Condom broke we're pregnant with complications galore

[Mark88 184]

There is a father/child relationship.

However no financial responsibility

Usually the court will assess the child/father relationship very much into the case. That he didn't pay will help you, but the wellbeing of your child and his relationship to the father will count for the court, too.

I'm no Russian law expert, but in a lot of countries this counts alot.

[justxcookies 11]

I agree with everyone here. You haven't mentioned what the child wants. This child is 12 years old, and it looks like they have a father/child relationship. Does the kid know/like you? Is the kid willing to move to USA? Is the kid okay with no seeing their father anymore or seeing him very rarely? Kids don't really care about financial support being provided because it is a part of life they do not see yet. Kids care about having their parents present in their lives and right now it looks like the dad is present in the kids life. So maybe ask the kid what (s)he wants?

The second child is not much of my business, and less of an issue if it is actually yours. But in my opinion I wouldn't have a child while in an immigration/custody battle myself so abortion looks like what I would choose as a solution, but I don't know if you guys are set on keeping the baby or not.

[TBoneTX 46,206]

"Hijack" post removed. See CR-1 Process forum and thread with title "Sponsor Canceled - Can Use Retired Mother? [split]." Don't hijack other people's threads.

[lyublyu Iru 1]

How does the child feel? If she sees her father, like another poster said, there must be a relationship there. I'd hate for you to damage your relationship with the child because you didn't take his/her feelings into account

good luck

Excellent question, I should have indicated this in my original post.

The child wants to move to the USA and is very much in favor of

our marriage and is ecstatic about having a new brother or sister.

Regarding abuse, by American standards there is. If he gets drunk

he will slap his current wife around in front of the child. He will yell

and become very scary to the child. To me that's abusive, I don't

know that it is by Russian legal standards.

In Russia this would prove difficult to prove especially since it's

doubtful that the current wife would testify against her husband.

I don't like the idea of having the child testify against the father,

it could further alienate them and that isn't my goal.

[lyublyu Iru 1]

The second child is not much of my business, and less of an issue if it is actually yours. But in my opinion I wouldn't have a child while in an immigration/custody battle myself so abortion looks like what I would choose as a solution, but I don't know if you guys are set on keeping the baby or not.

The child is mine, the time which she became pregnant she was here in the USA with me. You

didn't know this but it's a bit silly for you to speculate on such things. Regarding abortion, neither

of us would consider it.

[Boiler 46,198]

What are the requirements for her to sponsor you?

[lyublyu Iru 1]

You moving seems the obvious solution.

To Russia? I speak maybe 500 words of Russian and know the alphabet.

I might be able to get a job teaching English for a $400-600 per month and

live at near poverty. While my English is fine I would have to bone up on

all the grammar rules as it's been quite some time since I've taken an

English course.

Moving would eliminate the possibility of ever coming back to the USA with

the new family. The USCIS specifically states that I must make 125% of the

US poverty income which there is no way that I could do this working in

Russia.

[Boiler 46,198]

A Russian job would not be relevant for US sponsorship unless it was to continue. You worked for a Russian Company and they had a US operation who would employ you.

Something has to give by the sound of it.

[lyublyu Iru 1]

What are the requirements for her to sponsor you?

They are cumbersome but not impossible. I know a few expatriates who live in Russia.

They have a different skill set than I do and their Russian is near fluent. It would be

unlikely that I could make as much money as they do especially at first.

[lyublyu Iru 1]

Usually the court will assess the child/father relationship very much into the case. That he didn't pay will help you, but the wellbeing of your child and his relationship to the father will count for the court, too.

I'm no Russian law expert, but in a lot of countries this counts alot.

As it should be. I believe this is the case in Russia as well. The lawyers we've

retained strongly believe that we will win in the end, however they are lawyers

and 90% of them give the rest a bad name.

[lyublyu Iru 1]

Everyone please feel free to post your comments, opinions or ideas.

Even those who want to question paternity, my sanity etc. This a forum

for ideas. I am not going to get offended because of what somebody says

on the internet.

I am here to get facts, ideas and opinions from people who have similar

experiences.

Thank you,

[Boiler 46,198]

Just noticed but you do not seem to have filed for anything?

K1 would be the quickest, but probably not something that would be completed before birth.

You could get that going on the basis that Russian Courts decide in your favour.

What will you do if they do not?

[DELETED999 10]

I think your best bet is to see an immigration lawyer and consider what your options are. Folks here have good intentions but we are not familiar with Russian custody law, and it sounds like you need to talk to someone who know that side well. However, it does sound like it will take time to get this sorted out.

Good luck and hang in there.

[lyublyu Iru 1]

A Russian job would not be relevant for US sponsorship unless it was to continue. You worked for a Russian Company and they had a US operation who would employ you.

Something has to give by the sound of it.

Yes something has to give.

Here is where we are currently. My fiancee' has a child support case against

the ex husband/father. It's extremely likely she will win and he will have to pay

child support and back child support. His international passport has been

confiscated by the court so that he can't travel internationally.

This guy values his money very much and has never parted with it in the past

to support his child. Our hope is once the court determines that he must pay

that he will be willing to negotiate. Nothing would make me happier than to send

the child to Russia during the summer and holidays to see family and to maintain

Russian language skills.

The USCIS looks at past income to determine US sponsorship. My past income

is more than sufficient to qualify. If I move to Russia and work for a couple of years

they would consider that as my income rather than what I made while I was in USA.

If I worked in Russia as an English teacher it would be highly unlikely that I would

make even close to 125% poverty.

Am I missing something? is there a way around the 125% poverty wage requirement?

I have no experience with USCIS and all I know is what I've read here.

Thank you

[lyublyu Iru 1]

I think your best bet is to see an immigration lawyer and consider what your options are. Folks here have good intentions but we are not familiar with Russian custody law, and it sounds like you need to talk to someone who know that side well. However, it does sound like it will take time to get this sorted out.

Good luck and hang in there.

We have retained a Russian law firm and this has been working it's

way through the court since January.

Thank you for your good wishes and I want to thank everyone else

who has taken the time to respond to my thread.