Aos k1

[TBoneTX 45,778]

A post that is potentially interpretable as condoning illegal immigration-related activity has been removed.

[Ban Hammer 13,465]

2 hours ago, mbright said:

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.

the child not having a passport renders this moot - it has already been stated that it takes both parents to get a child a passport.  no passport = no international travel.

 

regarding "Then simply divorce him from you home country where the law may be more favorable to you." - i suggest reading the Hague Convention on the Civil Aspects of International Child Abduction or Hague Abduction Convention - The primary intention of the Convention is to preserve whatever status quo child custody arrangement existed immediately before an alleged wrongful removal or retention thereby deterring a parent from crossing international boundaries in search of a more sympathetic court. The Convention applies only to children under the age of 16.   while the op has not stated what her country of origin is, many countries are signatories to the aforementioned convention and anyone foolish enough to follow that advise could easily find themselves out of the frying pan and into the fire.

 

also note that any further suggestions of this course of action or anything similar constitute instructing someone on illegal activity and any member doing so will receive lengthy administrative action against their account.  such advise is contrary to the terms of service of this site and US law.
 

for the op - do not entertain any thoughts of self harm.  even voicing such thoughts may cause you to lose custody of your child.  having been down the same road with an alcoholic, feel free to pm me if you need to vent.

charles

vj moderation

Edited July 27, 2020 by Ban Hammer

[SalishSea 18,015]

16 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.

This is incorrect.  Parental rights are parental rights, regardless of marital status.  I get the feeling you don't realize quite how serious parental kidnapping is.  Whether the parents are married to each other or not is irrelevant in terms of the crime, and how it is seen by the courts.

[TBoneTX 45,778]

The participant who was being challenged has closed his VJ account.

[Quarknase 1,072]

I'm so sorry for what you're going through! The silver lining in all this: be grateful that you were able to find shelter at his moms, where you and the baby seem to be safe for now.

 

From what you describe (especially the physical/mental abuse), I do believe that you can file a VAWA (Violence against Women Act) case and obtain your Greencard without him. It won't be a fast process, but you would eventually be eligible to work and receive your greencard. Given the added complications for moving home with a USC child, this might be a route that you want to consider.

 

May I recommend that you join the VAWA thread here? The group will be able to provide emotional support, as everyone has gone through abuse themselves. There is also a very knowledgeable VAWA attorney in this group, @sandranj, who might be able to advise further.

For now, I recommend that you stay in a safe place and continue counseling. A psychological evaluation with PTSD/Depression due to the abuse will come in handy if you decide to pursue that route.

 

You can divorce now, or at any point later on when you feel ready to face this process.

 

Stay strong!