QUESTION
If I am on H4 dependent visa can I take my son back to India without my husband’s help?
Asked on Apr 19th, 2014 on Child Custody - Washington
More details to this question:
I am on H4 dependent visa and my husband on H1 visa. I gave birth to baby in February 2014. I wish to go to my home country India with my son but my husband is not cooperating in filing his Visa. He says that I should leave the baby and then to India. What are my rights? Please help.
3 ANSWERS
If you gave birth to the baby in the US, the baby is a US citizen and does not need a visa for the US. You can probably also register him with the Indian Embassy to see if he derives any Indian citizenship rights by virtue of his parents' nationality/citizenship.
Answered on Apr 24th, 2014 at 1:07 PM
You need both parents' consent to apply for US passport for the baby, unless you hold sole custody.
Answered on Apr 22nd, 2014 at 10:31 AM
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You can only take the baby to India with agreement of your husband or a court order allowing you to take the child. Are you looking for a divorce or legal separation from him?
Answered on Apr 22nd, 2014 at 10:30 AM