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Jmariega

Husband left our baby and I 6 months after entering the country and receiving green card

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After 6 months of living here, my husband decided to unexpectedly leave. We would get into arguments because for some reason once he got here and I helped get him a job, bank account, etc, he became cold, distant, and uninterested in doing anything with me. Apparently he was able to buy a car without a license and he’s living in it. He has also been trying to make things difficult for me like spreading lies, going to the police to say I didn’t let him see his son which isn’t true because he has never asked. It’s been over two weeks and he hasn’t seen him and I had to beg him to send money for our son. He’s 20 months. He’s made my life hell when he’s the one who decided to leave us. 

That being said it looks like a divorce is what I’ll have to do. Do I file for divorce here in the US or in the Dominican Republic, which is where we were married? Would I be able to ask for child support and sole physical and legal custody? He was only in our child’s life for 6 months, and aside from that ive been taking care of him by myself for the other 14 months. Also, how would this affect his residency here in the US?

 

Thanks in advance 

Edited by Jmariega
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Filed: Citizen (apr) Country: Taiwan
Timeline

1.  I would find a competent divorce attorney where you are and sue him for custody and child support.

2.  His residency is his problem.  Let it go.  Unfortunately, divorce does not change the sponsor's I-864 responsibilities...

 

 

 

More "Tales of the Green Card" material.

Edited by missileman

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In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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24 minutes ago, Jmariega said:

Do I file for divorce here in the US

Yes,  file where you live.

24 minutes ago, Jmariega said:

Would I be able to ask for child support and sole physical and legal custody? He was only in our child’s life for 6 months, and aside from that ive been taking care of him by myself for the other 14 months.

If he is the father he will be expected to support the child.

24 minutes ago, Jmariega said:

Also, how would this affect his residency here in the US?

He is now a conditional resident.  He can get ROC with a divorce waiver as long as he can show that he entered the marriage in good faith.   Your I-864 obligation will survive a divorce and you can be liable if he seeks any public assistance.

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

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Filed: K-1 Visa Country: Wales
Timeline

Sounds like he has a 10  year GC?  Assuming that is the case then there is nothing much more to be done, your responsibilities as his sponsor continue.

 

Otherwise yes a Divorce Lawyer, who can advise you what is practical.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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OP, I'm sorry that you have to endure this frustration with your spouse. Like others have suggested, get a divorce and get your kid's dad on the hook for child support.

IR-1/CR-1
Spoiler

GOT MARRIED: 3-APR-2015 :wub:

HUSBAND FILED I-130: 29-MAY-2015

VISAS APPROVED: 15-JUN-2016

VISAS IN HAND; GREEN CARD FEES PAID: 21-JUN-2016

PORT OF ENTRY - FT. LAUDERDALE INTL AIRPORT: 06-AUG-2016
CONDITIONAL GREEN CARDS RECEIVED: 23-SEP-2016
 
I-751 FILER   
Spoiler
FILED REMOVAL OF CONDITIONS: 25-JUN-2018
FILE SENT TO NEBRASKA SERVICE CENTER 11-MAY-2019
10-YR GREEN CARDS APPROVED 17-JUN-2019 
10-YR GREEN CARDS RECEIVED 21-JUN-2019 :dance: 

N-400 FILER
Spoiler
FILED CITIZENSHIP ONLINE; RECEIVED NOA1: 8-DEC-2019
BIOMETRICS WALK-IN: 18-DEC-2019
INTERVIEW SCHEDULED: 26-OCT-2020
APPROVED/SAME DAY OATH CEREMONY: 26-OCT-2020
 
US PASSPORT
APPLICATION APPOINTMENT AT USPS (ROUTINE): 16-SEP-2021
PASSPORT APPROVED: 30-SEP-2021
PASSPORT RECEIVED: 5-OCT-2021
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Thank you for the responses. I have put in a petition for child support about a week ago. Seems like may take awhile. Im also working on the custody paperwork. A couple questions: if he does not file his taxes or files incorrectly would I be responsible? We are married filing separately. What if he goes back to DR. What would that mean for taxes, custody and child support? 

Edited by Jmariega
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Filed: K-1 Visa Country: Wales
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Well if he goes back you would need to go through their courts for child support.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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