seeking custody

[mammalooking43 0]

on the 5th of April i was granted a K1 visa to visit the U.S.A to married my fiance within 90 days, but after receiving the visa my fiance attitude became strange and she even advice me to wait until the last week of the visa expired date, before coming i told her that i have sold almost everything and i have giving-up my job so it will be difficult for me to wait as my ticket has been paid for already and a date has been set for departure so as a result i left on April 5.

I arrived on the 8th of April and she was waiting for me at Seattle airport and i was warmly welcome, and she was actively planning for our wedding but she was not consistence in her planning there was so much confusion, she told me she want to get married and after three days she says she don't think she is ready to go a head with the wedding, as we need to spend more time to get to know each other,i could see that she was not serious as a result i had to leave the UNITED STATE few weeks later as my I-94 was only valid for 90 days,and i left before the visa expire she is on social security benefit from government because of substance abuse so her brain does not function properly that is what she told me and she was surfing from depression i was under serious emotional abuse she is a problematic person she smile next minuets she has issues.

HOW DID WE MET

in 2005 i met her on internet and we started dating and she came to visit me in sierra Leone and we got married and became pregnant, but two years later she divorce without my consent and all this years she has been asking for child support, i told her i am from Africa life is not as easy as it is in the USA i mean in terms of jobs and now in 2011 she file for k1 and our petition was proved.

and after leaving USA i told her i want to seek custody of our 6 years old daughter as a result she has been sending fabricated messages to the south African consulate in south Africa that i attempted to bribe her to get a green card and i am a dangerous person in terms of national security, i shouldn't be granted visa to visit united state all this lies is to keep me away from our daughter.

Visa journey has been my guidance through out this visa process, any advice and suggestions will be highly appreciated my problem is as she is painting me negatively to I.C.E and the consulate general that i shouldn't be granted visa

so my visa journey brothers help me with an advice that will pave the way forward for me to at least be visiting my innocent daughter, as she is still a child she cant take decision on her own and she miss me as well.

[Adriene H 89]

If your budget allows it, please find an experienced attorney.

Your case sounds very complicated. Best of luck though!

[Penguin_ie 5,993]

*** Moving from K3 spousal visa to Effects of Major Changes ****

Regardless of any immigration issues for you, it will be very difficult for you to gain custody=- the US courts will be reluctant not only to take the child away from its US Citizen mom, but also uproot a 6 year old and send her half way around the world.

Assuming she has no proof of what she accuses you off, the consulate/ ICE will see her accusations as what they are- the result of a bitter break up. You did the right thing in leaving before the 90 days were up, it will make it easier for you to get a tourist visa, once you re-establish ties back home.

[mammalooking43 0]

i know it will be difficult for the court to grant me the permission to take the child away, but with an experience Attorney will i be given a permission to visit me chile at least twice a year?

[mammalooking43 0]

and i was surprise to get a call from the USA embassy asking me if i indeed bribe her for visa i responded no

[Xanax 349]

and i was surprise to get a call from the USA embassy asking me if i indeed bribe her for visa i responded no

Can you get an attorney? Maybe pro-bono? You need help here and I think it may be beyond the scope of DIY Visa Journey

[Iyawo Ijebu 157]

Here's my take.

You can't help anyone unless you can help yourself. You need to work on getting yourself together first and then prepare yourself to be in a position to be ready for your Daughter once she turns 18.

I've seen this happen many times.

It's hard enough to fight for custody when you're a Father in the USA, doing so from across the world is inmensley difficult.

Two issues:

Child Support: A bigger one. Not sure how you can even do this from Kenya but you want to be very aware of any CS award that you're responsible for. Not sure what they'll base your income on sicne you never worked in the US. You do not want to have any arrears if you can avoid it.

Child Visitation: This is going to sound harsh but it comes from a well meaning place. Don't involve your "innocent" child in the acrimonious relationship that you have with your Ex. Even if that means staying away until your child reaches adulthood. In the best case scenario she'll be placed on a plane to come and visit you during summer, etc but that's not going to happen in your case though it happens a lot to Nigerians where Kids go to Nigeria to see thier Parent for summer. But you have a hostile relationship.

My Brother, nothing is going to happen to your child, she's with her Mother who gave her life, don't buy into the emotional bait. There's child protection agencies, school officials, etc who are in place to help ensure that kids are well taken care of - sure, some fall through he cracks but that is few and far in between.

