Divorce and children

[jan22 3,049]

4 hours ago, NoMansLand2020 said:

The baby's birth has not been registered neither does the baby have a passport 

I would urge you to enter the passport issuance alert into the system as soon as possible, as a precaution.

 

From what I've read, I agree that the baby is a dual national -- but that cannot be known by the Phillipine government until the baby's birth is registered with the Embassy/Consulate, which takes info from both parents.  So, no Phillipines passport is likely to be issued without your knowledge -- unless there's fray involved.

[Mike E 11,739]

5 hours ago, jan22 said:

Just a thought for the future, as you decide how to proceed:

 

If the baby does not yet have a US passport, but you think there is a chance she will try to get the baby one and leave the country, you should enroll the baby in the State Department's passport issuance alert program.  Once you do so, a US passport cannot be issued without you being notified and confirm you agreement to its issuance.  For details on how the program works, take a look at:

https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/prevention/passport-issuance-alert-program.html

 

Has the baby's birth been registered with the Phillipine Embassy or Consulate?  If so, i don't know if there is a similar program for issuance of a Phillipine passport.

Given other comments explaining how some parents circumvent the above via dual citizenship,  my thought was that surely CBP has a process. It took some digging, but:

 

https://help.cbp.gov/s/article/Article-827?language=en_US

 

Title

Child- International parental child abduction

Summary

 

Date Published

1/6/2022 12:25 PM

Content

 

Federal law prohibits a parent from removing a child from the United States or retaining a child in another country with intent to obstruct another parent´s custodial rights (18 U.S.C. § 1204). As required by Title III of the International Child Abduction Prevention and Return Act  (ICAPRA), U.S. Customs and Border Protection (CBP), in coordination with the U.S. Department of State and other federal agencies, has established a program that seeks to prevent the departure of a child from the United States when presented with an valid, enforceable court order which prohibits the child’s removal from the United States (6 U.S.C. § 241).

If you are concerned that your child is at risk of being abducted internationally by a parent, legal guardian, or someone acting on their behalf

• Obtain a valid, enforceable U.S. court order that includes prevention provisions, such as restrictions on removing the child from the United States.
• Contact the U.S. Department of State (DOS) Office of Children’s Issues for 24/7 assistance:
  • Phone: 1-888-407-4747 (U.S. or Canada) or +1-202-501-4444 (International)
  • Email:   PreventAbduction1@state.gov

If you believe that your child is in the process of being abducted internationally by a parent, legal guardian, or someone acting on their behalf

• Immediately notify local or airport police and provide them with copies of court orders
• Request that they enter your child and the possible abductor(s), if known, into the National Crime Information Center (NCIC) database
• Contact the U.S. Department of State (DOS) Office of Children’s Issues for 24/7 assistance:
  • Phone:  1-888-407-4747 (U.S. or Canada) or +1-202-501-4444 (International)
  • Email:    PreventAbduction1@state.gov

If your child has already been abducted internationally by a parent, legal guardian, or someone acting on their behalf

• Contact the U.S. Department of State (DOS) Office of Children’s Issues for 24/7 assistance:
  • Phone:  1-888-407-4747 (U.S. or Canada) or +1-202-501-4444 (International)
  • Email:    PreventAbduction1@state.gov

Prevent Abduction Program

U.S. Customs and Border Protection’s (CBP) Prevent Abduction program can assist in the prevention of International Parental Child Abduction (IPCA) (6 U.S.C § 241)

CBP coordinates with DOS Office of Children’s Issues on IPCA cases 

• DOS Office of Children’s Issues submits potential IPCA cases to CBP for enrollment into CBP’s Prevent Abduction program
• IPCA cases must include a valid, enforceable U.S. court order indicating the child is prohibited from being removed from the United States.
• CBP creates travel alerts for the child at risk of IPCA and any potential abductor(s) involved
• CBP continuously monitors Advance Passenger Information System (APIS) data in real-time on passengers traveling to and from the U.S. using commercial carriers and vets that information against the travel alerts.
• If a child at risk of IPCA or potential abductor(s) attempts travel aboard a commercial carrier their travel alert data will match against their APIS data, and CBP will be notified automatically.
• Once travel is identified, CBP officers working the Prevent Abduction Program notify DOS Office of Children’s Issues and coordinates with the CBP officers at the airport, seaport, or land border Ports-of-Entry (POE) on intercepting the child before departure.
• CBP at the airport, seaport, or land border POEs further coordinates with local law enforcement on enforcing the valid court order.

The Office of Children’s Issues is available to answer your questions regarding preventing and resolving international parental child abductions during regular business hours (8:15 a.m. - 5:00 p.m. ET). Please contact the U.S. Central Authority for the Hague Abduction Convention any time at the number below to report an Abduction in Progress.
 

By Phone

1-888-407-4747 (from the United States and Canada)
+ 1 202-501-4444 (from outside the United States)

By Email

Questions regarding preventing international parental child abductions:
PreventAbduction1@state.gov

For general abduction questions:
AbductionQuestions@state.gov

By Mail - 

United States Department of State
CA/OCS/CI
2201 C. St., NW
SA-17; 9th Floor
Washington, DC 20522-1709

[NoMansLand2020 298]

If I withdraw her affidavit of support, will she be deported? And if she goes back to the Philippines would I have to get divorced? Not sure of the legalities involved. 

[Mike E 11,739]

8 hours ago, NoMansLand2020 said:

If I withdraw her affidavit of support, will she be deported?

