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Filed: Lift. Cond. (pnd) Country: China
Timeline
Posted

You keep arguing this point and you are 100% incorrect. An attorney can appear in court for a client, it is done every day, in every state-all over the country.

I'm not arguing whether an attorney can be the physical representation of a client, I'm questioning the enforcement methods of a ruling to better understand how it operates when the recipient of the support lives in an unenforceable country.

I acknowledge that my knowledge of international child support is the limitation of Google, so I want to understand more.

Click Below to View my timeline (spoiler added to reduce visible space consumption)

 

Timeline to date:

11/11/14 - Met online through eHarmony
11/12/14 - Started communication through email (1-2 emails daily)
12/20/14 - Communicating through Phone Calls and Video Calls
07/04/15 - First Trip to China to visit her (spent time at her home, her hometown, and Beijing), Met the whole family.
07/18/15 - Sadly I had to return back to the US
10/01/15 - I am returning back to China to be with her again
10/11/15 - She will accompany me back on the same flight for 30 days
11/14/15 - She returns back to China
12/01/15 - I-129F Fed-Ex'd to the Lewisville address
12/03/15 - Packet signed for by the receiver
12/07/15 - NOA1 Generated
12/11/15 - NOA1 Received
01/14/15 - NOA2 Generated (Approved)
01/28/16 - NVC Received (Still waiting papers for official date)
01/29/16 - NVC Case# Assigned (Still waiting papers for official date)
02/03/16 - Case Sent to Embassy
02/04/16 - Case Received by Embassy
03/03/16 - Packet 3 Received
03/03/16 - Packet 3 Sent back to Embassy
03/04/16 - DS-160 Fee paid
03/09/16 - Packet 4 Received (Documents were prepared in advance)
04/02/16 - I return to China to provide moral and emotional support as she goes to her Interview on the 5th
04/05/16 - Interview Date (APPROVED!!!)

04/25/16 - POE Dallas Texas (DFW) smooth sailing through customs

04/25/16 - Arrived in Nashville, TN 10pm
04/29/16 - Marriage Certificate received
SSN filed somewhere after this point (exact date is not remembered, received after a 30 minute wait)
11/16/16 - AoS packet mailed (i-485, i-765, i-131)
11/18/16 - AoS packet received
12/06/16 - Check Cashed
02/28/17 - EAD and AP Approved
03/02/17 - NOA2 for EAD and AP Arrived
03/02/17 - EAD/AP Card Arrived
Filed: Country: Vietnam (no flag)
Timeline
Posted

I'm not arguing whether an attorney can be the physical representation of a client, I'm questioning the enforcement methods of a ruling to better understand how it operates when the recipient of the support lives in an unenforceable country.

I acknowledge that my knowledge of international child support is the limitation of Google, so I want to understand more.

A child support order is not enforced against a petitioner. It's enforced against the respondent. The respondent as a residence of a particular state is subject to the jurisdiction of that state. That's how it's enforced. It has all to do with the state of residence of the person who it is being enforced against. It has nothing to do with where the petitioner lives since filing the case subjects the petitioner to that state's jurisdiction.

You seem to think that a court would have no jurisdiction over an out-of-state petitioner. That's not true when the petitioner willingly submits to the court's jurisdiction by filing in that court.

You are mixing up enforcement against the respondent who is living in the US vs. living in one of the treaty country that you listed. Where the respondent/payro is located determines which court to go to.

Go read up on personal jurisdiction. It's the first thing that is taught in any Civil Procedure class.

Filed: Timeline
Posted

I'm not arguing whether an attorney can be the physical representation of a client, I'm questioning the enforcement methods of a ruling to better understand how it operates when the recipient of the support lives in an unenforceable country.

I acknowledge that my knowledge of international child support is the limitation of Google, so I want to understand more.

I think you have it a bit jumbled. It can be either the custodial parent in the US or the custodial parent outside of the US. So the reciepnt of the support would be considered to live outside the US. It does not matter what type of country they live in (enforceable or not) as they are not the ones being 'enforced' to do anything. Does that make sense?

You can read this FAQ page for more info. Look at the custodial parent outside of US section. The only impact can be if you are in a reciprocating country to use the Central Auth. If not you go directly to the state. http://www.acf.hhs.gov/programs/css/resource/frequently-asked-questions-about-international-cases#Question 3

Posted (edited)

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?

1. Your kids can acquire U.S. citizenship through their U.S. citizen father.

2. If your kids acquire U.S. citizenship through their U.S. citizen father, one of them can sponsor you as soon as they turn 21.

3. I don't know, that's an issue for family court, not an immigration matter.

4. The only way for you to enter the U.S. is either (a) to visit on a tourist visa, or (b) by having him file an I-130 petition for you to immigrate to the U.S. as his wife on a CR-1 visa. Having U.S. citizen children does not grant you any immigration benefit until they can sponsor you. They have to be 21 years or older to sponsor you.

Unless you hold a master's degree in physics, win the green card lottery or have half a million dollars stashed away in your savings account, the only way you'll be moving to the U.S. at this point is through your husband, or through your kids in 2037.

Edited by JayJayH
Posted

1. Your kids can acquire U.S. citizenship through their U.S. citizen father.

2. If your kids acquire U.S. citizenship through their U.S. citizen father, one of them can sponsor you as soon as they turn 21.

3. I don't know, that's an issue for family court, not an immigration matter.

4. The only way for you to enter the U.S. is either (a) to visit on a tourist visa, or (b) by having him file an I-130 petition for you to immigrate to the U.S. as his wife on a CR-1 visa. Having U.S. citizen children does not grant you any immigration benefit until they can sponsor you. They have to be 21 years or older to sponsor you.

Unless you hold a master's degree in physics, win the green card lottery or have half a million dollars stashed away in your savings account, the only way you'll be moving to the U.S. at this point is through your husband, or through your kids in 2037.

Unless the father met certain residency requirements, the twins will not be US citizens.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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