Deal with the embassy based on facts and don't hide, they may actually be your ally on this in the future. If any official asks you for information, respond. For example that phone call should be followed up with an official letter from you stating all the facts of your case for the record (that you left on your own accord without earning any overstay I think is a good move on your part), IMHO - VJ may disagree based on historical data.

The allegation of being a dangerous person is a read from the Child Custody/Child Support playbook so nothing new there.

You can email me if you need. Be careful on what you post publicly though since there's a young person involved.

PS: One of my best friend is in a similar situation. Last time he saw his Daughter was when she was 6 years old when he went back to Lagos. Guess who is living with Dad now and running Dads business In Nigeria and just got married a few years ago in Lagos? Sometimes you just have to let things play out and always rememeber that you're an African.

Edited May 14, 2012 by Iyawo Ijebu

[Carito_ 5]

on the 5th of April i was granted a K1 visa to visit the U.S.A to married my fiance within 90 days, but after receiving the visa my fiance attitude became strange and she even advice me to wait until the last week of the visa expired date, before coming i told her that i have sold almost everything and i have giving-up my job so it will be difficult for me to wait as my ticket has been paid for already and a date has been set for departure so as a result i left on April 5.

I arrived on the 8th of April and she was waiting for me at Seattle airport and i was warmly welcome, and she was actively planning for our wedding but she was not consistence in her planning there was so much confusion, she told me she want to get married and after three days she says she don't think she is ready to go a head with the wedding, as we need to spend more time to get to know each other,i could see that she was not serious as a result i had to leave the UNITED STATE few weeks later as my I-94 was only valid for 90 days,and i left before the visa expire she is on social security benefit from government because of substance abuse so her brain does not function properly that is what she told me and she was surfing from depression i was under serious emotional abuse she is a problematic person she smile next minuets she has issues.

HOW DID WE MET

in 2005 i met her on internet and we started dating and she came to visit me in sierra Leone and we got married and became pregnant, but two years later she divorce without my consent and all this years she has been asking for child support, i told her i am from Africa life is not as easy as it is in the USA i mean in terms of jobs and now in 2011 she file for k1 and our petition was proved.

and after leaving USA i told her i want to seek custody of our 6 years old daughter as a result she has been sending fabricated messages to the south African consulate in south Africa that i attempted to bribe her to get a green card and i am a dangerous person in terms of national security, i shouldn't be granted visa to visit united state all this lies is to keep me away from our daughter.

Visa journey has been my guidance through out this visa process, any advice and suggestions will be highly appreciated my problem is as she is painting me negatively to I.C.E and the consulate general that i shouldn't be granted visa

so my visa journey brothers help me with an advice that will pave the way forward for me to at least be visiting my innocent daughter, as she is still a child she cant take decision on her own and she miss me as well.

Hmmm... I don't understand, you got married in 2005 but you filed for a K1 on 2011? I don't know if this might have any implications if you seek anything from the US (i.e., custody of child, visitation rights), but it seems to me that filing for a fiance visa when you are already married is fraud... I will let other more experienced members expand on it, but it just occurred to me.

Good luck, nonetheless and I do agree that finding a lawyer is your best bet.

Don't give up!

[JimVaPhuong 4,863]

i know it will be difficult for the court to grant me the permission to take the child away, but with an experience Attorney will i be given a permission to visit me chile at least twice a year?

The family courts would certainly grant you visitation rights, but they can't force the Department of State to give you a visa. You'll need to qualify for the visa on your own.

[Iyawo Ijebu 157]

The family courts would certainly grant you visitation rights, but they can't force the Department of State to give you a visa. You'll need to qualify for the visa on your own.

An uphill endeavour if she did this as alleged by the OP "she has been sending fabricated messages to the south African consulate in south Africa that i attempted to bribe her to get a green card and i am a dangerous person in terms of national security, i shouldn't be granted visa to visit united state"

[Kazulie 132]

Hmmm... I don't understand, you got married in 2005 but you filed for a K1 on 2011? I don't know if this might have any implications if you seek anything from the US (i.e., custody of child, visitation rights), but it seems to me that filing for a fiance visa when you are already married is fraud... I will let other more experienced members expand on it, but it just occurred to me.

Good luck, nonetheless and I do agree that finding a lawyer is your best bet.

Don't give up!

Right after one of your bold sentences in his post it states that 2 years after their 2005 marriage, she divorced him without telling him. In 2011 they went the K-1 route to try it again.