Aos k1

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16 hours ago, JFH said:

The most important thing is that you and the baby are somewhere safe from this violent man.  I’m not sure where you are staying now? With him or with his family? 
 

Leaving the country is not so simple because the child is a USC and the law heavily protects the interests of the USC parent (obviously) in these circumstances. Don’t leave the country with the baby without permission or you could find yourself with an international kidnapping charge. 
 

You really need to look at divorcing this man and focusing on your happiness and your child’s happiness. 

She can leave the country with the baby as long as she is still married to him.  They won’t consider it kidnapping.  They don’t care until there is a divorce.  Then simply divorce him from you home country where the law may be more favorable to you.

[onek 306]

7 minutes ago, mbright said:

She can leave the country with the baby as long as she is still married to him.  They won’t consider it kidnapping.  They don’t care until there is a divorce.  Then simply divorce him from you home country where the law may be more favorable to you.

You can’t get a passport unless both parents are present during the application submission process.

[Lucky2Lucky 2,526]

29 minutes ago, onek said:

You can’t get a passport unless both parents are present during the application submission process.

Edited : you are correct. Didn’t know both had to be present for children under 16. That is a tough situation. Adding a child to this situation made it more complicated by 200%

1 hour ago, Georgia16 said:

Just have to be married within 90 days not AOS.

 

OP - What does his mother say to all of this and the way he behaves? I would look into AOS by yourself. 

Really? What is her status in the US then currently? Because she can only adjust status through him.

Edited July 25, 2020 by Luckycuds

[Georgia16 2,858]

12 minutes ago, Luckycuds said:

Really? What is her status in the US then currently? Because she can only adjust status through him.

She doesn’t have one and she is technically deportable. That’s why it’s always recommend to file AOS as soon as possible but it is not required to do so with in the 90 days. They just have to marry within the 90 days to AOS like normal K-1 filers. 

Edited July 25, 2020 by Georgia16

[carmel34 3,633]

Best advice is to find a good attorney who knows both divorce and immigration laws.  Explain your situation and that you can't pay.  An experienced lawyer will be able to force your husband to pay your legal fees and also to support you and the baby financially both short and long term.  You can file adjustment of status on your own if you have evidence that qualifies under the VAWA.  So sorry you are going through this, hopefully the future will be better for you and your baby.  Good luck!

[aaron2020 11,651]

3 hours ago, mbright said:

She can leave the country with the baby as long as she is still married to him.  They won’t consider it kidnapping.  They don’t care until there is a divorce.  Then simply divorce him from you home country where the law may be more favorable to you.

Absolutely wrong.  

 

Depriving a parent of custody of a child is a crime.  Being married does not give her any right to deprive him of custody of his child.  Please Google international parental kidnapping.  

[Chidang 8]

9 hours ago, Luckycuds said:

You need to decide if you want this person in you and your child’s life. He sounds more than an alcoholic but an abuser as well. I understand you want him to get help but now that you have a child your child and your safety (as the only caregiver for the child) is the only thing that matters. Sign your child up for Medicaid- you can do that online and don’t need his consent. Since the child is a US citizen there is no issue. It sounds that your marriage broke down FAST as he needed to apply for AOS within 90 days of your arrival. As far as immigration if he chooses to not submit the paperwork you have no legal status to stay. Think about filing for divorce and move on with your life. He not only hurt you but potentially the child child while in your womb! A judge that grants him custody needs his head straightened out. You have ample evidence that he hasn’t cared for the child AND refusing to sign the child up for health insurance I am wondering if this would be considered medical neglect. 
You can’t help someone who doesn’t want help themselves. They need to want to change and take the initiative to get help. Hospital ED detox units or ERs are only to get them safely detoxed- I would highly imagine they provided him resources that are in network with his insurance but it’s not the hospitals job to get him to the facility or follow up care. He needs to do that himself. Now if he admitted harm to himself or others he could be involuntary committed to a psych hospital but that would address his psych needs- ultimately not his SA issues which need long time care. 
You are in a hard spot and I feel for you. You are extremely lucky his mother is there to support you both. You really need to think of the other you want for your child and start there.

Hmm it's a really hard spot to be in

[Chidang 8]

She's extremely distraught and doesn't know what to do. She's very supportive to me and any decision i chose to take

[Chidang 8]

3 hours ago, carmel34 said:

Best advice is to find a good attorney who knows both divorce and immigration laws.  Explain your situation and that you can't pay.  An experienced lawyer will be able to force your husband to pay your legal fees and also to support you and the baby financially both short and long term.  You can file adjustment of status on your own if you have evidence that qualifies under the VAWA.  So sorry you are going through this, hopefully the future will be better for you and your baby.  Good luck!

Thank you. I hope so too

[HRQX 4,145]

6 hours ago, Luckycuds said:

Because she can only adjust status through him.

That's incorrect. Can still AOS but would need I-864 from him. Or if she qualifies for VAWA she can AOS through that by herself. "In the decision, the Board definitively held that the statutes and regulations necessitate the conclusion that a K1 adjustment applicant requires an affidavit of support from his or her sponsor, absent a battered spouse or widower exception." http://myattorneyusa.com/matter-of-song-27-iandn-dec-488-bia-2018-k1-aos-applicant-must-have-affidavit-of-support-from

[Chidang 8]

11 minutes ago, HRQX said:

That's incorrect. Can still AOS but would need I-864 from him. Or if she qualifies for VAWA she can AOS through that by herself. "In the decision, the Board definitively held that the statutes and regulations necessitate the conclusion that a K1 adjustment applicant requires an affidavit of support from his or her sponsor, absent a battered spouse or widower exception." http://myattorneyusa.com/matter-of-song-27-iandn-dec-488-bia-2018-k1-aos-applicant-must-have-affidavit-of-support-from

Thanks everyone I'll keep y'all updated

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19 hours ago, aaron2020 said:

Absolutely wrong.  

 

Depriving a parent of custody of a child is a crime.  Being married does not give her any right to deprive him of custody of his child.  Please Google international parental kidnapping.  

“Deprive him of custody of his child”. Did you miss the part where I said, “until you are divorced?”

 

I can promise you that while parents are married, the police won’t do anything.

[aaron2020 11,651]

8 hours ago, mbright said:

“Deprive him of custody of his child”. Did you miss the part where I said, “until you are divorced?”

 

I can promise you that while parents are married, the police won’t do anything.

Without a divorce, the father can get an emergency custody order based on her attempting to remove the child to another state or out of the country.  This would subject mom to charges of parental kidnapping.  So, a divorce action is not necessary.  

Furthermore, you said she can "leave the country with the baby."  How is she going to do that when the baby doesn't have a passport?  

Edited July 26, 2020 by aaron2020

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3 hours ago, aaron2020 said:

Without a divorce, the father can get an emergency custody order based on her attempting to remove the child to another state or out of the country.  This would subject mom to charges of parental kidnapping.  So, a divorce action is not necessary.  

Furthermore, you said she can "leave the country with the baby."  How is she going to do that when the baby doesn't have a passport?  

An emergency custody order can take longer than it takes to leave the country - especially if this is done as a surprise.  There are countries that do not work with the US for any family issues.  And she would have to trick the guy in to getting a passport for the child.  But, he's stupid enough to abuse her, he's probably easily manipulated.

[HRQX 4,145]

30 minutes ago, mbright said:

There are countries that do not work with the US for any family issues.

That doesn't justify committing a federal crime (18 U.S.C. § 1204).