So sorry this is happening to you!

But whatever happens, please please try not to use

an innocent child as a pawn in all this.

[Leatherneck 693]

For the long term, I hope you can get this worked out and get on a path to a happier marriage.

In the mean time, be wise, shrewd and patient for what is in the best interest of your child

and for what you need or want.

Your immigration yoke is uneven today, however, it will not remain so.

[bigdog 376]

I would get competent legal advice both on divorce and immigration if needed. Good Luck.

[AroojandAmin 7]

Its really wrong of your husband to threaten you like that...but you should not feel threatened at all... if he goes overboard again and makes empty threats just let him know what the consequences of him not filing for you would be...maybe not being able to see the child at all and/or child support..if that doesn't stop him...this guy is not good at heart because someone who exploits n threatens a person dependant on him seriosly has issues. but i would suggest that you first try to talk to him calmly n just let him know that its hurtful when he says that n then in a calm tone of voice just let him know about the consequences, i hope that will make him stop. I wish you n ur child the very best

[Peace be still 6]

We've been together for 10 yrs and married for almost 5 years.Plus we have a kid. I cant believe how spiteful he could be at times.He threatens to not allow me to get the Green Card.We sent the I 130 which I learned was a mistake to send as a stand alone.Anyhow,I could wait since I did it the long way..What bothers me is the constant threats.ahe also needs to gather his tax information and still hasnt.My Joint Sponsor will have my documents ready by next week and after that,I just need to do my Medical.My husband is causing alot of stress.Do I have any rights as his wife for half a decade and the mother of his child ?? i mean,just incase he does something ?

Canada is a beutiful place to live, heck you get free medical there. But I believe you do have rights, I personally believe you will just fine.

[GVMack 9]

I would get competent legal advice both on divorce and immigration if needed. Good Luck.

I second this.

In any case just be prepared,

(Canada is a great place to live )

This site was helpful for me, you can ask questions and a Lawyer will answer you free.

its Avvo.com

Good luck,

Edited February 17, 2012 by GVMack

[himher 634]

It is difficult to get an order that allows a child to be removed from the STATE much less the country. Courts don't order passports. I didnt sign for a passport for my oldest daughter until I was good and ready and I was good and ready approximately (14) years after the divorce.

No lawyer, no court, no judge can make that happen LOL and orders like that go straight to "overturn" while cases like that can be wrangled out and stretched out for years. After all, the child has (2) parents in the eyes of the law and the law is very, very different from what it was in the 70's and 80's when children were awarded straight to their mothers.

You are right that it is dangerous for either parent to use child support and custody as bargaining chips. Especially if you are the parent who is at a disadvantge and wants to take the child to another place. Better work something else out.

If a court awards joint custody, getting a passport will be in the court order. That aside though, its dangerous for either parent to try to use child support and custody arrangement as bargaining chips.

[Gary and Alla 3,694]

We've been together for 10 yrs and married for almost 5 years.Plus we have a kid. I cant believe how spiteful he could be at times.He threatens to not allow me to get the Green Card.We sent the I 130 which I learned was a mistake to send as a stand alone.Anyhow,I could wait since I did it the long way..What bothers me is the constant threats.ahe also needs to gather his tax information and still hasnt.My Joint Sponsor will have my documents ready by next week and after that,I just need to do my Medical.My husband is causing alot of stress.Do I have any rights as his wife for half a decade and the mother of his child ?? i mean,just incase he does something ?

Do you have a right to force him to petition you for a green card? No.

You have a right to divorce someone that does this to you. Were it me, I would immediately file for divorce from anyone that threatened my home and welfare over minor disputes. Immediately. One simply cannot, CAN NOT, plan a future for a family with a person that would do that.

As a husband and father his number one prioity needs to be his wife and child/children. You have a right to expect that, and you have a right to not have that threatened. If he does this you need to eliminate that threat from your life and the lives of your children so at least you can offer some stability to them.

[bestofboston 36]

It takes two to argue. Stop arguing with him.

[Dakine10 5,452]

It is difficult to get an order that allows a child to be removed from the STATE much less the country. Courts don't order passports. I didnt sign for a passport for my oldest daughter until I was good and ready and I was good and ready approximately (14) years after the divorce.

No lawyer, no court, no judge can make that happen LOL and orders like that go straight to "overturn" while cases like that can be wrangled out and stretched out for years. After all, the child has (2) parents in the eyes of the law and the law is very, very different from what it was in the 70's and 80's when children were awarded straight to their mothers.

You are right that it is dangerous for either parent to use child support and custody as bargaining chips. Especially if you are the parent who is at a disadvantge and wants to take the child to another place. Better work something else out.

Can't speak to every situation or state, but it came up for my wife when she and her ex were divorced. The attorney said the judge can make it part of the court order to get a passport and if either of them ignore that they will be in contempt of court. My wife had considered moving out of country at the time of the divorce and was the primary custodial parent, but they never actually found out since they both remained in the US.

[Ontarkie 14,324]

Since you are married and in the US, you have more options then just going back to Canada. I have seen it on here before that threatening to withhold immigration benefits a form of abuse and can be used to get your GC. I'm sure someone with more knowledge will know how to go about this better then I. Also something you may want to make sure you do not leave the US you will get a 10 year ban. If your husband doesn't let you take your child with you it's possible you may not see him for a very long time.

[himher 634]

Attorneys say a lot of things. Many attorneys have screwed up cases that are on this very board.

I would be interested in even a single case, that absent a finding a parent is clearly unfit, the judge forced a parent to allow a child to be removed by the other parent from the jurisdiction of the court.

Civil contempt orders from state courts are not enforcable overseas. They are barely enforcable in the next state.

Can't speak to every situation or state, but it came up for my wife when she and her ex were divorced. The attorney said the judge can make it part of the court order to get a passport and if either of them ignore that they will be in contempt of court. My wife had considered moving out of country at the time of the divorce and was the primary custodial parent, but they never actually found out since they both remained in the US.

Edited February 19, 2012 by himher

[JimVaPhuong 4,863]

Since you are married and in the US, you have more options then just going back to Canada. I have seen it on here before that threatening to withhold immigration benefits a form of abuse and can be used to get your GC. I'm sure someone with more knowledge will know how to go about this better then I. Also something you may want to make sure you do not leave the US you will get a 10 year ban. If your husband doesn't let you take your child with you it's possible you may not see him for a very long time.

Yes, threats involving the immigration status of a spouse is considered a form of abuse under VAWA, but it's generally not sufficient on it's own to get an approved I-360. It's also usually very difficult to prove. I haven't seen the OP describe anything yet that would lead me to believe she's got a possible VAWA case.

[GandK 168]

This seems more like a family problem than an immigration problem.

[Dakine10 5,452]

I would be interested in even a single case, that absent a finding a parent is clearly unfit, the judge forced a parent to allow a child to be removed by the other parent from the jurisdiction of the court.

http://law.justia.com/cases/california/caapp4th/62/533.html