Newly married with foriegn born child marriage not working. Deported?

[DaddyMoneyKo 0]

We have a pinay friend who had a child in the Philippines with her U.S. boyfriend. She had a more than above average life there and did very well for herself on her own. He pushed her and pushed her to come here on a K1 visa and them unite the family as a whole. She was so reluctant because she was nervous he would just take the child from her once here. Finally after much persuation she agreed for him to file a k1 visa. It was quickly approved and she came here to the US. Everything seemed fine other than a few minor things. The 90 days was growing to a end and she decided to move forward with marriage and be a family. Within days after the marriage he completely changed : Screaming and yelling at her, raising his fist, helling at he rin public, mocking her , not buying her or the child the things they need nor giving her any access to money to get her personal needs. Went so far as to scream at her in public for wanting toothpaste ask why she needs that ? Is she going to eat it he said. He has completely isolated her now and he laves out of town for days and week at a time with her no way around or any funds for nothing. He is telling her if she goes back to Philippines he will file kidnapping on her for the child or if she goes anywhere in USA as well. He has his mother guarding her and her every move. She is now falling to pieces. Can he take the child from her if she returns to Philippines? Can she be deported from USA since she has only been married for one month here? He does not want her to work or do anything. He refuses to help her move forward with any other documents. Her greatest fear was he just wanted her here so him and his mother could take that baby girl. I think she was right. Please help.

[Mr&MrsA 9]

This is where the Commission on Filipino Overseas is important. before the departure you will attend a seminar to which would teach you what are your rights when it comes to marrying a foreign national. On this matter, The filipina can file an emotional abuse against the husband. I couldnt go further cause im not an atty. But atleast she should have an idea that she could sue her husband. Approach an Atty. She should know.

[Hypnos 6,578]

It sounds like her best move would be to return to the Philippines and take her son with her.

[DaddyMoneyKo 0]

Poor girl does not a one red cent now for a attorney nor does she have a way to get to one.

[DaddyMoneyKo 0]

It sounds like her best move would be to return to the Philippines and take her son with her.

Since they got the little girls US citizenship filed before she came here can she simply return to the Philippines? Can he file kidnapping on her? She is willing to stay in US so he can have visitaion but she does not know if she will get deported since she has only been married one month. what a mess

[Merrytooth 5,748]

I supposed her child is a USC? I don't think the mother could just take the child and leave US without the Father's consent.

http://travel.state.gov/abduction/prevention/prevention_560.html

Since they got the little girls US citizenship filed before she came here can she simply return to the Philippines? Can he file kidnapping on her? She is willing to stay in US so he can have visitaion but she does not know if she will get deported since she has only been married one month. what a mess

Either the her husband files AOS for her so that she could have a green card, or the other route is VAWA.

[newacct 688]

The most correct way would probably be to file for divorce, get custody of the child, and then return to the Philippines. Once she has custody, she can get a passport and bring the child by herself across borders without problem.

Edited August 6, 2013 by newacct

[newacct 688]

I supposed her child is a USC? I don't think the mother could just take the child and leave US without the Father's consent.

http://travel.state.gov/abduction/prevention/prevention_560.html

Well, what's to stop her? The child already has a passport. They could alert the airlines and airport police, but that'll only work if they figure it out before she manages to leave. She may or may not have trouble at the Philippine border if they question why only she is bringing the child. If she manages to bring the son back to the Philippines, they could pursue child kidnapping in the Philippine courts, but then, it would probably be much easier for her to make her case in the Philippines courts, which would probably be more sympathetic to her.

[Darnell 8,479]

Maybe you can call the sherrif's office and talk with the folk there - she's being held against her will - illegal imprisonment or some such.

re: her immigration status. She is QUALIFIED to file for an adjustment of status case, so if she ever is detained by ICE and brought before an immigration court - the judge will note this, and she MIGHT be told about that route and given some time to pursue it. The husband would have to be involved for a NORMAL AOS casefile, though - so bear that in mind. Will that @sshat actually do anything to assist her? From what you've written, I'm leaning towards no.

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Of course, VAWA is the other route, but she'd have to get out of the house - the sherrif's office has great resources about where to go and might actually assist her in getting her in a shelter quickly.

