Restraining Order Travelling, Child Support

[aslam khan 5]

Hi All, 

 

Please advice. Thank you for your help.  

 

Background: 

 

I was here on spouse permanent green card and right before one month of applying N400, my wife and i had a argument and she called police for domestic violence. Police came and found nothing and advice us to stay calm and left (no arrest). Later my wife left with our two kids and took restraining order. (Which at that time i didnt know what this mean and exist  ). I was devastated as i loved her and we lived six years together. I tried to talk her lawyer to have us meet so i can discuss with her. but my wife never gave me chance. We appeared in the court and my wife crafted some story that i do domestic violence that i pulled her hair blah blah. I told my lawyer to get restraining order with no consent and judge order restraining order of one year with no purchase of firearm restriction. Court order that i can contact my wife only through text message or email when i have to go and pick my kids. I have no family and close friends here at that time and people back home even doesn't understand what this case is all about. Any way i stayed in that state for next three months. the people around me advice me not to contact my wife at all because if i go her home  and pick my kids, she may say that I violated restraining order and get me arrested. I scared and never contacted her.  I filed case in court for child visitation so atleast i can meet with my kids, but never heard back from court and later i have to move out of state. Now i am in different State. Never contacted them at all (I always wonder how my kids doing just saw couple of pics through facebook)

 

Current Situation:

 

I never violated any law, always taking care of my family. In our marriage i never let my wife do any job as she was helping with kids and i was happy about it.  

 

---Now i need to travel out of country as my mom is sick and i need to visit her. My restraining order will expire in 45 days. Can i reenter USA without any trouble as i foolishly took no consent restraining order. I should have fight in the court. (the case never go in criminal court, restraining order from civil court)

 

--- As i am in no contact with my wife.I never contact her through text message because she blocked me so i was not able to give her money for child raising. At the time of temporary restraining order i tried to pay her credit card bill and she cancelled the transaction. So in this time period she didn't take any money from me. What consequences this can be for me in future. 

 

---I never filed divorce and she also didnt file, because we both were in love very much so never find courage to go that route. Now thinking to go for divorce? 

 

 

--- how to meet with my kids and support them? 

 

Please advice what should i do? 

 

will appreciate your response. Thanks

 

 

 

 

 

 

 

 

 

 

Edited September 1, 2019 by aslam khan

[Boiler 45,525]

Odd that has has not used the Court system to get money, are you sure, sounds like as you moved documentation may not have reached you.

 

Where are you in the Naturalisation process, outstanding child support would mean no US passport.

[aslam khan 5]

Thanks Boiler,

The problem is I am in no contact with her. What should i do? How i pay child support? who determine child suport how much to pay? I have no idea what to do? Although i qualify for N400 as we still married but i didnt apply as we are living separately.

 

 

 

Edited September 1, 2019 by aslam khan

[Boiler 45,525]

You would need to find out wht she has done if anything, sort of surprised she has not done anything, who knows but would expect she would want financial support. What is your plan, sounds like you need a Divorce Lawyer anyway.

[Villanelle 4,122]

You may want to put on hold filing the n400 until you get everything sorted with your family. You need to contact the local child support office and ask them how to set up payments. Its different in every state but payments are usually tied to the visitation which is handled by the family court. Either the court clerk or the child support office can tell you how to start the process of getting visitation and payments going. You may also want to consider filing divorce where you live if you meet the requirements because that would also start the process of visitation and custody/child support.

 

@Going through will a DV RO be a cause for GMC 5 yr wait at n400? Im guessing yes but dont want to advise him wrong. 

[Going through 5,671]

2 hours ago, Villanelle said:

@Going through will a DV RO be a cause for GMC 5 yr wait at n400? Im guessing yes but dont want to advise him wrong.

It shouldn't----only because restraining orders are civil cases, not criminal.  If the OP broke the RO at any time, then it would lead to him having criminal charges and would affect the N400.  TPO would be criminal, not civil---however OP seems to have clarified the ex-wife has a restraining order against him, not a temporary protective order instead.

 

The GMC is going to be affected by him not paying any child support, however (even if no court order for child support, USCIS views financial support of children as obligatory unless extenuating circumstances can be proven by the applicant as to why no support has ever been paid).  That's the bigger hurdle to overcome, in my opinion.

Edited September 3, 2019 by Going through

[Villanelle 4,122]

@Going through Thanks! I suppose the OP should get all the documents together about it. https://forums.immigration.com/threads/naturalization-denied-due-to-order-of-protection.313378/

 

It doesn't seem like the OP is in the same situation as that person admitted to striking the wife.

[ihaveadream 19]

On 9/1/2019 at 10:48 AM, Boiler said:

Odd that has has not used the Court system to get money, are you sure, sounds like as you moved documentation may not have reached you.

 

Where are you in the Naturalisation process, outstanding child support would mean no US passport.

 

Often women from my culture - Subcontinent will not take any financial support from an abusive ex.  

 

OP must understand that she did likely feel and was abused - definitions of whats normal from home country  are often sadly chauvinistic.

 

To those who don't understand - note how she didn't let him pay her credit card bill even.  Respect counts the most to us...  I feel sorry that she gave him no chance at all as per this...but perhaps she feels differently.  Just get a divorce lawyer.