How can I re-entry to the US when I left the country because of my twin pregnancy after k1 expired?

[irin1986 0]

Hello

This is irin1986. I married US citizen last year and received K1 visa. I went to US with 90 days’ visa. We married after 2 months and at the same time I got pregnant with twin. Just to let you know this is my and husband’s 2^nd marriage. I did not have any kids but my husband has 2 boys (teen and 10). As soon as we got married, my husband submitted AOS for me spending $1070.00. I was the house wife only (no working and no driving even though I promised to my husband before I got married that I will work in US and contribute to the family). My husband pays child support and recently bought/built house for us. So financially it is really difficulty for him. My name is on the deed only as per state rule even though he paid all the down payment. After around 2.5 months we were having some issue as he complains I am not taking care of his boys, not cleaning the house etc. both of us decided to stop AOS process and sent a letter to the immigration with both of us signature on it. Immigration send us letter twice for fingerprint but we did not show up. I am sure AOS now abandoned as it has been already 4 months. Because of my twin pregnancy, I was having some complicacy (doctor said it is normal) and did not feel like to do nothing at home and always being home sick for my parents. On July 15^th (31 week of pregnancy) my husband decided to send me back on my country so that my parents can take care of me. Right after that both of s left USA and my husband went to US after 3 days. Now he is telling me I should be staying in my home country another 4-5 years until baby reach till 5. But I really like to come to USA around after 6 months. He is providing medical treatment and also promised me he will provide money for my twin including me an average standard on monthly basis (I am sure he will do). I doubt he will ever submit paperwork for me and my children in the future as fought/argue few times which leads to bitter relationship. He is around 50 and I am 31.

Here is my question –

1. Do you think my kids will be US citizen if they born outside of US (In Asia)?
2. How can I get back to USA without his help?
3. Since he is making really good money, I would like to divorce him and got child support. Friend of mine told me I will get 25% of his salary which is lot for us after conversion. Do you think this will work since I am in Asia and he is in USA? My husband is not citizen by born. He is from asia as well but currently US citizen.
4. I have a feeling he will divorce me as he is not talking the way he used to talk with me. So how can I get into US right after my babies are born?

Please help me on this.

Irin1986

[Adil & Jeanne 296]

You married in the USC so the children have dual citzenship

you should have never agreed to leave the US as the only way for you to return is a new CR 1 applicaiton from him

If he sends any divorce papers, do not sign unless he agrees to support the twins / 25% not likely

it will be hard to collect anything unless he agrees and it is signed legally and family court in US collects it and sends to u. I would ask for this to happen in any papers you sign. and still it will be hard to enforce unless there is someone in the US you can give POA (power of attorney) to act on your behalf. Be prepared for him to ask for DNA tests on the babies

[Boiler 45,585]

1.Depends what is his history. Probably not.

2. Work or Investment, Lottery may be a long option.

3. You need a Lawyer, presume you can divorce locally, what the courts would do will no doubt be tricky and enforcement harder.

4. If you wish to visit you need a visitors visa.

[Penguin_ie 5,994]

***** Moving from K1 Progress Report to Effects of Major Changes as the most suitable forum ****

[Unlockable 7,314]

Your kids are OK regarding US citizenship.

Without his help you stuck in your country for the immediate future.

Where did your friend get 25% for child support from? Immigrant folklore.

Seek a good divorce attorney just in case. A divorce is likely to happen before any progress of immigration. So focus on preparing for that first.

