My boyfriend is planning to overstay in the US

[Crazy Cat 41,851]

5 minutes ago, SusieQQQ said:

As Carmel points out he hopefully can be held at least to the financial responsibilities. 

Hopefully.......but it would be a herculean task under the present circumstances.  

Edited October 7, 2021 by Crazy Cat

[Adventine 3,196]

4 minutes ago, SusieQQQ said:

As Carmel points out he hopefully can be held at least to the financial responsibilities. 

Hopefully he can. But based on the very limited info given by the OP, it doesn't seem like the boyfriend is motivated to do that.

[Demise 1,283]

I mean only thing you could realistically do is sue him in whichever state he's residing in for child support. Guyana is not a signatory to the Hague Convention on Child Support or a country that US has a reciprocity agreement with US.

[SusieQQQ 11,586]

2 hours ago, Adventine said:

Hopefully he can. But based on the very limited info given by the OP, it doesn't seem like the boyfriend is motivated to do that.

No but the law might work. No idea how strong it is for these situations.  Of course would also be a problem for any eventual US naturalization, if he marries a USC and if uscis ever found out. 

[igoyougoduke 1,656]

6 hours ago, Alisa00 said:

Hey Guys,

I was wondering if anyone here can advise me on what to do. My boyfriend travelled to the US on a tourist Visa and was supoose to travel back home(Guyana) on 3rd October but the night he was supoose to leave,he messaged and say he is not coming back. I am 5 months pregnant and he choose to just leave me and his unborn son. I need him back here to help out. I do not want my baby to grow up without a dad and I am just 21 years old. When i spoke to him about it, he said he is working and has a better life there. Please guys I really really really need your help. 

 

what is your question about immigration. this is probably not a family planning advise forum 

[Hanane حنان 18]

Was he allowed to stay stay 6 months or less.

[SalishSea 17,829]

4 hours ago, Demise said:

I mean only thing you could realistically do is sue him in whichever state he's residing in for child support. Guyana is not a signatory to the Hague Convention on Child Support or a country that US has a reciprocity agreement with US.

If he is here illegally, and working under the table, how could that even be enforced?

[SusieQQQ 11,586]

11 minutes ago, Jorgedig said:

If he is here illegally, and working under the table, how could that even be enforced?

People on VJ often note that family courts disregard immigration status. And we know plenty of people working illegally still pay taxes so it’s not all hidden economy. Garnishee order? I agree it’s a long shot, but it’s still better advice than the callousness of some people here who seem to find someone’s distress amusing (regardless whether or not this is the right forum to ask, surely showing some basic level of humanity is not too much to ask?)

[SalishSea 17,829]

1 minute ago, SusieQQQ said:

People on VJ often note that family courts disregard immigration status. And we know plenty of people working illegally still pay taxes so it’s not all hidden economy. Garnishee order? I agree it’s a long shot, but it’s still better advice than the callousness of some people here who seem to find someone’s distress amusing (regardless whether or not this is the right forum to ask, surely showing some basic level of humanity is not too much to ask?)

I wondered because I guess I think that someone who overstays on a B visa is more likely (at least early on) to work in a type of job that would be difficult for any state to enforce a garnishment.

[SusieQQQ 11,586]

“IRS estimates that about 6 million unauthorized immigrants file individual income tax returns each year. Research reviewed by the nonpartisan Congressional Budget Office indicates that between 50 percent and 75 percent of unauthorized immigrants pay federal, state, and local taxes.” 
Bringing him to someone’s notice might not help OP but it can’t hurt. I suspect though that OP may need to find a willing pro bono lawyer.

[Demise 1,283]

2 hours ago, Jorgedig said:

If he is here illegally, and working under the table, how could that even be enforced?

Not well versed in family law (especially considering that we've got 50 states, 1 federal district, and 5 territories each with slightly different law), but I assume that courts would count whatever income he has under the table or working with something like a fake green card, and there's some floor to it, and the whole matter of discovery in civil suits.

 

Like once a child support order is issued enforcement becomes a pretty simple matter since in most states if you don't pay they can garnish your wages and if they can't then they'll happily put you into jail.

 

OP probably won't win a lot but whatever she does win would probably go a long way in Guyana.

Edited October 8, 2021 by Demise

[Danmuji 14]

Really sorry you are having to go through this OP

[Redro 4,611]

OP you are in a tough situation, I'm sorry. 

If you are interested in child support,  before anything else, you will need figure out how to establish paternity in Guyana.

I do not know if you can put his name on the birth certificate without his consent (as you are not married). 

Also, if your boyfriend has decided to overstay in the States Is it because he believes this is the best way to support you and the baby OR has he officially broken up with you?

Have some more conversations with your boyfriend if you are confused. You should also reach out to your family and family services in your city for support. 

This is not an immigration issue so, I don't think this forum can help you as it seems like your boyfriend has not overstayed his visa yet. 

 

[African Zealot 1,455]

Prayer is the key 🔑 when there’s absolutely nothing you can do to compel someone to do what is right.

 

Best wishes, you’re stronger than you think.

[Joyoussinger 1,425]

2 hours ago, Kor2USA said:

Also, if your boyfriend has decided to overstay in the States Is it because he believes this is the best way to support you and the baby OR has he officially broken up with you?

 

I wonder about this, too, although if he were planning to support his child, I'm sure he would have been clear about that. @Alisa00, I'm sorry this has happened to you and I wish you the best.