Edited August 7, 2013 by Darnell

[Sandra G. 5,057]

Probably the child has Us passport and she can't just get in the airplane and head back home, to leave the United States with a minor Us child the parent travelling with the child needs a consent letter from the other parent allowing her to travel abroad.I doubt he will sign any consent letter. She has to go to the Justice file for custody of her child and ask the Judge authorization to live abroad with the child, if he fights back her chances are not that good at all.

She should call the cops tell them that he is keeping her against her will and they will take her out of the house, she should ask them to take her to a shelter for victims of domestic violence. The cops will not disclose the location with her husband, and once there she will have access to a social worker, counselor, referral to see a lawyer and maybe filing Vawa.Tell her before living she MUST get copy of all documents,specially copy of his passport or Us birth certificate.After getting in the shelter she can go to the Court to get a restraining order against him.

[Peter_Pan 661]

If the child has a passport from the Philippines, it is pretty easy, all she need to do is come up with money for the plane tickets.

[DaddyMoneyKo 0]

I cant even reach her now and I am super worried.

[Em&Stephanie 3]

You should get in contact with an organization called Crime Victim Care. They work specifically with immigrants, primarily with victim care. They are based in Fort Wayne, IN, but they should be able to help direct you to more local assistance. When I worked there they had a case where a child had been kidnapped by the abusive father and taken out of the country (both parents were immigrants in that case), so they should be able to advise you concerning the laws. They're a non-profit organization, so it won't cost anything to talk to them. It couldn't hurt to try anyway.

(260) 484-1414

http://cvcin.org/

[Em&Stephanie 3]

Here's a little bio of the man in charge of the organization. He knows his stuff.

Saneta Maiko, Ph.D., is the founder and director of Crime Victim Care of Allen County (CVC), a 501 © 3 Inc., organization dedicated to bring wholeness to immigrants and refugee families who experience brokenness due to violence, crime, addictions, abuse and neglect. Dr. Maiko, originally from Kenya and a faculty member at Indiana University Purdue University Fort Wayne, is diversely trained by the National Victim Assistance Academy, the Center for Law and Research International, the National Center for Victims of Crime, The International Police Chaplaincy, the US Department of Justice, the Bureau of Justice Assistance, the Maryland Crime Victim Resource Center, the Medical Assistance Program International (MAP), and the Crime Victim Advocacy Council of Atlanta. He is a recipient of awards from the Fort Wayne Police Department’s Victims Assistance, the Center for Non-Violence, the Prosecutor’s office and the Indiana University Purdue University’s School of Education and Public Policy while serving in several local, state, national and international boards.

[HollyGolightly 72]

Maybe you can call the sherrif's office and talk with the folk there - she's being held against her will - illegal imprisonment or some such.

re: her immigration status. She is QUALIFIED to file for an adjustment of status case, so if she ever is detained by ICE and brought before an immigration court - the judge will note this, and she MIGHT be told about that route and given some time to pursue it. The husband would have to be involved for a NORMAL AOS casefile, though - so bear that in mind. Will that @sshat actually do anything to assist her? From what you've written, I'm leaning towards no.

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Of course, VAWA is the other route, but she'd have to get out of the house - the sherrif's office has great resources about where to go and might actually assist her in getting her in a shelter quickly.

I agree with Darnell. Assuming she opts to stay in the US with her child, she is qualified to file for AOS. However, this will require the participation of her husband. Another option is to take the VAWA route. The VAWA allows certain persons (spouses, children and parents) to file immigration petitions for themselves without involving their USC spouse, parent or descendant. The USCIS website provides for a hotline number to call in VAWA cases available here http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=b85c3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=b85c3e4d77d73210VgnVCM100000082ca60aRCRD

If this behavior persists she should really consider leaving her husband's home for her and her child's safety. Also, for each incident she should consider filing a police/incident report to document the abuse. These records will be helpful when she decides to take any action in court later on, or even file her own immigration petitions. She should also consider contacting any friends or relatives that could house her and her child in the meantime. Filipinos usually have a network of relatives and friends in the US that are willing to help in situations like this.