[aaron2020 11,651]

Hello

This is irin1986. I married US citizen last year and received K1 visa. I went to US with 90 days’ visa. We married after 2 months and at the same time I got pregnant with twin. Just to let you know this is my and husband’s 2^nd marriage. I did not have any kids but my husband has 2 boys (teen and 10). As soon as we got married, my husband submitted AOS for me spending $1070.00. I was the house wife only (no working and no driving even though I promised to my husband before I got married that I will work in US and contribute to the family). My husband pays child support and recently bought/built house for us. So financially it is really difficulty for him. My name is on the deed only as per state rule even though he paid all the down payment. After around 2.5 months we were having some issue as he complains I am not taking care of his boys, not cleaning the house etc. both of us decided to stop AOS process and sent a letter to the immigration with both of us signature on it. Immigration send us letter twice for fingerprint but we did not show up. I am sure AOS now abandoned as it has been already 4 months. Because of my twin pregnancy, I was having some complicacy (doctor said it is normal) and did not feel like to do nothing at home and always being home sick for my parents. On July 15^th (31 week of pregnancy) my husband decided to send me back on my country so that my parents can take care of me. Right after that both of s left USA and my husband went to US after 3 days. Now he is telling me I should be staying in my home country another 4-5 years until baby reach till 5. But I really like to come to USA around after 6 months. He is providing medical treatment and also promised me he will provide money for my twin including me an average standard on monthly basis (I am sure he will do). I doubt he will ever submit paperwork for me and my children in the future as fought/argue few times which leads to bitter relationship. He is around 50 and I am 31.

Here is my question –

1. Do you think my kids will be US citizen if they born outside of US (In Asia)? Yes if your USC husband has lived in the US for at least 5 years.
2. How can I get back to USA without his help? With immigrant intent, you have no chance of getting back to the US without him.
3. Since he is making really good money, I would like to divorce him and got child support. Friend of mine told me I will get 25% of his salary which is lot for us after conversion. Do you think this will work since I am in Asia and he is in USA? This will depend on state law. My husband is not citizen by born. He is from asia as well but currently US citizen. Not relevant that he's a naturalized citizen.
4. I have a feeling he will divorce me as he is not talking the way he used to talk with me. So how can I get into US right after my babies are born? Sorry, but there is no way for you to come back after your babies are born. Having US citizen babies does not give you any rights to live in the US. You have to get a visa if you want to come back. With immigrant intent, you will need an immigration visa.

Please help me on this.

Irin1986

There is no path for you to immigrate to the US without your husband's help.

You can sue for child support. You will need to hire a US attorney.

Best of luck.

[IcezMan_IcezLady 582]

If a man is willing to take care of his children, why put him on child support?

[aaron2020 11,651]

If a man is willing to take care of his children, why put him on child support?

Because, it's stupid to rely on his generosity for 18 years. A promise is not enforceable. A court order is enforceable.

[Chris and ZhiJia 146]

Because, it's stupid to rely on his generosity for 18 years. A promise is not enforceable. A court order is enforceable.

They have no avenue for court ordered child support. India is not one of the countries that US has agreements with to uphold child support agreements.

http://www.acf.hhs.gov/programs/css/partners/international

Because she and the children will be in India, even if he agrees to the support payments of which ever amount is agreed upon. There is no legal enforcement from the US to make sure he pays her the money in India. She will have to rely on his word.

[aaron2020 11,651]

They have no avenue for court ordered child support. India is not one of the countries that US has agreements with to uphold child support agreements.

http://www.acf.hhs.gov/programs/css/partners/international

Because she and the children will be in India, even if he agrees to the support payments of which ever amount is agreed upon. There is no legal enforcement from the US to make sure he pays her the money in India. She will have to rely on his word.

OP is from Bangladesh.

While there is no enforcement treaty, OP can always go to state court where the respondent resides. A local court will always have personal jurisdiction to enforce a child support order.

You are misunderstanding the child support treaty. It's about enforcement of a domestic US support order in a foreign country if the payor parent leaves the local state jurisdiction for another country. For example; Dad has a California child support order, and he moves to the UK. Dad is no longer subject to CA jurisdiction since he moved out of state. The UK court would have to enforce the child support order because of the treaty.

Edited July 21, 2016 by aaron2020

[Chris and ZhiJia 146]

OP is from Bangladesh.

While there is no enforcement treaty, OP can always go to state court where the respondent resides.

