Possible divorce with new born

[Fabio Apelbaum]

Jurisdiction

California

First of all, thank you all for any help or information you can provide.

A close family member is going through a rough time. Let me tell you about her history and current situation.

She borned and lived her whole life in Guadalajara, Mexico. 2 years ago she got married with a US citizen and moved to the US with him, about 9 months she acquired a temporal green card through her marriage. 8 weeks ago they had their first new born son.

During her marriage she has been dealing with a husband with abusive behavior, trying to find a way to make the marriage work they been going to multiple marriage therapy, and throughout that process is when she got pregnant, during pregnancy she dealed with pretty much the same issues to the point she was ready to go back to Mexico to have her baby there. He promised a change and he did... So she ended up having the baby here assuming he changed, but now that the baby is borned he returned to the same behavior that is destroying every bit of their marriage, he also shredded the baby's passport because he doesn't want her to flight out of the country with the baby. At this point she is needing your advice on what her options are. If she divorce he husband, I'm sure she will loose her green card correct? If that happens and she needs to leave the US, what happens with the baby? She wants to have custody over the baby and he has threatened her that if she leaves him, he will take the baby away from her...

The concerning part is that he has money and legal connections while her situation is the complete opposite if she stops depending on him.

What are her options if she doesn't longer want to be married to him?

Is there any different outcome if he divorce her vs she devorcing him?

Any ideas or advice is highly appreciated.

Thank you all!

 

[mightymoose]

First off all, she should not leave the country with the child without first resolving custody issues through a court order. That is a sure way to lose the child to him.
Second, this is not a do-it-yourself divorce. She needs legal counsel and should meet with a divorce attorney to discuss her options before doing anything on her own that could work against her.

 

[Fabio Apelbaum]

Thank you very much for your response.

Assuming they decide to start the divorce process and resolving custody through a court order, could her green card be terminated before the divorce is complete and the custody in place? If the answer is yes and she requires to leave the US for said reason, what happens with the baby? Can the baby leave with the mother in this scenario? Or what is a realistic outcome?

Thanks again.

 

[zddoodah]

At this point she is needing your advice on what her options are.

Since your post clearly indicates you're aware that she can seek a divorce, I don't really understand what you're asking here.

If she divorce he husband, I'm sure she will loose her green card correct?

Impossible to say. However, given the very short length of her marriage, it's not impossible that the immigration authorities will suspect that the marriage was a sham solely for the purpose of getting her into the U.S. legally.

Is there any different outcome if he divorce her vs she devorcing him?

Those are the same thing, so no.

Your friend should consult with a local divorce attorney - shouldn't be too difficult to find one who also understands immigration issues. That's the only person who can give her a reliable answer about what might happen with the baby if she is deported.

 

[Zigner]

That's the only person who can give her a reliable answer about what might happen with the baby if she is deported.

I see no reason why the baby can't stay with dad...