I-485 will be denied. Legally she can be deported. USCIS will advise her to leave 33 days from the  date of notice of denial. Current ICE policy is to not deport people who entered legally and are not a danger to America or to Americans. However, she has no path to get  lawful status except by filing I-485 on the basis

of marriage to you. 
 

K-1 petitioners have extraordinary power until I-485 is approved. 

 

8 hours ago, NoMansLand2020 said:

 

And if she goes back to the Philippines would I have to get divorced? 

The only person who can force you to get divorced is your wife. 

[NoMansLand2020 298]

If I withdraw her petition and now the kids' what happens in that situation? I haven't adopted them and she said she wouldn't let me until she received her GC. 

 

I love the kids, and I don't want to lose them. But I don't know if I can continue with the marriage. I don't want to be vindictive either. She's told me many times that she married me out of pity. 

 

How does divorce work if she goes back to the Philippines if the petition is withdrawn?  Will the courts still require me to send her alimony and assets like retirement and property? 

[Boiler 45,443]

Do you not have any friends who have gone through the divorce process with children?

 

My impression is that you do not realize the amount of trouble you are in.

 

You need serious legal help.

 

 

[Redro 4,611]

25 minutes ago, NoMansLand2020 said:

If I withdraw her petition and now the kids' what happens in that situation? I haven't adopted them and she said she wouldn't let me until she received her GC. 

 

I love the kids, and I don't want to lose them. But I don't know if I can continue with the marriage. I don't want to be vindictive either. She's told me many times that she married me out of pity. 

 

How does divorce work if she goes back to the Philippines if the petition is withdrawn?  Will the courts still require me to send her alimony and assets like retirement and property? 

You need to speak to a lawyer who is versed in international divorce and custody issues. 
 

You are not responsible for her children but you will need to work out a custody arrangement for your shared child. No one can tell you what that will look like… you will probably be asked to pay child support BUT how it is enforced if she moves back to the Philippines depends on factors we cannot advise you on… 

You also can’t control her actions, so if she decides to remain in the US she can either stay without status or file VAWA. 

 

Consult with a lawyer as soon as you can… 

[Mike E 11,739]

39 minutes ago, NoMansLand2020 said:

If I withdraw her petition and now the kids' what happens in that situation?

Your step kids’ I-485s will be denied. Same situation as with your wife. 

 

Quote

 

I love the kids, and I don't want to lose them.

Yes. This is one of several reasons why K-2 is not  a good choice for kids under age 18. Lesson learned if you marry a foreign person in the future.

 

You can voluntarily provide some financial support for them when they return to their country. Also, I believe that for immigration purposes you will continue to be their step parent despite a divorce. If so, you can petition them separately down the road. A consultation with an immigration lawyer will confirm this after the dust settles and your divorce is final and she and her two kids are back in their country.

 

Quote

But I don't know if I can continue with the marriage. I don't want to be vindictive either. She's told me many times that she married me out of pity.

She is abusive physically and emotionally. End the marriage. Withdraw your I-864s.  The clock is ticking. Any day now the I-485s can be approved.
 

Quote

 

How does divorce work if she goes back to the Philippines if the petition is withdrawn?  Will the courts still require me to send her alimony and assets like retirement and property? 

For a short marriage any alimony will be for a short duration. Knowing your state of residence will help you to get a better answer. California for example has a guideline of alimony for a period equal to half the  duration of the marriage if the marriage lasted under 10 years.

 

Generally

 

* jointly titled assets and liabilities are split 50/50

 

* appreciation in value of individually titled assets are split 50/50

 

but this varies by state.

 

Depending on the state a big chunk of your 401k is at risk.

 

21 minutes ago, Boiler said:

My impression is that you do not realize the amount of trouble you are in.

 

And yet there is a powerful tool that will alleviate most of the trouble.

 

* withdraw I-864s. Now

 

* notify State and CBP to block passport/transport of the baby. Today.

 

* file for divorce. Make an appointment with an immigration lawyer today.

 

 

Edited March 24, 2023 by Mike E

[NoMansLand2020 298]

Can I withdraw the petitions, but forego filing for divorce? Am I legally required to divorce her? 

[Boiler 45,443]

There is no requirement to divorce anyone.

 

Obviously your bad situation will get worse but you do you.

[Redro 4,611]

21 minutes ago, NoMansLand2020 said:

Can I withdraw the petitions, but forego filing for divorce? Am I legally required to divorce her? 

What’s your logic behind this idea? 

Edited March 24, 2023 by ROK2USA

[Allaboutwaiting 2,503]

32 minutes ago, NoMansLand2020 said:

Can I withdraw the petitions, but forego filing for divorce? Am I legally required to divorce her? 

Weirdest question ever. 

 

So you want to "keep" them but out of status.

 

#shocked

[Mike E 11,739]

34 minutes ago, NoMansLand2020 said:

Can I withdraw the petitions, but forego filing for divorce? Am I legally required to divorce her? 

Asked and answered:

 

3 hours ago, Mike E said:

The only person who can force you to get divorced is your wife. 

 

[NoMansLand2020 298]

21 minutes ago, ROK2USA said:

What’s your logic behind this idea? 

I don't want to have to fork over any assets or monies. Especially if she married me out of pity. We don't have any joint assets. She's not on any titles. I'd be more than happy to pay for her to get home and maybe a few thousand to help out until she's able to get going. Because she's going back to nothing. No house, no job. 

 

Since I'm not a legal parent to the older two kids, ages 7 and 9, I don't feel responsible for child support. We've only been married 1 year this month. I sure hope she wouldn't be allowed to take our 3 month old. Those kids would go back to absolutely nothing... No stability, no friends, poor education and poor health care. 

[Boiler 45,443]

So what is the plan?