I apologize for getting the country incorrect (too late to edit now), but the other wording is still valid.

http://www.acf.hhs.gov/programs/css/resource/frequently-asked-questions-about-international-cases#Question 2

If the support recipient resides in a non-reciprocity country and the state (texas) does not have individual reciprocity outside of the federal level (Texas has formal reciprocity with Germany and the Mexican states of Coahuila, Nuevo Leon and Tamaulipas.). The courts won't likely grant the support request, and if they do (texas still allows non-reciprocity country residents to apply for support) it's not enforceable.

Edited July 21, 2016 by Chris and ZhiJia

[aaron2020 11,651]

I apologize for getting the country incorrect (too late to edit now), but the other wording is still valid.

http://www.acf.hhs.gov/programs/css/resource/frequently-asked-questions-about-international-cases#Question 2

If the support recipient resides in a non-reciprocity country and the state (texas) does not have individual reciprocity outside of the federal level (Texas has formal reciprocity with Germany and the Mexican states of Coahuila, Nuevo Leon and Tamaulipas.). The courts won't likely grant the support request, and if they do (texas still allows non-reciprocity country residents to apply for support) it's not enforceable.

You're wrong. His state court will have personal jurisdiction, so it's a non-issue as long as she is willing to go to court in his home state. She just can't have it be enforced in Bangladesh.

From your link: http://www.acf.hhs.gov/programs/css/resource/frequently-asked-questions-about-international-cases#Question 12 Mom can go sue for child support in the US state where the person who owes support lives. That's based on personal jurisdiction.

How can I get support if I do not live in a foreign reciprocating country (See FAQ 3)?

First, check to see if your country of residence has state-level reciprocity with the U.S. state where the person owing support lives. To find this out, contact the child support agency in your country. Or, you can check on the OCSE online Intergovernmental Reference Guide. From the map, click on the state where the other parent resides. Under the “policy” tab, select “reciprocity” to see the list of countries with state-level reciprocity. If your country does not have federal or state-level reciprocity, you can apply directly for services with the child support agency in the U.S. state where the person who owes support lives. If your country has state-level reciprocity with the U.S. state, contact the child support agency in your country for assistance.

For information on how to apply for services in a U.S. state and what services you can expect to receive, see FAQ 7 and FAQ 8. As noted in FAQs 1 and 2, you do not need to be a U.S. citizen or resident to apply directly to a U.S. state for child support services.

Edited July 21, 2016 by aaron2020

[Chris and ZhiJia 146]

You're wrong. His state court will have personal jurisdiction, so it's a non-issue as long as she is willing to go to court in his home state. She just can't have it be enforced in Bangladesh.

Correct, if she is able to return to the US she can have court ordered support. However I was responding based on the current situation where her AOS was abandoned, she is back in Bangladesh, and has no current avenue to enter the US. To which the likely hood of her receiving the support is slim

[aaron2020 11,651]

Correct, if she is able to return to the US she can have court ordered support. However I was responding based on the current situation where her AOS was abandoned, she is back in Bangladesh, and has no current avenue to enter the US. To which the likely hood of her receiving the support is slim

She does not need to return to the US. She can sue from Bangladesh. She don't have to be in the US to access the courts here.

You don't seem to grasp the concept of courts having personal jurisdiction. Petitioners do not have to physically in the US to sue in the payor's home state.

Edited July 21, 2016 by aaron2020

[WandY 430]

I think aaron2020 is correct. I hated Civ-Pro in law school (and barely passed it!), but I'm pretty certain that anyone can sue in state courts and get relief. She doesn't need to be in the U.S., but she should hire an attorney to handle the local marriage dissolution/custody. The attorney can have the courts collect and disburse the monthly support payments per local rules. I've seen crazier cases. The $$$ amount of support is based on state statutes and formulas - nothing else. There is no "25%" rule, etc. It's a formula.

If she has a hard time getting a visa, get a subpoena to testify, etc. That, of course, takes a good attorney willing to put forth the effort (I know, I know - a civil subpoena is weak, but could sway a CO).

If he doesn't pay, it's easy to make his life miserable. In my state, he goes to jail for criminal non-support (basically a contempt order). The children need to be recognized as U.S. citizens.