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distressed..Pls help!!

Discussion in 'Life Without Spouse' started by zub, Mar 9, 2015.

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  1. Mar 11, 2015 #11
    VanithaSudhir

    VanithaSudhir Platinum IL'ite

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    Zub,
    I am tagging some more ILite's

    @chennaiexpress @yellowmango @rihana
    Plz suggest @zub
     
    VanithaSudhir, Mar 11, 2015
    VanithaSudhir, Mar 11, 2015
    #11
  2. Mar 11, 2015 #12
    armummy

    armummy Platinum IL'ite

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    Do you have a lawyer in india . You can get alimony in India too.

    Can an you take the kid to US without your gay and consent . I heard about rules in US that you need to have both parents agreement on taking her child out .it may apply while getting the child back too . Better to heck with lawyers before proceeding with any decision .
     
    armummy, Mar 11, 2015
    armummy, Mar 11, 2015
    #12
  3. Mar 11, 2015 #13
    KashmirFlower

    KashmirFlower IL Hall of Fame

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    Hi op,

    so sorry to hear about ur selfish husband. Is court in India decided that u allowed to see ur son on weekends? I think it has set by ur husband. U have to consult indian lawyer too, if u want to take ur son to usa against ur husband wishes, so that ur dh and in laws don't play games here.

    I also think u should go to usa and consider ur separation or divorce. I think as a mother of minor kid u will get ur son custody, but I am not sure as I have no knowledge in indian or USA laws. As suggested already by a friend here , before going to USA please consult USA lawyer with help of ur siblings and take their help.
     
    KashmirFlower, Mar 11, 2015
    KashmirFlower, Mar 11, 2015
    #13
  4. Mar 11, 2015 #14
    Rakhii

    Rakhii Moderator IL Hall of Fame

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    Actually, can she take the minor child away to US (even though he is a US citizen) alone? Don't they require some kind of papers from the dad releasing the child?
     
    Rakhii, Mar 11, 2015
    Rakhii, Mar 11, 2015
    #14
  5. Mar 11, 2015 #15
    zub

    zub New IL'ite

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    Thank you so much for all your responses ladies..

    @keet....how many trips do I have to make to keep my green card alive and how long will i have to stay (length of stay) looking to the fact that I completed 3 years (36 months) of stay in the US after receiving GC. Any idea about this??

    Also my H will not allow my son to go with me to US since he is the one planned this conspiracy of bringing me back to India in order to avoid hassles of alimony/child support. So what if I travel without my son to US and then file for child custody? Will this work?
     
    zub, Mar 11, 2015
    zub, Mar 11, 2015
    #15
  6. Mar 11, 2015 #16
    sdiva20

    sdiva20 Platinum IL'ite

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    OP-My understanding is that as a GC holder you have to maintain residency in US for at least 6 months in a (every)year. They have this rule so people who are granted residecy actually reside here and not misuse it.

    Your more pressing issue is be to seek counsel from an attorney in US. None of us can give you legal advice and moreover with state laws varying, what one say may or may not apply to your state or case.

    But please keep in mind, as a homemaker which a young child, you will eligible for alimony and child support in US. In some state, all assets accquired in the duration of marriage (home, saving and investments including 401K) will be split evenly.

    A friend of mine went through divorce last year - SAHM- and she got all that. I will stress the importance of consulting an attorney who will guide you and look out for your interest.
     
    sdiva20, Mar 11, 2015
    sdiva20, Mar 11, 2015
    #16
    4 people like this.
  7. Mar 11, 2015 #17
    dsmenon

    dsmenon Gold IL'ite

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    OP, it would be better if you come to the US and do the proceedings. As @Sdiva and others mentioned you would be entitled for alimony and child support. Also your GC status would remain intact.

    Also, if you take your child to India your Husband can file a case against you. You need to get all the release forms and documentations from your husband.

    Please consult an attorney who would be able to guide you in the right direction.
     
    dsmenon, Mar 11, 2015
    dsmenon, Mar 11, 2015
    #17
  8. Mar 12, 2015 #18
    Laks09

    Laks09 Moderator Staff Member IL Hall of Fame

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    @zub - I have no ideas about the legality of this issue. Your best bet is to somehow get back to the US, apply for divorce here and also for joint custody of your son. That's the only way you can get the alimony etc sorted out. My friend is going through hell in India for alimony and the case has dragged on for years. You have to get in touch with an attorney ASAP. Get help from your siblings to find out about the legality. I know a US citizen can walk into the US Consulate and check on such things. I don't think you can.

    You need to ask a lawyer if you can come to the US, establish residency and get shared custody and alimony even if your spouse isn't here. I know it can be done. Also figure out if you can come by yourself, without your son and see if you can later share custody and bring him over. You need to find a way to get your citizenship. Your citizenship will safeguard your rights over your citizen son. I'm most worried about your dh's threat of cutting you out of custody completely.
     
    Laks09, Mar 12, 2015
    Laks09, Mar 12, 2015
    #18
    2 people like this.
  9. Mar 12, 2015 #19
    heron

    heron Platinum IL'ite

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    Good to hear that your health is all fine.

    Just make a trip and come back to keep your GC status. However, if you could actually come back for good to US is better, as sdiva said, you will be protected financially by the govt.

    Your husband does love your kid, he is not a bad father but boy he is clever in getting you back to India in the time of seperation, he knows what he will be answerable to in US so he cleverly brought you here, he can get away with no questions asked.
     
    heron, Mar 12, 2015
    heron, Mar 12, 2015
    #19
    2 people like this.
  10. Mar 12, 2015 #20
    heron

    heron Platinum IL'ite

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    The guy knew all this... these people plan so well!
     
    heron, Mar 12, 2015
    heron, Mar 12, 2015
    #20
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